Avoid Land Scammer

12/09/2025

Coastal erosion is affecting most properties in Ibeju-Lekki, especially along the Lekki Town coastal corridor to Imedu. If you have property there, check its status. If you don't have property, it's advisable to abstain from buying for now because our government seems unable to control it.

03/06/2024

Surveyor: On what circumstances can the property be revoked ?
In Nigeria, the government or authorized agencies can revoke your property rights under certain circumstances. Some grounds for revocation include:

1. Breach of contract: Failure to fulfill obligations or conditions stipulated in the sale agreement or deed of assignment.

2. Non-payment of taxes or levies: Unpaid property taxes, levies, or dues can lead to revocation.

3. Illegal development: Constructing buildings or structures without approved plans or permits.

4. Encroachment: Building on land beyond your authorized boundaries.

5. Acquisition for public purpose: The government may revoke property rights for projects like road construction, public buildings, or infrastructure development.

6. Fraudulent acquisition: If the property was obtained through fraudulent means, the authorities may revoke the title.

7. Violation of zoning regulations: Using property for purposes that contravene zoning laws.

8. Unresolved disputes: Failure to resolve disputes with neighbors or other parties.

9. Non-compliance with environmental regulations: Violating environmental laws or regulations.

10. National security concerns: In rare cases, property may be revoked for national security reasons.

Please note that revocation usually follows a legal process, and you'll typically receive notice and an opportunity to address the issue before any action is taken.
Written by Surv. Adediji Babatunde( mnis), a professional surveyor and the principal partner of Akogun Surveying and Environmental Consultancy.

20/05/2024

That's a crucial warning! Buying land in urban areas like Lagos, Asaba, Ibadan, or other densely populated cities can be risky if you don't involve a surveyor. Here's why:

1. Complex land ownership: Urban areas often have complex land ownership structures, making it difficult to verify true ownership.
2. Fraudulent sellers: Scammers may pose as landowners or agents, selling fake or non-existent properties.
3. Boundary disputes: Without proper surveying, boundary disputes with neighbors can arise, leading to legal issues.
4. Government acquisitions: Urban areas are prone to government acquisitions for development projects, which can lead to compensation disputes.
5. Environmental concerns: Urban lands may have hidden environmental hazards, such as pollution or flood risks.
6. Zoning and land-use issues: Urban areas have specific zoning regulations, and buying land without surveyor involvement can lead to discovering that the land is not suitable for your intended use.
7. Inaccurate property valuation: Without a surveyor's assessment, the property's value may be incorrect, leading to overpayment.

Involving a registered surveyor can help you navigate these risks and ensure a secure and successful land purchase.
Written by Surv. Adediji Babatunde( mnis), a professional surveyor and the principal partner of Akogun Surveying and Environmental Consultancy.

19/05/2024

Buying a property without consulting a registered surveyor can pose several risks, including:

1. Boundary disputes: Unclear or disputed boundaries can lead to conflicts with neighbors or legal issues.

2. Land fraud: Fake or forged documents can lead to purchasing a property that isn't genuinely available for sale.

3. Encumbrances: Undisclosed liabilities, such as outstanding debts or court orders, can be attached to the property.

4. Zoning and land-use issues: Properties may have restrictions or be designated for specific uses, affecting their value or usability.

5. Environmental concerns: Properties may have hidden environmental hazards, such as pollution or natural disaster risks.

6. Inaccurate property valuation: Without a surveyor's assessment, the property's value may be incorrect, leading to overpayment.

7. Legal issues: Failure to conduct due diligence can result in legal problems, including invalid contracts or unregistered titles.

8. Unidentified easements: Undisclosed easements, such as shared access roads or utility lines, can impact property use.

9. Incomplete or missing documents: Failure to verify documentation can lead to incomplete or missing records, causing future complications.

10. Potential loss of investment: Neglecting to consult a surveyor can result in a faulty or invalid purchase, leading to financial loss.

It is crucial to consult a registered surveyor to ensure a secure and informed property purchase.

Written by Surv. Adediji Babatunde( mnis), a professional surveyor and the principal partner of Akogun Surveying and Environmental Consultancy.

16/05/2024

IMPORTANT INFORMATION TO CONSIDER WHEN BUYING LANDED PROPERTIES IN NIGERIA

1. When buying family properties, especially royal or traditional families, ensure that you are dealing with the Head of the family and at least two principal members of the family, who are adults. Anything short of this, the sale is NULL. Head of the family alone cannot sell family property and principal members of the family alone cannot sell family property. It’s even worse if you are dealing just one person claiming to be the representative of the family.

2. When buying land from a company, ensure that you get the Status Report of the company before paying. Be certain that the property is not only registered in the name of the company but also the directors are the ones signing the documents with you. Insist on getting the means of identification of the seller. If they tell you they are selling on behalf of the family, refer to number 1 above by requesting for the Deed of Power of Attorney.

3. The fact that a property has a C of O is not a conclusive proof of title. You have to be certain that the C of O was not falsified or obtained by fraud or obtained over an encumbered property. Similarly, when a property is covered by a Deed of Assignment, ensure that it is a duly registered and stamped Deed and it is verified to be unencumbered. An unregistered Deed of Assignment cannot transfer a valid legal title. Ir is not different from a Contract of a sale of Land.

4. When buying property from a Church or Mosque, ensure that it is registered in the registered name of the Church or the Mosque. Also, make sure that you are dealing with the registered Trustees because not all Imams and Pastors are Trustees of the Church and Mosques. In most cases, they are just employees and get paid monthly salaries. So they cannot sell any property to you.

5. When buying property from a couple. If possible, request for their marriage certificate and do not deal with either the husband or wife. Make sure you deal with both of them. Don’t fall for, I have my husband or wife permission to sell. Also, make sure they both sign your documents in the presence of a witness. Otherwise, the sale can easily be set aside, especially when they are going through a divorce.

6. When buying a property that’s a subject of a will. Don’t fall for “my dad or mum” willed it to me without sighting the will. Also, sighting the will is not enough, you must make sure that the will is not subject to any litigation and the Executors of the Will have issued an Assent to the beneficiary selling the property to you. Without the document called “Assent”, no beneficiary can sell any property he or she inherited to you. Also, make sure you ask for a copy of the “Probate” issued to the Executors; because that’s the only document that gives the Executors the power to issue Assent. If it’s not a will, then ensure you have a copy of the Letters of Administration. Without this, you have not acquired a property.

7. When buying a property from a Developer, the title documents are not enough. Ask for development or building permits. Ask for evidence of payment of ground rents and land use charges on the property.

25/09/2022

They have no claim to that land, says Lagos Govt
Residents of Oluwa community in Ibeju-Lekki have protested the marking of their houses by Lagos State Ministry of Physical Planning and Urban Development and the demolition of their houses by Lagos State Environmental Task Force and Special Offences unit (Task Force).

The residents who claimed to have court judgment over the 358 hectares of land, said they were in shock when some policemen and Task Force officers, including street urchins, stormed the scene with four excavators to destroy over 50 uncompleted buildings in the community.

The placard-carrying protesters, who took the street on Monday, urged concerned citizens of the state to intervene in the matter, noting that life has become unbearable for them after the demolition.

Narrating the ugly incident, a counsel to the Oluwa family, Ademola Olowoyeye, expressed worried that the state government carried out the dastardly act, despite a warranty of possession issued to the family under Justice Ronke Harrison, who made the judgment at the Lagos State High Court on February 15, 2018.

He said they had secured the warranty since November 30, 2018.

The counsel also alleged that the state government through the Permanent Secretary, Lagos State Lands Bureau, Bode Agoro, had taken steps to block the order by barring the family from securing application for building permit from the ministry of physical planning.

He further alleged that before they came for demolition last Thursday, Agoro had tried to subdue the court judgment by offering them 60 hectares of land out of the 358 hectares.

According to him, “Because we want peace, we were also ready to compromise that judgment, but we will be taking 200 hectares and not 60. And we held this discussion last year November.”

Olowoyeye, who described the incident as heinous and uncalled for, asked that those who perpetrated the act should be brought to book.

“We are not here to cause chaos. What we want is for the law to prevail. We are going to insist on every inch of our land coming back to us because the judgement of the court is in our favour,” he said.

Speaking on the incident, the Baale of the community, Olawale Oluwa, lamented the rate of destruction, which he said amounted to billions of naira.

He added that beyond the demolition, the thugs who helped the security forces to chase the residents away also looted shops and stole goods worth millions of naira.

One of the eyewitnesses, Makanjuola Kolawole, said despite all their pleas, insisting that they have court backing on the land, the Task Force chased away all the residents out of the community.

He explained that people who came for the demolition told him that only the governor of Lagos State, Babajide Sanwo-Olu, could ask them to stop.

Contacted, the Executive Secretary, Lagos State Lands Bureau, Lolade Ajetunmobi, said: “ Lagos State Government has done the needful since the court said that they were not properly served.”

She, however, dismissed reports that the family has documents backing them as owners of the land.

“Let them bring out the documents that showed that they own the land,” she said.

Also, the Lagos State Commissioner for Information, Gbenga Omotosho said the land belongs to the Lagos State government, explaining that those people who occupied the land don’t have building permits to claim ownership.

He explained that the government, since 10 years ago, had allocated the land under a scheme ‘Abijo GRA Scheme’ to some people, who now have the Certificate of Occupancy and permit to build on the land.

“Before you build a house in Lagos, you must get a permit from the Ministry of Physical Planning, especially when houses are collapsing. It is because they don’t have building permit, that is why they went there to demolish the buildings,” he added.

In this article
Ibeju Lekki
Oluwa community

26/08/2021

LAND SCAM

A woman after working for years, saved a reasonable amount of money and decided to acquire a Landed Property which will form part of her retirement plan.

She got a Landed Property, one just by the Federal Highway. A great investment she thinks but there's a problem.

She paid for the Landed Property and after about 1month, she contacted us for the Survey.

On the site, we discovered the land falls within the setback given by the Federal Government during the construction of the highway.

We disclose this to the woman and she was devasted to hear such unpleasant news. On further enquiry to see if the Land Owner could give her another piece of land away from the setback, we discovered his land does not stretch further than what he showed the woman.

Can she go ahead to develop on the Land? Mbakwa ooo!!!

So she's faced with having her money refunded back to her and this may be difficult, therefore legal actions may be considered.

This can be averted by involving a Professional Land Surveyor in your Land Negotiations and Acquisition as he/she will help you make an informed decision as regards to the land.

Land Scam comes in different formats.

17/08/2021

Publication on the Removal of Right of Way on Babs Animashaun road and Jimoh Odutola Street, Surulere.

14/07/2021

The Lagos State Building Control Agency (LASBCA) said it has identified and marked 70 noticeably dilapidated and highly distressed buildings within the state, which would be removed to further prevent building collapse that could lead to loss of lives and property.

Speaking during the demolition of a partially-collapsed structure at No. 19, Church Street, Lagos Island, the General Manager of the agency, Gbolahan Oki, said 20 distressed structures were discovered in Lagos Island alone but added that removal of the identified structures would follow due processes, which would include conducting a Non Destructive Test (NDT) to verify if they were fit for human habitation or needed to have some renovation works on them.

Oki further reiterated that “the government has absolute zero tolerance for building collapse,” hence, all building codes and regulations within the state would be strictly enforced, including the need for all buildings above two floors to obtain insurance, as contained in the Building Regulations 2019 (as amended).

He warned building developers and owners to always involve LASBCA in their construction project, by seeking authorisation to commence building, after obtaining all necessary permits. They should also invite LASBCA at every stage and finally, should obtain Certificates of Completion and fit for habitation, once the construction is fully completed.

Oki appealed to residents to assist the government in actualising its objective of creating a safer Lagos, by reporting noticed substandard building constructions and dilapidated structures within their locality to the agency for necessary actions.

On the demolition of the partially-collapsed building, Oki said it had become necessary to immediately remove them, as they were dilapidated, distressed and not fit for human habitation.

He emphasised that there were over 50 buildings marked for demolition in Lagos, adding that the motive “is to sanitise and rid Lagos of distressed and dilapidated buildings to stem the era of building collapse in the state.”

Meanwhile, Oki and other officials had earlier visited the scene to get an on- the-spot assessment and asked residents to evacuate and relocate for their own safety.

18/11/2019

18/11/2019

01/01/2018

As it currently stands, the only Law in Lagos State which clearly defines upon whom the sole responsibility of paying Tenement rate[i] lies is the Land Use Charge Law No. 11 of 2001 of Lagos State[ii] . Lamentably the Lagos State Tenancy Law (2011)[iii] which is governs the relationship between landlords and tenant is silent on this focal point of property law. Land Use Charge as described on the Lagos State Land Use Charge website[iv] is a consolidation of all land based rates and charges payable under the land based rates law, the neighbourhood improvement charge law and tenement rate law. An explanation is also given for the reason behind the charge and the use in which proceeds are put into, viz.: Land Use Charge being a property tax in Lagos state, serves as a source of revenue generation which enhances provision of infrastructure and social amenities[v]. Tenement rate is the most commonly presented form of land use charge in Lagos even though the latter currently embodies the former.

Land Use Charge Law regulates the payment of all rates, Tenement rate inclusive, now incorporated under Land Use Charge and is payable by the owner of the property[vi]. Section 10 and 11 of the law[vii] states that the collecting authority may pronounce any person in occupation of chargeable property, to be the agent of the property owner and such occupier shall be liable to pay the charge on behalf of the owner. However the Law allows for a functional arrangement where the tenant pays for the tax, if the owner of the property is not in possession. The tenant is sanctioned by the Law to counterbalance such payments made under this Law from any money that is due to the owner of the property[viii]. There is a trend where property owners transfer the responsibility of paying Tenement rate to tenants via Lease/Tenancy Agreements. This practice is acceptable and since it is a personal contract between two consenting parties the State would not interfere because it lacks privity. It is instructive to note that where the tenant is misrepresented to assume the responsibility or where mistake or fraud is proven, that specific covenant is vitiated. There has to be consensus ad idem between both parties on this covenant term in the Lease/Tenancy Agreements. The repeat of this trend over the years have led to reinforcing the misconception by devious property owners that, even without Lease/Tenancy Agreements, the sole responsibility of paying Tenancy rate is the tenant’s.

The importance of the foregoing is simply to establish that where the owner of the property is not the occupier, the provisions of the Land Use Charge Law No. 11 of 2001 of Lagos State does not absolve him of his duty to pay Tenement rate. Cursory attention to this issue could easily be misled by the term tenement in itself. The free online dictionary[ix] in defining a tenement underlines an important element of the word: that it is owned by a landlord/property owner. It defines a tenement asabuildingforhumanhabitation,especiallyonethatisrentedtotenants. A rate is a form of tax and both terms usually mean the same thing. A Tenement rate in the simplest form is a tax charge, in form of rate, which is payable to the government for an occupied property. A literal translation of the term Tenement rate infers that the owner of the property, irrespective of who is in possession, bears the responsibility of paying the rate. Either the owner or tenant can foreseeably be an occupier at any given point in time but the owner cannot be a tenant. The occupier of any property could be the owner of the property or a tenant, renting or leasing the property. In the former it not inconceivable as to who else would pay the Tenement rate. The latter situation however, if created in an uncontemplated situation, would not seem just if a tenant was forced to pay the rate. This is especially after paying rent for the property, would a tenant further be saddled with the responsibility of paying tax for a rented property? To address this issue a proper definition of the term Tenement rate is apt in order to reaffirm the position of the law on whose responsibility it is to pay.

The Abuja Geographical Information Service defines Tenement rate:

“It is a tax charge on a rented property and payable to a local council for services rendered by that council. It has to be a developed property and in full occupation by either a tenant or the owner of the property. In other words the charges are not normally imposed on unoccupied property.[x]”

This form of tax falls under the umbrella of taxes due on occupied property (buildings). Tenement rate however differs from ground rent as payment of the latter is nonnegotiable and constant while the former suggests otherwise; because where the property is vacant and unoccupied, the rate is not due.

“Ground rent is a charge paid to Government for the use of the land. It is payable annually based on an approved rate. It is subject to periodic revision within the term of the lease.[xi]”

The Abuja Geographical Information Service further differentiates between Tenement rate and ground rent viz.:

“ Ground rent is paid for the use of the land regardless of whether the land is in occupation or not by the holder of the title, while tenement rent is payable on a rented property that is in full occupation by either a tenant or the landlord.[xii]”

Tenement rate being a tax charge, ipso facto should be paid by the property owner himself and the Land Use Charge Law No. 11 of 2001 of Lagos State[xiii] specifically lays the responsibility on the owner of the property. Innumerable reasons abound for this position, the most central being that any form of tax is payable directly by the person it is due. This rule is constant and universal in its application. As mentioned above, the grey area under which Tenement rate is payable by the tenant falls under contracts specifically covenants in Lease or Tenancy Agreement. Like every other rate that is payable and agreed as a covenant, payment of Tenement rate should be specifically stated in the Lease or Tenancy Agreement if the property owner seeks to transfer responsibility to the tenant. In order to forestall foreseeable contentious debates about whose responsibility it is to pay Tenement rate, tenants are enjoined to pore over the Lease or Tenancy Agreement and be certain it reflects his position. It is not enough for property owners to include a blanket covenant that it is the responsibility of tenants to pay all rates. The covenant should spell out each rate as agreed by both parties in the Lease or Tenancy Agreement. This would save a lot trouble in future.

CONCLUSION/RECOMMENDATION

The idea that a tenant should pay Tenement rate for a property that is not his seems unjustifiable, especially after paying rent and other attending charges i.e. agency etc. Since the commencement of the Land Use Charge Law No. 11 of 2001 of Lagos State on June 22, 2001 the debate as to whose duty it is to pay Tenement rate and invariably Land Use Charge has been permanently put to rest. Also the provision of the Law would forestall unscrupulous property owners from shifting the responsibility to tenants, even when they reside in the same property. The significance of this cannot be over stated as there has been a general misconception that payment of Tenement rate is the sole responsibility of the tenant. Section 11 Land Use Charge Law No. 11 of 2001 of Lagos State provides that the charge on property is payable by the owner of the property. A problem in the application of the provisions of the Land Use Charge Law No. 11 of 2001 of Lagos State is the inability of Land Use Charge officials/ agents to identify the current location of non-resident property owners. The property subject to such charge is usually served the demand notice charge bill even though there is a foreseeable scenario where the owner is not resident there. This lack of interest by Land Use Charge officials leaves the tenant in a thankless position as not paying the charge exposes the property to every enforceable relief from the government and doing so is with no assurance of reimbursement from the property owner. Tenants are placed in an extremely awkward situation ranging from harassment to such properties, including residential being sealed by agents of local government. Sealing an occupied residential tenement is a gross disregard and endangerment of live which goes against every safety and fire regulation. The government is enjoined to address the issue of property owners shirking from their duties to pay Tenement rate by evasion and deliberately being inaccessible. Land Use Charge demand notices should be served on property owners and where they are unavailable, if the government exercise its relief of giving the property to receivership, the right of tenant to peaceably hold and enjoy the demised premises without any interruption or disturbances by the Landlord or anybody claiming under and or in trust for him must not be derogated.

[i] Tenement rate or Occupier rate can be used interchangeably as the essence of the term is the same. It is a form of tax with the contemplation that the payer might not always be constantly the same person thus its amphibious term. It’s a broad term for tax on occupied property which could be paid by the owner or a tenant.

[ii] Land Use Charge Law No. 11 of 2001 of Lagos State. The Land Use Charge Law which is applicable to all properties in Lagos State as a unified property charge, came into operation on the June 22, 2001 (“LUCL”). The aim of this Law, is to make additional revenue for the state which is much needed to provide infrastructure for the increasing population.

[iii]Lagos State Tenancy Law (2011)

[iv] http://landusecharge.com/

[v] Ibid.

[vi] Section 11 Land Use Charge Law No. 11 of 2001 of Lagos State.

[vii] See Section 10 and 11 Land Use Charge Law No. 11 of 2001 of Lagos State.

[viii] Ibid.

[ix] http://www.thefreedictionary.com/tenement

[x] http://www.abujagis.com/faq.html

[xi] Ibid.

[xii] Ibid.

[xiii] Section 11 Land Use Charge Law No. 11 of 2001 of Lagos State.