How to Navigate Property Disputes in Nigeria
July 4, 2024
Property disputes are conflicts or disagreements related to property rights, ownership, possession, or interests in a property. It could arise between co-owners, landlords and tenants, buyers and sellers, developers and contractors, government and private property owners, etc. Some of these disputes arise in the form of ownership conflicts, inheritance and will contests, property damage or maintenance responsibilities, eviction and possession disputes, tenancy disputes, and so many more. Navigating these disputes may be a challenging process; hence, you need to be strategic about it and, advisably, follow some of the following steps:
You must always know your rights. If you do not know your rights, you are at risk of taking on disputes where you are either fighting blindly or being cheated of privileges you should enjoy. As a tenant in Nigeria, do you know that you have a right to quiet enjoyment and to live on a property without disturbance? You also have a right to a seven-day notice to recover possession after your quit notice has expired. As a landlord, you also have the right to not renew tenancy if the tenant has violated the tenancy agreement. And if the government must compulsorily acquire a property, a landlord has the right to be compensated.
Documentation is a very important step that will save you from a lot of issues and conflicts in the long run. What you need to do is keep a detailed record of all transactions, agreements, and correspondence related to the property. This would help to protect your interests. A certain dispute may arise, and as little as an email correspondence between a buyer and a seller could save everyone involved from all the stress of some sort of back and forth that could be detrimental to everyone.
Always seek legal advice. There are lawyers who have been property lawyers and have been effectively trained in the field to become property lawyers. You should ensure that, whether as a buyer, a seller, a landlord, or a tenant, you consult with a reputable lawyer who, as earlier stated, specializes in property law. These lawyers have been skillfully trained to guide you through disputes and help you effectively reach a resolution process. If necessary, this could lead to initiating court proceedings, and your lawyer would assist with presenting your case in court prepared with evidence and witnesses. Your lawyer would also give advice on complying with court orders and judgments to avoid further legal issues and penalties.
Remember that navigating property disputes in Nigeria requires a lot of patience, persistence, and an in-depth understanding of the legal frameworks of the property field in the country. All of these tips protect your interests and resolve disputes effectively without being detrimental to your portfolio as an investor in real estate or as a buyer or prospective tenant. Always make sure you ask questions and stay informed.