Buying land in Nigeria can be one of the most profitable investments especially buying family land which is often located in ancestral territories and desirable communities. Despite the appeal, purchasing family land comes with special legal risks that many buyers overlook. Without proper legal checks, a promising investment can become a costly nightmare involving lengthy litigation, loss of investment, or even eviction.

This article explains the key legal risks you should know before buying family land in Nigeria and offers authoritative legal principles, statutes, and case law to support each point.

“Family land” in Nigeria refers to land that is held by a family or lineage, usually through customary inheritance or occupancy rather than formal state titles. Such land is typically managed under customary law, which varies between ethnic groups and regions. Although many families eventually register the land with the government, a large portion still remains outside formal registry systems and is governed primarily through family consent and tradition. 

Legal Authority: Customary Land Ownership

In Amodu Tijani V. Secretary, Southern Nigeria The Privy Council recognised that customary land rights and family ownership existed prior to statutory land regimes, affirming that chiefs held land in trust for their communities.

Why This Matters

Failure to understand the legal nature of family land puts buyers at risk of acquiring land that is either not legally transferable or could be contested later by relatives who were not party to the sale.

1. Risk: Unauthorised Sale by a Family Member

One of the most dangerous legal pitfalls in family land transactions is when a single family member sells land without proper consent from all stakeholders.

What the Law and Courts Say

• In Adejumo & Ors V. Ayantegbe, a court held that a sale of family land without the knowledge and consent of principal family members was null and void. 

• In Offodile V. Offodile & Ors, the Supreme Court reiterated that a family sale without proper authority from the family head and principal members cannot stand legally.

Practical impact

What this means for you is that if you buy land and the land you bought is challenged as having been sold without full consent, a Nigerian court may invalidate the sale even if you paid good money and received documents.

2. Risk: Lack of Proper Title Documents and Governor’s Consent

In Nigeria, land law is governed by both customary law and statutory law under the Land Use Act 1978. One of the most important requirements in statutory land deals is Governor’s Consent.

Legal Requirement

Section 22 of the Land Use Act 1978 mandates that any transaction involving statutory rights of occupancy  which includes sales must receive the Governor’s Consent. Failure to obtain consent makes the transfer void and unenforceable.

Important Case Law

• In Savannah Bank v. Ajilo (1989) 1 NWLR (Pt. 97) 305, the Supreme Court held that a land transaction without Governor’s Consent is null and void. 

• Similarly in Awojugbagbe Light Industries Ltd v. Chinukwe [1995] 5 NWLR (Pt. 390) 409, a document that doesn’t satisfy statutory requirements is not considered a valid deed.

Why It’s Risky

Even if all family members agree to sell, a buyer could lose their investment if:

• the title isn’t formally registered with the Land Registry,
• Governor’s Consent is not properly secured,
• or the land remains under customary tenure only.

Family land often becomes subject to internal disputes  especially where inheritance and succession aren’t clearly documented.

Types of Family Disputes

There could be disputes such as:

• Conflicting claims between siblings, cousins, and extended relatives;
• Widows or minors asserting their inheritance rights later;
• Traditional customs restrict certain members from selling or inheriting. 

Legal Case Example

In Esan v. Faro,  the court allowed a junior family member to challenge a sale that violated customary norms. 

The consequences of this means even if a sale seemed valid at first, disputes can emerge years later dragging buyers into long and costly litigation.

4. Risk: Fraud and Forged Documents

Fraud is a pervasive risk in land transactions in Nigeria. Fraudsters may:

forge Certificates of Occupancy (C of O),

counterfeit Deeds of Assignment,

manipulate survey plans,

or sell land that does not legally belong to them. 

Why This Happens

Family land often lacks formal documentation, making it easier for dishonest sellers to falsify paperwork.

A practical tip is to always conduct a title search at the local Land Registry and confirm the Governor’s Consent before purchase.

5. Risk: Overlapping Claims and Double Sales

In areas with high demand (like Lagos, Ogun, and Abuja), family land may be sold to more than one buyer I.e the Oloto family. 

How this happens is that different family members independently sell the same land, sellers misrepresent boundaries or coordinates or fraudsters mislead buyers with false documents.

Consequences

Multiple sales can lead to overlapping claims, court disputes, and loss of investment.

You can avoid these issues by engaging a lawyer and conduct relevant processes such as land registry searches, physical surveys, and confirmation of all potential claimants.

6. Risk: Government Acquisition and Statutory Rights

Under the Land Use Act, government authorities may acquire land for public interest, even if privately owned. 

What This Means

If land (including family land)falls within an acquisition area, rights may be revoked with compensation, but delays and legal challenges can make outcomes uncertain.

Why this matters is because a buyer might invest in development, only to have authorities reclaim the land later.

7. Risk: Customary Practices Not Recognized in Statute

Nigeria recognizes both customary law and statutory land law. Sometimes a customary transaction accepted by a family is not enforceable under formal law, particularly when it conflicts with the Land Use Act.

An example: A family might issue a “family consent letter” without registering it, yet under statute this is not binding unless formal procedures are followed legally.

 The most important step to mitigate legal risks, buyers must take proactive legal steps:

•  Engage a Qualified Property Lawyer: A real estate lawyer can: verify title, conduct registry searches, confirm Governor’s consent, prepare and register the Deed of Assignment.

• Conduct a Land Registry Search: Check if: title is real and valid, land is not under litigation, government acquisition is pending, or that there are existing encumbrances.

•  Verify Consent: Family land should be sold with: consent letters from the family head, signatures of all principal members, properly executed deeds. 

•  Inspect the Land Physically and ensure the survey plan corresponds with the actual land boundaries and coordinates.

Conclusion

Buying family land in Nigeria can be profitable but comes with significant legal risks if not handled properly. The best way to protect your investment it to recognise the common pitfalls which include: unauthorized sales, lack of Governor’s Consent, hidden family disputes, forged documents, double sales, and government acquisition.

Proper legal due diligence, documentation, and engagement of qualified professionals are absolutely essential before signing any agreement or transferring money.

Contributors

OJIENOH SEGUN JUSTICE, ESQ.

Lead Partner, EKO SOLICITORS & ADVOCATES

RINDAP NANJUL DANJUMA Esq.,

Counsel, EKO SOLICITORS & ADVOCATES

COLE ANJOLA-JESU

Graduate Trainee, EKO SOLICITORS & ADVOCATES

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