How to Fix Land Ownership Disputes Before Investing

Buying land or property is one of the biggest investments many people make. But if land ownership is not clear, you may end up in long disputes. These disputes can cost you money, time, stress, even losing the land.

To avoid this, you must take action before you invest. That means fixing possible ownership disputes in advance. This article explains what causes land ownership disputes, how to check ownership, legal tools, step‑by‑step fixes, examples, pros and cons, comparisons, and FAQs. By the end, you will know how to protect yourself before you put money into land.

What “Land Ownership Dispute” Means

• Disagreement or contest over who truly owns a piece of land.

• It may involve overlapping claims, missing or fake documents, family or customary claims, government acquisition, or conflicting titles.

Key Terms You Should Know

Why Land Ownership Disputes Happen

Understanding causes helps fix them. Here are many common reasons in Nigeria, Kenya, South Africa.

Weak or Incomplete Land Records & Poor Information Systems

• In many places, land registry records are incomplete, manual, damaged, or lost. Governments sometimes haven’t updated land registries.

• In Kenya for example, many land databases are still paper‑based and prone to tampering or error.

Fake or Forged Title Documents

• People may produce fake titles, fake survey plans, fake deed assignments. Some documents may look real, but not registered or properly verified.

• In Nigeria, forgery is common: fake Certificates of Occupancy (C of O), fake survey documents.

Overlapping or Multiple Claims

• Sometimes more than one person claims the same piece of land. Could be because family members did not agree, customary owners and formal owners conflict, or because land was sold multiple times (double sale).

• Example: omo‑onile family disputes in Nigeria.

Customary / Traditional Claims vs Formal Title

• Many lands are under customary or traditional ownership. But formal (legal) title may also exist. Conflicts arise when someone buys land thinking the customary owner has full right, but there are other traditional family members or government authority that also have claim.

Government Acquisition or Compulsory Takeover

• Government may have acquired land for roads, infrastructure, other public purposes. But if acquisition is not properly notified, or not cleared, an investor may buy land that is later taken by government.

• Sometimes government acquisitions, or intended acquisitions, are not shown to buyer.

Unclear or Missing “Excision”, Gazette, or Approval

• In Nigeria, often lands in some states need to be excised and published in gazette. If not excised, they may still be under government control. Buyer may be at risk.

Lack of Legal Review or Use of Lawyers / Surveyors

• Many people try to save cost and avoid engaging a lawyer or a surveyor. They rely on seller, agent or just trust. This can lead to missing red flags.

Disputes over Inheritance / Family Ownership

• Land inherited may not be divided formally. There may be disputes among heirs. Some heirs may not know, or documents may not be updated.

Corruption and Bribery

• Officials may accept bribes to alter records or issue fake documents.

• Agents may falsify documents or mislead buyers.

Lack of Awareness and Due Diligence

• Many buyers do not know what documents to check. They trust seller or agent blindly.

• People do not check registry, survey, title authenticity.

How to Fix Land Ownership Disputes Before Investing: Step‑by‑Step Guide

Here is a very detailed plan to check and correct ownership disputes before you buy or invest in land.

Step 1: Collect All Ownership Documents & Background Information

What to ask the seller to provide:

• Title Deed(s): Certificate of Occupancy, Deed of Assignment, Registered Title, etc.

• Survey Plan: The official survey showing boundaries and dimensions.

• Excision or Gazette Notice (if required by local law).

• Governor’s Consent / Government Approvals (especially in Nigeria).

• Proof of payment: Receipts, taxes, development levies.

• Ownership History: who owned it before, transfers, assignments.

Make sure you get the originals or certified true copies.

Step 2: Verify the Documents with Relevant Government Agencies

In Nigeria

• Go to State Land Registry. Do a Title Search: confirm current owner, any encumbrances, government acquisition.

• Use Surveyor General’s Office to verify survey plan, check coordinates, ensure boundaries match.

• Confirm that land is excised and published in official gazette if required.

• Check Governor’s Consent for transfers under Land Use Act.

In Kenya

• Use the County Lands Registry or KDLD / National Land Commission to check title, ownership, any overlapping claims.

• Confirm if Title Deed is registered and valid.

• Use Surveyor General to check if the land plan is registered and accurate.

• Check for any government acquisition or public notice if land is to be acquired.

In South Africa

• Use the Deeds Registry office to trace title chain.

• Check Title Deed authenticity.

• Confirm zoning, municipal rates, permits.

• Check if land has any servitudes (right of way), restrictions, legal encumbrances.

Step 3: Perform Physical Inspection of the Land

• Visit the land in person. See boundaries, landmarks, beacons.

• Compare physical features with survey plan. Sometimes beacons are moved, boundaries encroached.

• Check access roads, infrastructure (roads, electricity, water). If infrastructure promised but not present, this could indicate false promises.

Step 4: Engage Professionals: Surveyors, Lawyers, Local Authorities

• Use a licensed surveyor to map the land, confirm survey plan.

• Use a real estate lawyer or property lawyer who knows land law in that state/country. Let them check documents legally, identify issues, advise.

• Talk to local authorities or community leaders to understand local tenure, customary claims, or dispute history.

Step 5: Check for Encumbrances, Litigation & Claims

• Search court records to see if any legal case has been filed over the land or its ownership.

• Check if land is mortgaged, has unpaid taxes, or other charges. Government acquisition or eminent domain risks.

• Also check if seller has full right to sell: maybe other family members must consent, customary owners, etc.

Step 6: Confirm Seller’s Identity & Authority

• Ensure seller is legal owner as per registry. If seller is a company, check corporate registration (CAC in Nigeria, etc.), who the directors are, whether signed documents are authorized.

• If selling via agent, check that agent is registered/licensed, that they have power of attorney or legal authorization.

Step 7: Use Written, Clear Contracts & Deed of Assignment

• Ensure contract states:

  • Full description of land (location, plot number, survey plan, size)

  • Title details (C of O, deed, approvals)

  • All promised infrastructure or features, and timelines

  • Payment schedule: down payment, installments, what happens if payment delayed etc.

  • Clear clauses for dispute resolution

• Deed of Assignment (transfer document) must be properly executed, registered.

Step 8: Register Transfer & Obtain Government Consents / Approvals

• After payment, ensure deed is officially registered in Land Registry or Deeds Office. Without registration, ownership may not be fully legal.

• Where required by law (e.g. Nigeria under Land Use Act), obtain Governor’s Consent or relevant government consent.

• Ensure survey plan is submitted and verified.

Step 9: Plan for Inheritance & Succession

• If land is inherited, ensure proper inheritance documentation (Will, Probate, Letters of Administration) so claimants are known.

• Update ownership records if title holders die; ensure heirs are registered.

• Formalize family or customary rights when possible.

Step 10: Use Dispute Resolution and Legal Remedies If Dispute Arises

• If you discover a claim or conflict, don’t buy. Or try to settle conflict amicably.

• Use mediation, customary courts / local leaders if small claims.

• If necessary, go to formal courts: land court, high court.

• Seek injunctions if someone else tries to encroach.

• Keep records of all documents, receipts, agreements, correspondence.

Comparisons: How Land Dispute Fixing Differs Among Nigeria, Kenya & South Africa

Pros and Cons: Fixing Disputes Before Investment

Like all things, there are benefits and costs. Let’s examine them.

Pros

• You invest with confidence; lower risk of losing land or money.

• Legal ownership means you can use land as collateral, sell, develop, rent securely.

• Avoid future legal costs, losses, demolitions, forced eviction.

• Peace of mind; less stress, fewer surprises.

Cons / Challenges

• It takes time: verification, legal steps, checking registry can slow purchase.

• It costs: lawyer, surveyor, government fees, search costs.

• Complexity: laws differ by state / country; customary rights complicate matters.

• Sometimes seller may resist transparency, causing delay or refusing sale.

Real-Life Examples & Case Studies

These stories show how fixing disputes helped some, and how ignoring them hurt others.

Example 1: Abuja Buyer Verifies Survey & Title, Avoids Dispute

A buyer in Abuja saw a plot with great price. Before purchase, they requested title documents, took survey plan, engaged a lawyer, verified with FCDA land registry, confirmed Governor’s Consent and saw no encumbrances. It cost a bit of time and money, but owner avoided buying land that was later claimed by government. Outcome: safe title, built property without fear.

Example 2: Lagos Investor Loses Land for Not Checking Excision

Someone bought land in Lagos, paid, built, but did not check if the land had been properly excised or published in the gazette. Later, Lagos state claimed the land as government acquired. Buyer lost building or forced to pay extra or forgo property. If earlier steps had been taken, loss might have been avoided.

Example 3: Kenya Farmer Deals with Duplicate Title

In Kenya, a farmer bought land from seller with a title deed. Later discovered another person had an older title for same plot. The buyer did registry search and court system eventually ruled in favour of rightful owner. Had buyer done search before purchase, the problem could have been avoided.

How to Create a Personal Checklist Before Buying Land

Here is a compact checklist you can carry with you when you plan to buy land.

• Seller must provide originals / certified copies of title deed(s).

• Survey plan matched with land and boundaries physically marked.

• Title deed registered in relevant registry, up‑to‑date.

• Approval from required authorities: governor’s consent, excision/gazette, local authority planning.

• No pending court case or encumbrance.

• Ownership history verified.

• Seller’s identity and authority confirmed.

• Written contract/assignment.

• Legal/Surveyor profession engaged.

• Adequate payment scheme, receipts, official stamps.

Summary Table Before Conclusion

Conclusion

Land ownership disputes are among the biggest threats to safe property investment in Nigeria, Kenya, and South Africa. But you can fix them or avoid them before investing by doing proper checks, verifying documents, engaging professionals, ensuring legal approvals and physical inspection, using clear contracts, etc.

Even though these steps take time, money and patience, they are far less costly than losing years, money, or your property rights.

If you are thinking of investing, do not rush. Use the checklist above. Do the legal work. Be smart. Protect your investment.

FAQs — Clear Questions & Answers

1. What is the first thing I should check before buying land?
   Check the title deed: verify that it exists, is original or certified copy, registered in the land registry, matches survey plan.

2. What is a survey plan and why is it important?
   A survey plan shows the exact shape, size, boundaries of land. It helps to confirm land you see on the ground matches the description. Without it, boundaries can be wrong, overlap with other land.

3. What is “excision” and “gazette notice” (Nigeria)?
   Excision is when government releases land from public use so it can be sold. Gazette notice is an official publication confirming the land is excised so it becomes legally available to private buyers. If land is not properly excised and published, government may still claim it.

4. Do I need Governor’s Consent (Nigeria) for all land purchases?
   Under Nigeria’s Land Use Act, Governor’s Consent is required for transferring property ownership (especially with Title Deed / C of O). Without it, transaction may be legally void or disputed.

5. What should a real estate lawyer do for me?
   Lawyer helps verify documents, check registry, review contracts, enforce legal rights, handle deed registration, and guide through approvals.

6. How much does it cost to verify land ownership?
   Costs vary by country, state, size of land. May include registry search fees, surveyor fees, lawyer fees. It can be some small percent of land cost, but always budget this in.

7. How long does verification take?
   It could take days to weeks. For example, in Nigerian states registry search may take 2‑7 working days; Governor’s Consent may take several months.

8. What if the seller does not have all legal documents or approvals?
   Either request missing documents before purchase, or reject deal if seller cannot provide them. Never buy without required legal approvals in place.

9. How do I check for lawsuits or disputes on land?
   Search court records in your state or county; ask local registry if property is under litigation; ask neighbors or local community about claims; check if land is encumbered.

10. Can customary rights lead to disputes even with formal titles?
    Yes. Traditional family or community may have customary claim. Even with formal title, if customary heirs are ignored, disputes may arise. Better to check family consent or customary claims when applicable.

11. Is digital title registry available and helpful?
    Yes, where available, digital registries make verification easier, faster, more transparent. BUT even digital records must be accurate and kept up to date.

12. What legal remedy do I have if I discover I bought disputed land?
    You may attempt litigation to prove your ownership, seek compensation, possibly rescind contract. It depends on evidence, how far you have gone with ownership, improvements, etc.