Practical Guides To Property Transactions in Nigeria PDF

PRACTICAL GUIDES
TO PROPERTY TRANSACTIONS
IN NIGERIA
(……what real estate agents, lawyers, property
merchants, landlords and tenants should know about
real estate in Nigeria).
OLUFEMI DAVID ALAPA

PRACTICAL GUIDES TO PROPERTY TRANSACTIONS IN NIGERIA
© February, 2017 by Olufemi David A.

ISBN: 978-978-55038-7-6
All rights reserved. No part of this publication may be

reproduced, stored in a retrieval system, or be
transmitted, in any form or by any means, mechanical,
electronic, photocopying or otherwise without the prior
written consent of the author.
NOTE
While every effort has been made to ensure that the
information in this book is as up to date and accurate as
possible, the law and the society where we live in are
complex and constantly changing. Readers are advised
to seek expert advice when faced with specific
problems.
This text is intended as a guide to Real Estate practices

and not used as a substitute for legal advice.
Published by:
Apex Branding Concept
10, Ajelanwa Street, Baruwa Inside,
Ipaja, Lagos.
Tel: 08062227366, 08115787728
ii
DEDICATION
To the Almighty God, the Supreme owner (Baba -Onile) of

lands and the contents therein.
iii
SPECIAL HONOUR
This book is written in honour of Godwin Joseph

Anyaegbu. A life coach, Financial Instructor and my
very good boss.
iv
ACKNOWLEDGMENTS
To be able to come out with this, I owe a whole lot of gratitude

to those who immensely contributed in one way or the other
to the success of this publication.
I wish to deeply appreciate all my beloved parents who gave
me the necessary environment to be what I am today. I tell
people that I am a man born of many parents because it takes
a whole community to raise a man.
Special thanks to my dear wife, Jessica Nneka who has always
given me useful advice at every stage of my life.
To my adorable Children, Oluwaseyifunmi Testimony and
Praise Moyinoluwa. You are the best every father should
always pray for.
Many thanks to my beloved Spiritual Father, Daddy E.A
Adeboye, my Parish Pastor, Mrs. Vemu Onoja, you have truly
being inspirational to my life.
I cannot but mention the support and love I got from my ever
dedicated and committed staffs at Fullness Reality Limited.
You guys will surely grow greatly. Barr. Omerenma Lina N
and Ngbemeni Ekene G, you are truly exceptional.
v
I will not do well to forget the contributions of Barr. Biodun

Adeyemi who tutored me in land transactions.
Special appreciations to all our clients who have in one way
or the other being role models.
Above all, I give thanks and glory to my Father in heaven who
keeps blessing me beyond my thoughts.
vi
FORWARD
Competence that comes from the field of action makes it apt

to reinforce the age long saying that 'experience is a better
teacher as against theories'.
Flowing from his concentration to the property business in

the few years of his foray into legal practice, Olufemi David A.
Esq in this book teaches with unassailable competence, the
rudiments and the climax of property business.
The author recognizes the fact that, in its present

configuration, the property business is not exclusively for
Legal Practitioners, hence an approach to simplify the
concepts to the minimum staple diet available to operators
in the field. This he takes as far as to starters who intend to
venture afresh into the business.
In simple presentation, the author baked into

commandments, the background information to unravel in
both prospective landlord and tenant. The commandments
go beyond the common sense details that people easily take
vii
fo r g ra n te d . Pe rh a p s i f o p e ra to r s h e e d t h e s e
commandments, our courts and other landlord/tenant
disputes settling frameworks would have their energy
devoted to more burning national issues.
A portion of the book is devoted to an expose on the Lagos

State Property Protection law of 2016. This is what
heightened the currency of the book especially with regards
to the effort of the government of Lagos state at curbing the
menace of the infamous 'Omo onile' It will be convenient for
anyone who has seen this book to put the omo oniles where
they rightly belong.
In conclusion, this book offers simple but profound insights

into property transaction, coming from no less qualified
Legal Practitioner than Olufemi David A. who since the time
of our schooling was able to cut a niche as electronic lawyer.
What you hold in your hand is a child of his commitment to
research and learning.
Happy reading!
viii
CONTENTS
Dedication------------------------------------------------- iii
Special Honour--------------------------------------------iv
Acknowledgment----------------------------------------- v
Forward---------------------------------------------------vii
Introduction------------------------------------------------1
CHAPTER ONE--------------------------------------------4
Commandments of real estate practice
CHAPTER TWO------------------------------------------12
Guides to landlords renting out apartment to new

tenants
CHAPTER THREE--------------------------------------20
Checklist of what tenants are to take note before paying
rent for a new apartment
ix
CHAPTER FOUR-----------------------------------------24
A-Z of property transactions and perfection of Title.
CHAPTER FIVE------------------------------------------33
Rights and obligations of tenants and landlords
CHAPTER SIX--------------------------------------------38
An analysis of the Lagos state properties protection law

2016
Notable Quotable quotes of real estate tycoons ---48
x
INTRODUCTION
With my detailed experience and observations in Real Estate

transactions as a Legal Practitioner in Nigeria, I have this
unquenchable thirst to come up with a book as this that
addresses the practical aspect of Property Transactions.
It is quite unfortunate when you see a property Owner
lament his regret on his own investment. Tenants who have
had cause to also regret occupying an apartment is not
strange in our community.
The book seeks to also guide Estate Agents, Property

Investors as well as Legal Practitioners as to the requisite
practical knowledge of property transactions.
The book is a six chapter series.
Chapter one: focuses on the commandments every Estate
Agents needs to know about property transactions.
Chapter Two: Gives all Landlords insights and what to watch

out for when letting their apartments to new tenants and
appointment of property managers.
Chapter Three: reveals to Tenants practical things they need
1
to do before renting any apartment.

Chapter Four: discusses how property sales transactions are
conducted to perfection of Title.
Chapter Five: enlightens tenants and Landlords of their
respective rights and obligations under the law.
Chapter Six: Analyses the provision of the Lagos state
properties protection law 2016.
Also contained in this same informative book is the Law that

prohibits forceful entry and illegal occupation of landed
properties, violent and fraudulent conducts in relation to
landed properties in Lagos state and for connected
purposes.
There is also a section for notable quotes of real Estate
Tycoons that may motivate us.
Stay educated and guided as you read on!!!
2
CHAPTER ONE
3
COMMANDMENTS OF REAL ESTATE

PRACTICE
This chapter is solely dedicated to estate agents, legal

practitioners, property brokers etc. Having heard
stories of laments from different estate agents in time
past as to the unprofitability of this unique profession, it
became imperative to give insights as to how estate
practice is to be professionally conducted to get
maximum earnings. These guides have been put down
by way of twelve (12) commandments.
FIRST COMMANDMENT:
Thou shall always act professionally in your
dealings/transactions.
As an estate agent, professionalism in its entire
ramifications should always be your watchword. When
you are scheduled for an inspection, it is important you
meet up with the scheduled timing for the inspection.
You need to dress smart and be articulate in your
expression as you may never be able to tell the class of
client you will be opportune to meet.
4
SECOND COMMANDMENT
Thou shall always give accurate and full description of the
property being advertised/marketed.
When you are advertising a property, kindly have
adequate information of the property. Information such
as size, title, location, use, type of building, price etc.
imperative for a sales transaction. Whereas in rent
transactions, type of apartment, use, rent, location,
amenities etc. are relevant.
THIRD COMMANDMENT
Thou shall obtain accurate information from the direct
agent if not your direct brief.
In the possibility that a property you are advertising
was not originally given to you by a client but you got the
brief from another agent, and you feel you could market
it as yours, kindly ensure you get accurate information
from the direct agent. This will save you the
embarrassment of being unable to answer questions
when posed at you. You need to also ensure the
availability of what you are marketing.
5
FORTH COMMANDMENT
Thou shall be entitled to a fee of ten (10%) per cent for
transactions lesser than one (1) million naira and five
(5%) per cent for transactions more than a million naira.
However, take note that five (5%) per cent of One (1)
million naira is not the same as five (5%) per cent of one
(1) Billion Naira. Hence, be wise!
The above is simply a rule of Professional conduct that
guides property transactions. However, it will be unwise
to reject a concluded transaction of
N50, 000,000,000.00 (Fifty billion naira) simply
because the client chose to pay 2.5% instead of 5%.
FIFTH COMMANDMENT
Thou shall endeavor to investigate the sincerity of a
request when you have a request so as not to put yourself
and other agents on a wide goose chase.
Many estate agents have had their hopes dashed
severally by “requests speculators”. As an agent, kindly
verify and ensure the sincerity of any request you
receive as this will save you the embarrassment of going
on a wild goose chase.
6
SIXTH COMMANDMENT
Thou shall always be truthful to other agents on your
chain. Honesty is the best policy!
Honesty they say is the best policy. It is good when you
adopt this as your business policy as the saying also
goes that what goes around also comes around. When
you make this principle of honesty as your policy, you
can be sure of the confidence that other estate
practitioners will have for you.
SEVENTH COMMANDMENT
Thou shall have pictures of the properties you are
advertising.
It is always an added advantage for you when you have
soft copies of the pictures you are advertising on your
phones, tabs, and computers. This saves the stress of
frequent inspections. Some clients will even request to
have pictures before any inspection.
EIGHTH COMMANDMENT
Thou shall have inspected a property before taking an
intending client for inspection.
7
I think this is clear enough. It is unwise when you take a

client on an inspection of a place you have not visited
yourself. It is simply unprofessionally. If you must reap
the reward that comes with agency, do your assignment
properly as a professional.
NINTH COMMANDMENT
Thou shall effectively co-ordinate an inspection
It is not strange to have multiple agents who are
connected directly or indirectly as per a transaction.
However, best practice ensures you coordinate an
inspection well enough so as not to create an avoidable
mess on location. It has been observed that most clients
detest seeing multiple agents on an inspection tour. It
surely breaks their confidence.
TENTH COMMANDMENT
Thou shall avoid unscheduled and emergency
inspections.
One thing I have come to dislike is unscheduled and
emergency inspections. Property transactions are not
conducted in haste except there is something fishing
8
somewhere. Be professional by taking adequate notice

before arranging an inspection.
ELEVENTH COMMANDMENT
Thou shall endeavor to let the client know that it is not
your direct brief.
If truly you are not opportune to be the direct agent with
respect to a transaction, it is safe to let the client know
early in time so as to save yourself from needless
embarrassment the other agents may occasion.
TWELVETH COMMANDMENT
Thou shall not accept payments on behalf of a property

owner if you are not the direct agent.
Only direct agents are expected to accept any payment
on behalf of their principals. The truth of this principle is
that if the deal should backfire, you will be able to have a
soft landing. Since you don't have authority from a direct
principal, it will amount to foul play if you accept
payment for a property. If discovered, it can dent your
professional image.
9
CHAPTER TWO
10
GUIDES TO LANDLORDS RENTING OUT

APARTMENT TO NEW TENANTS
To be called a landlord is appealing but not to get

maximum returns on your property investment is
appalling. Most landlords have at one time or the other
being made to feel regrets concerning their properties.
Some have had a fair share of the gory tale of renting out
apartments to 'untenantable' tenants. Some have even
vowed never to rent out their apartments again. To
some, build and sale is their new way of investing.
However, it is my believe that the checks put in place in
this chapter of this book will go a long way in minimizing
the loss such landlords may have on their investment.
As a landlord, it is expected that you adopt the principles
hereunder in selecting a tenant for your apartment:
RULE ONE
The Tenant's financial ability to pay future rents.
It is good and important that before you rent out your
apartment to a new tenant, ensure you can guarantee
the tenant's financial ability to pay further rents. From
experience, tenants do not always have difficulty in
11
paying the present rent as they can always source for

funds for that. However, the continuity of the payment is
what always poses a challenge to them.
RULE TWO
The Tenant's source of income.
Some classes of tenants always go for an apartment that
the totality of their annual salary cannot pay for. Hence,
landlords should take steps to verify the income of a
prospective tenant. Having a guaranteed source of
income is a better option for the landlord than accepting
to give an apartment to someone whose income is as
unstable as water.
RULE THREE
Person responsible for paying the present rent.
A brother who wants to rent an apartment for another
person, family member, friend occupying his home is
always willing and ready to pay the rent for that
occupant in another apartment just to ease the burden
on him. The implication is that he will desist from paying
future rents as soon as the fellow leaves his abode. It
12
days. This is as result of let downs of the past, hence

people hardly stand to guarantee anybody. It is
recommended however that you get your prospective
tenant to produce a reliable guarantor. The guarantor
must be identified and asked to sign an undertaking on
behalf of the prospective tenant. It is safe to only
guarantee who you know and can contact easily without
stress.
13
former landlord as his reason for vacating the landlord's

apartment, I am sure you will have a second thought on
the tenant. Truth is if it can happen to the previous
landlord, it can also happen to the present landlord.
Family expansion is a good reason for wanting to vacate
an apartment. This is when the tenant's family is
increasing. Finally, a tenant who was ejected due to that
fact that he could not afford to pay cannot be seen as a
tenantable client.
RULE SIX
Whether or not the tenant will keep an animal.{Dog,
Snake, Monkey…}
As a landlord who is also living in same premises with
prospective tenant, you need to know if the prospective
tenant is a pet keeper. It is general knowledge that
Muslims do not keep Dogs. Therefore, a Muslim
landlord should not rent out his apartment to a dog
keeper as this will most likely bring disagreements
between them. Likewise, it is unsafe for premises with
children to have dangerous animals as pets moving
around.
14
RULE SEVEN
Marital status.{Single, Married, Divorced, Separated, Gay,
Lesbian….}
Your knowledge of the true status of the prospective
tenant is mandatory. Some landlords have had a terrible
experience with singles that are in the habitual habit of
bringing in different men or women into the house, as
this also brings a not too good reputation for the house.
Being married is also not an exception as there are gory
experiences of couples who are unrepentant boxers.
couples who will not stop fight at the beginning until the
street community chairman intervenes. So, landlords
need to know with the information at their disposal
what the prospective tenant is capable of.
If intended tenant is married, it is cool to confirm the
spouse's occupation and income.
RULE EIGHT
The ability of the intending tenant to produce a reliable
guarantor.
There is an extinction of guarantors in Nigeria these
15
may at that time become a burden for the landlord to

retrieve his rent as such occupant may be jobless or his
job wouldn't be able to take care of the rent. Landlords
are advised to ask prospective tenant who is
responsible for the payment of rent. This will guide the
landlord decision making.
RULE FOUR
Number of intending Occupants of the apartment.
As a landlord having a mini-flat type of apartment, you
will only be over-laboring or over-using the amenities in
that apartment if the occupants are large. A Mini-flat is
suitable for 1-4 people. A two (2) bedroom is suitable
for 1-6 people. Etc. When you have an unreasonable
number of occupants in an apartment, get ready to
always do constant renovations. Hence, ask prospective
tenants, the number of intended occupants before
renting out same to them.
RULE FIVE
Reasons for vacating last apartment.
If a tenant tells you he had a quarrel or fight with his
16
CHAPTER THREE
17
CHECKLIST OF WHAT TENANTS ARE TO TAKE

NOTE BEFORE PAYING THE RENT FOR A NEW
APARTMENT!!!
A. Verify who the Landlord is: Ensure you know

who your would be Landlord is and whether or
not you would be occupying same premises with
him
B. Check for structural and latent defects: Take
your time to inspect the premises and at the same
time the apartment properly to ascertain the
presence of any defect that may deter you from
renting the apartment.
C. Ensure apartment is not over-priced or
under-priced: An over-priced apartment is a
loss to you and an under-priced apartment
may be a scam. Watch out!
D. Pay directly into the landlord's account or
anyone duly authorized to receive payment
on behalf of Landlord: Anyone authorized by
the landlord should produce such authority.
E. Pay repeated visitations to property for relevant
checks
18
F. Request for last utility bill such as PHCN, Water,

and Estate management etc. to see if there is any
debt on it. If there is, ensure there is an agreement
as to how it would be settled.
G. Ensure you are satisfied with road network
and neighboring tenants: The best time of the
year to confirm the suitability of the location of
the apartment is in the rainy season. Living with
horrific tenants could be a night mare. Watch
out!!!
H. Ask questions from neighboring tenants in
the house and on the street: Do not refrain from
asking questions if things seem to be shrouded in
controversy.
I. Pay via Bank cheque or bank deposit not
cash: It is safer and will be in the records if
payments are done via cheque, bank deposit
or transfer. Under no condition should you
make cash payment.
J. Request for tenancy agreement template to
know conditions attached: Before you pay, ask
for a template of the agreement you would be
required to sign after payment. If terms of the
19
agreement are onerous or impracticable to you,

simply walk away.
K. Request for receipt immediately after
payment: Do not forget to get your payment
receipt immediately. It is an offence for a landlord
to refuse to give receipts to a tenant for payment
of rent.
L. Start immediate occupation by moving in:
Having paid, take immediate possession by
packing in.
M. Sign and obtain your copy of the tenancy
agreement: Keep your copy of the agreement.
20
CHAPTER FOUR
21
A-Z OF PROPERTY TRANSACTIONS AND

PERFECTION OF TITLE.
REQUEST:
A prospective client in need of a property for purchase
initiates the beginning of a transaction by making a
request to a real estate practitioner. The real estate
practitioner who in turn by himself and or with the
contributions of other estate practitioners searches for
properties that matches with the request.
OFFER:
When a search for a property yields positive result, an
offer can be made for such property. Hence, an offer is an
undertaking by a party with the intention that it shall
become binding on the party making it as soon as it is
accepted by the party to whom it is addressed. Such
undertakings are mostly in writing.
ACCEPTANCE:
This is an unqualified expression of assent to the terms
of the offer letter.
22
COUNTER OFFER:
This is where there is a suggestion by way of
amendment to an offer letter. This usually comes with
the pricing.
CONSIDERATION:
This is the price to be paid with respect to the property.
INSPECTION:
The act of taking a prospective buyer to the site of a
landed property to see if the property meets the
prospective buyer's request.
AGENCY FEES:
The fee an Estate agent is to get for brokering a property
transaction. Usually 10% for transactions less than a
million and 5% for transactions more than a million.
LEGAL FEES
The fee a Legal practitioner is to get for the preparation
of legal documents with respect to a property
23
transaction. Usually 10% for transactions less than a

million and 5% for transactions more than a million.
OMO-ONILE: They are the various Land-owing families

of any state. They are people whose parents and fore-
fathers traditionally own lands by way of settlement. It
is expected that when land is bought from an individual
who is yet to perfect his own title, the buyer needs the
signing of the family to enable him register his Title to
the land.
CONSENT: The law is that every acquisition of any form

of interest in land needs the consent of the Governor of
the state since all lands are vested in the State. This is the
Title derived from the state governor having acquired
interest in a land already covered by a certificate of
Occupancy.
CERTIFICATE OF OCCUPANCY: Otherwise known as C

of O. This is issued by the state to an individual, family or
Organisation having interest in land and confirming
their ownership of same. A Certificate of Occupancy
once issued on a particular land cannot be issued on the
24
land again. The best obtainable is Consent of the

Governor.
EXCISION: When the Governor takes over large expanse
of lands from a community, family or individual and
decides to release part of same land for the benefit of
community, family or individual, such land is released
by way of Excision which is usually covered in the state
gazette.
ACQUISITION: A land under acquisition means that the

Government of the state has an interest on that land.
Such land if bought is usually at the owners risk.
Experiences in the past are to the effect that state
government may eventually sell those land to occupiers
at a price determined by the state.
COMMITTED LAND: A committed land is a 'no go area'

because the state has a higher degree of interest on that
land. Such land is usually left for monumental structural
projects by the state. Such land is usually for projects
that benefits the citizens. Anyone who buys a committed
land should know that he or she may not be able to use
that land.
25
FREE LAND: A land is tagged free if there is no state

interest on the land. An individual is free to buy with rest
of mind.
SURVEY: A survey is a chart of a land which shows the

size, owner, and location and whether the land is free or
not. It is usually signed by a registered Surveyor.
INVESTIGATION OF TITLE:
Before concluding a transaction, it is important to
investigate by way of confirming or searching out who
has the power to sell and if there is any defect by way of
Title. Searches can be conducted at the Lands Registry
of a state, At the Companies registry of the Corporate
Affairs Commission, at the Probate Registry, Court
Registry and by way of physical inspections.
SEARCH REPORT CONTENTS:

This includes but not limited to introduction to search
report, date of search, brief description of property
history, type of title, encumbrances, valuation,
conclusion.
26
COMPLETION STAGE:
This is the stage where the deed of assignment is
prepared and executed by both the assignor and
assignee. It is the stage that ends the offer stage. It is also
the stage where all outstanding balance of purchase
price is paid and title documents surrendered to the
new owner.
CHECKLIST OF ITEMS NEEDED UPON COMPLETION:

ü Five (5) copies of executed deed of assignments
with surveys attached.
ü All previous original title documents on the land
where the documents does not relate to other lands.
üThree (3) years tax clearance of the Vendor.
üDuly signed form 1c (Lagos state).
üApproved building plan if obtained.
üReceipt of payment of charting fees
ü Where a party is a corporate body, evidence of
PAYEE returns.
CHECKLIST OF DOCUMENTS NEEDED FOR

GOVERNORS CONSENT:
·Covering letter for application.
27
Five (5) copies of executed deed.

·
·Payment receipts for consent fee, capital gain tax,
Neighborhood improvement fee, Stamp duty fee,
Registration fee.
·Three (3) years tax clearance certificate for Assignor
and Assignee.
·Receipt of development levy.
·Photocopy of certified true copy of prior deeds.
28
CHAPTER FIVE
29
RIGHTS AND OBLIGATIONS OF TENANTS

AND LANDLORDS
There is a need to regulate the relationship between
landlords and tenants, hence the existence of several
legislation enacted to avoid absurd increment of rents
and wrongful eviction amongst other things.
RIGHTS OF TENANTS UNDER THE LAW:

§A tenant is empowered by law to be able to
maintain an action in trespass against his
landlord.
§A tenant is empowered by law to question his
landlord's authority to unreasonably and
arbitrarily increase his rent.
§A tenant is entitled to a quiet and peaceful
enjoyment of the apartment which includes his
right to privacy; and exclusive possession of the
premises subject to the landlord's restricted
right of inspection.
§A tenant who with the written consent of the
landlord effects improvements on the premises is
entitled to claim compensation for the effected
30
improvements.
§Tenants are entitled to the statutorily stipulated
periods of notice to quit before eviction.
§A tenant is entitled to demand and receive a rent
payment receipt from the Landlord or his agent.
TENANTS OBLIGATIONS UNDER THE LAW:

§A tenant shall permit the landlord and his agents to
view the condition of the premises and effect repairs
in necessary parts of the building during reasonable
hours.
§A tenant shall not refuse to pay rent simply because
the premises lack basic amenities. The options open
to the tenant is to either provide the amenity or look
for alternative accommodation.
§A tenant shall not make any alterations to the
premises without the written consent of the
landlord.
§A tenant shall not assign or sub-let any part of the
premises without the written consent of the
landlord.
§A tenant is obligated to paying the rent as agreed
31
with the Landlord.

§A tenant is bound to keep the premises in a good and
tenantable condition, reasonable wear and tear
excepted
THE LANDLORDS RIGHTS AND OBLIGATIONS:

·A landlord can maintain an action against his
tenant for forfeiture if there is any breach of
fundamental covenants in the tenancy
agreement.
·A landlord is obliged to ensure external repairs of
the property.
·The landlord is not empowered in any way to
seize any item or property of the tenant.
·The landlord is not empowered to disturb the
tenant's quiet and peaceable enjoyment of the
premises.
·The landlord shall pay all rates and charges as
stipulated by law, keep the premises insured
against loss or damage, not terminate or restrict
the use of a common facility or service for the use
32
of the premises.
·In Lagos, it is unlawful for a landlord to demand
rent in excess of one (1) year from a yearly sitting
tenant or six (6) month rent from a monthly
sitting tenant.
33
CHAPTER SIX
34
AN ANALYSIS OF THE LAGOS STATE PROPERTIES

PROTECTION LAW 2016.
Any Investor or property broker in the real estate sector,
especially a place like Lagos will definitely have a first
hand knowledge of the diverse risks associated with
land acquisition and development. The Notorious
menace of the 'omo-oniles', the repeated acts of
encroachment/trespass on another person's land;
unlawful sales, and the unending litigation with respect
to land are but to mention a few.
These discouraging acts for Investors have however

escaped the attention of the past governments. The
plights of investors have long been ignored by the
government that has been voted in to bring succor to the
disadvantaged.
Fortunately for the people of Lagos State, Governor

Akinwumi Ambode on the 15th of August, 2016, signed
into law, 'The Lagos State Properties Protection Law'
which aims to remedy the plights of property brokers
and Investors. The Law is aimed at prohibiting forceful
entry and illegal occupation of landed properties,
35
violent and fraudulent conducts in relation to landed

properties in Lagos state and for connected purposes.
The law was enacted to save investors from being
harassed, intimidated and exploited.
Section 1 is the interpretation section which defines

some key words and their meanings.
SECTION 2 & 3: VIOLENT AND FORCEFUL LAND

TAKEOVER
The usual trend of the use of violence, force, or self-help
in obtaining or maintaining title to landed property has
now become prohibited by virtue of section 2and 3 of the
Law. The effect of this section is that any person or
group who use force either from the commencement of
the Law, or who has used force to take over a landed
property in the State before the commencement of the
Law and is still in possession of the said property three
(3) months after the commencement of the Law is
deemed to commit an offence punishable by ten (10)
years imprisonment.
36
Likewise any person or group who without lawful

authority, uses or threatens violence for the purpose of
securing entry into any landed property for himself or
for any other person commits an offence punishable on
conviction to ten (10) years imprisonment and such
person's right to possession or occupation of the
property shall not constitute lawful authority for the
use or threat of violence by him or anyone acting on his
behalf for the purpose of securing entry into that
property and this shall be irrespective of whether or not
the violence is directed against the person or against the
property and the violence is intended to secure entry for
the purpose of acquiring possession of the property or
for any other purpose.
The sections also makes provision to the effect that any
person who makes forceful entry with firearms,
effective weapons or any obnoxious or chemical
materials or is in company of any person so armed or
wounds or uses violence on any person commits an
offence and is liable on conviction to four (4) years
imprisonment.
37
SECTION 4: ILLEGAL OCCUPATION OF PROPERTY

Section 4 makes provisions that a person who is
presently occupying a property as an encroacher and
refuses to vacate the property when being required to
do so by or on behalf of the owner of the property
commits an offence and shall on conviction be liable to a
fine not exceeding five million naira or five years
imprisonment or both.
This provision does not exempt anyone who is in

occupation of any property by virtue of a title derived
from someone who is an encroacher. Where an
encroacher has with him any firearms,
dangerous/offensive weapon(s) on the property, he
commits an offence and is liable on conviction to ten
(10) years imprisonment.
SECTION 6/10: ENFORCEMENT OF THE LAW

The law precludes any law enforcement agent, vigilante
group, ethnic, cultural/traditional militia from having
the right to execute the judgment of a Court in respect of
any landed property except as may be provided for
under the Sheriff and Civil Process Act or any other Law.
38
The Law prohibits all frivolous and unwarranted

petitions to the Law enforcement agency arising from
the provisions of the Law knowing such claims
contained in the petition to be false. The law requires
that a petition in respect of landed property shall be
accompanied by a sworn declaration on Oath by a
petitioner.
The Law made provisions by way of establishing a task

force to enforce the provisions of the Law.
SECTION 8: UNLAWFUL SALES

Anyone who offers for sale any property knowing that
he has no lawful title to the property or authority of the
owner to offer for sale commits an offence and is liable
on conviction to a fine of five hundred thousand naira
only (N500,000.00) or six months imprisonment or
both. Where he actually sells a property to which he has
no lawful title which has been previously sold by him or
his privies or without lawful authority of the owner,
commits an offence and is liable on conviction to a fine
not exceeding 100% of the value of the property or to
imprisonment for five (5) years or both, and the
39
property shall also revert to the lawful owner.
Anybody who sells or cause to be sold family land,

property or any part of it without the consent or
authority of the family head and other accredited
members of the family or government land, property or
any part of it without the consent or authority of the
state or sells or offer for sale any land that has been
previously sold without a court judgment repudiating
the earlier sale commits an offence and is liable on
conviction to twenty-one years imprisonment.
SECTION 9: PROFESSIONAL MISCONDUCT

Section 9 prohibits a professional (Agents, lawyers, etc)
from facilitating a contractual agreement between a
land owning family and any other person knowing that
such contractual agreement will contravene the
provisions of the Law or any other relevant Law.
Contravening same makes the person liable for the
offence of aiding and abetting the commission of such
offence.
Professionals who execute a judgment of court without
following due process of the Sheriff and Civil Process Act
40
or any other relevant Law commits an offence and if

found guilty under the provisions of the Law shall be
reported to the relevant professional body for
misconduct and necessary disciplinary actions.
SECTION 11: PROHIBITION OF DEMAND FOR FEE IN

REGARD TO CONSTRUCTION
The section prevents a person, whether for himself or

acting as an agent, from demanding for any fee or levy
whatsoever in respect of any construction activities on
any property, disrupt or obstruct construction works.
Contravention of this section makes the person or group
of person liable of an offence with a fine not exceeding
one million naira or two years imprisonment or both.
However, land owning families with the authorization of

the family head are permitted to demand for customary
fee for possession, i.e foundation levy from subsequent
buyers and also ratification fee pursuant to the
judgment of a court of competent jurisdiction.
CONCLUSION
41
Going by the analysis of the provisions of the Law, it is

evident that the law is a necessity for solutions to the
problems associated with land and property acquisition
and development in Lagos state. The law has tried
within the scope of its provisions to protect investors. It
is an average land investor's expectation that the
provisions of the law are effectively implemented to the
letters.
42
A LAW TO PROHIBIT FORCEFUL ENTRY AND

ILLEGAL OCCUPATION OF LANDED PROPERTIES,
VIOLENT AND FRAUDULENT CONDUCTS IN
RELATION TO LANDED PROPERTIES IN LAGOS
STATE AND FOR CONNECTED PURPOSES.
43
THE LAGOS STATE HOUSE OF ASSEMBLYenacts as

follows:
Section 1.
In this law unless the context otherwise requires:
“Agent” means person who acts or purports to act on
behalf of any party to a real property transaction,
whether in respect of a sale, lease, license, mortgage or
other dealings or disposal of, or relating to the property
including any person engage for the purpose of forceful
takeover or sale of a landed property.
“Assess” means right to enter or make use of any part of
any sites, buildings or property.
“Construction Activities” include roofing, repairs,
docking, fencing and other building works, restoration
or improvement on any property.
“Encroachment” means entry into another's property
without right or permission, trespass, violation,
instruction, and usurpation.
“Landed property” means a property, a parcel of land an
improvement on a land, building, any land ancillary to a
building, a site comprising of any building(s) with any
land ancillary to it.
44
“State” means Lagos state of Nigeria.
LAGOS STATE PROPERTIES PROTECTION LAW 2016

Section 2
1. As from the commencement of this law, a person
or group of persons shall not use force or self-
help to take over any landed property or engage
in any act inconsistent with the proprietary right
of the owner in the state.
2. A person who having used force to take over a
landed property in the state before the
commencement of this law and still remain in the
said property three (3) months after of the
commencement of the law commits an offence.
3. A person who commits an offence under the
provisions of subsection (1) and (2) above shall
on conviction be liable to ten (10) years
imprisonment.
Section 3
1. A person who, without lawful authority, uses or
threatens violence for the purpose of securing
45
entry into any landed property for himself or for

any other person commits an offence.
2. A person's right to possession or occupation of
any property shall not for the purpose of
subsection (1) of this section constitute lawful
authority for the use or threat of violence by him
or anyone acting on his behalf for the purpose of
securing entry into that property.
3. For the purpose of this section, an offence is
committed whether or not.
(a) the violence is directed against the person
or against the property, and
(b) the violence is intended to secure entry for
the purpose of acquiring possession of the
property or for any other purpose.
4. (a) A person who commits the offence of
forceful entry under the provision of this law
shall on conviction be liable to ten(10) years
imprisonment.
(b) Any person who-
(i) makes forceful entry with firearms,
offensive weapons or any obnoxious or
46
chemical materials.
(ii) is in company of any person so armed.
(iii) wounds or uses violence on any person
contrary to this section
Commits an offence and is liable on
conviction to four(4) years imprisonment.
Section 4
(1)A person who is occupying a property as an
encroacher and fails to live the property on
being required to do so by or on behalf of the
owner of the property commits an offence.
(2)A reference in this law to property include a
reference to an access to the property
whether or not any such access itself
constitute property, within the meaning of
this law.
(3) Anyone who enters or is in occupation
of any property by virtue of any.
(a) Title derived from an encroacher
(b) L i c e n s e o r r i gh t g ive n by a n
encroacher shall himself be treated as an
encroacher for the purpose of this law and
47
reference in this law to a person entering,

being on or occupying any property as an
encroacher shall be construed as such.
(4) Anyone who is on any property as an
encroacher shall not cease to be an
encroacher by virtue of being allowed time
to leave the property.
(5) A person who commits an offence
under the provision of this section shall on
conviction be reliable to a fine not exceeding
five million naira (N5,000,000.00) or to five
(5) years imprisonment or both.
Section 5
From the commencement of this law a person shall
not cause to be placed on any land or landed
property, any land agent(s) for the purpose(s) of
forceful takeover of the said land.
Section 6
No law enforcement Agent, Vigilante group, ethnic,
cultural/traditional facilities shall execute the
judgment of the court in respect of any landed
48
property except as may be provided for under the

sheriff and civil process act or any other law.
Section 7
A person who is on any property as an encroacher,
and having with him on the property any firearm,
dangerous/offensive weapon(s) commits an offence
and is liable to conviction to ten(10) years
imprisonment.
Section 8
(1) Any person who-
(a) Offers for sale any property knowing that he has
no lawful title to the property or authority of the
owner to offer for sale commits an offence and is
liable on conviction to pay a fine of five hundred
thousand naira (N500,000.00) OR SIX(6)
(b) Sells a property knowing he has no
lawful title to the property or that the property has
been previously sold by him or his privies and
( C) Without lawful authority of the owner sells the
property untrusted to him Commits an offence and
is liable to conviction to a fine not exceeding 100%
49
of the value of the property or to imprisonment of

five(5) years or both, and the property shall revert
to the lawful owner.
(2) A person shall not sell or cause to be sold-
(a) A family land, property or any part of it without the
comment or authority of the family Head and other
accredited members of the family.
(b) Government land, property or any part of it without
the comment or authority of the state.
(3) A person or a group of persons shall not sell or offer
for sell any land that has been previously sold
without a court judgment repudiating the earlier
sale.
(4) A person or group of persons that contravenes the
provision of subsection (2) and (3) above commits
an offence and is liable on conviction to twenty-
one(21) years imprisonment.
Section 9
A professional-
(1) Shall not in conduct of his professional duties
facilitates a contractual agreement between a land
owning family or any other person knowing that
50
such contractual agreement will contravene the

provision of this law or any other law.
(2) Who execute a judgment of the court without
following due process as provided for in the sheriff
and civil process Act or any other law commits an
offence.
(3) Who contravenes the provision of subsection (1)
above commits the offence of aborting the
commission of such offence.
(4) Found guilty under the provision of this law shall be
reported to the relevant professional body for
misconduct necessary actions.
Section 10
(1) A person(s) shall not write frivolous and
unwarranted petitions to any law enforcement
agency knowing such claims contained in the
petition to be false.
(2) A petition in respect to the landed property shall be
accompanied by a sworn declaration by a
petitioner.
Section 11
(1) A person shall not, whether for himself or acting as
51
agent demand for any fee or levy in respect of

construction activities on any property, disrupt or
obstruct construction works provided that the
provision of this section shall not be interpreted
preclude land owning families under the
authorization of the family head to demand for the
customary fee for possession (in the name of
foundation levy) from buyers, or ratification fee
pursuant to judgment of a court of competent
jurisdiction.
(2) Any person who contravenes the provision of
subsection (1) above commits an offence and shall
on conviction be liable to a fine not exceeding one
million naira (N1,000,000.00) or two (2)yrs
Section 12
There is established a Task force unit in the State
which shall be responsible for the enforcement of
the provision of this law.
Section 13
The power to arrest under this law shall be vested
in the tasks force unit established under this law,
and any order law enforcement unit/Agency in the
52
state.
Section 14
The special offence court or any other court shall
have jurisdiction to try any person for any offence
specified in this law.
Section 15
This law may be sited as the Lagos State Property
Protection law and shall come into force on the
th
15 day of August, 2016.
53
NOTABLE QUOTABLE QUOTES OF REAL ESTATE

TYCOONS
54
“Don't wait to buy land, rather buy and wait. The profit
returns will come” Olufemi David A.
“Well real estate is always good, as far as I'm concerned”.

Donald Trump
“Today the strategies of many companies in the real

estate industry are premised on low interest rates, an
assumption that has resulted in the rapid expansion of
the real estate securitization business. This trend could
be regarded as a risk factor, as it exposes the real estate
sector to at least three potential problems: first, interest
rate hikes; second, revisions to securitization business
accounting standards; and third, overheating in the real
estate market.” – Akira Mori.
“To me, I love real estate because you can feel it”. Donald
Trump.
“To be successful in Real Estate, you must always and

consistently put your client's best interests first. When
you do, your personal needs will be realized beyond
your greatest expectations.” Anthony Hitt.
55
“The question is not do you take money out of stocks and

put it into real estate, or the reverse. There's so much
money out there looking for a home. I don't think it's
either/or.” – Sam Zell
“The problem with Real Estate is that it's local. You have
to understand the local market”. Robert Kiyosaki.
“Real estate sales was perfect training for the

experience to go into public life because you learn to
accept rejection, learn to meet new people, learn to
work with people and find common ground. That's the
way you sell houses….that's also the way you win over
constituency”. Johnny Isakson.
“Real Estate investing, even on a very small scale,

remains a tried and true means of building an
individual's cash flow and wealth”. Robert Kiyosaki
“Real estate cannot be lost or stolen, nor can it be carried
away. Purchased with common sense, paid for in full,
and managed with reasonable care, it is about the safest
investment in the world.” – Franklin D. Roosevelt.
56
“People recognize intellectual property the same way

they recognize real estate. People understand what
property is. But it is a new kind of property, and so the
understanding uses new control surfaces. It uses a new
way of defining the property”. Micheal Nesmith,
“Owning a home is a keystone of wealth..both financial

affluence and emotional security” – SuzeOrman.
“Now, one thing I tell everyone is learn about Real

Estate. Repeat after me: Real Estate provides the highest
returns, the greatest values and the least risk”. Anthony
Williams.
“My father was a successful Real Estate developer, and

he was a very tough man but a good man. My father
would always praise me. He always thought I was the
smartest person.” Donald Trump.
“It's tangible, it's solid, it's beautiful, from my

standpoint, and I just love Real Estate”. Donald Trump
“I view Real Estate as the most intriguing opportunity
57
that I have seen in my business lifetime.” Richard

Rainwater.
“I made a tremendous amount of money on real estate.

I'll take real estate rather than go to Wall Street and get
2.8 percent. Forget about it.” – Ivana Trump.
“I don't think acting is addictive. If I stopped acting

tomorrow, I really wouldn't care. If you told me that I
would have to sell real estate in New York Citys to look
after my family that would be fine with me”. Alec
Baldwin.
“I always felt very secure and very safe with real estate.
Real estate always appreciates.” – Ivana Trump.
“Home staging is no longer optional in this real estate

market, it is a must!” – Barbara Corcoran.
“Everyone says buying your first apartment makes you

feel like an adult. What no one mentions is that selling it
turns you right back into a child.” – Anderson Cooper.
58

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PRACTICAL GUIDES

OLUFEMI DAVID ALAPA

© February, 2017 by Olufemi David A.

All rights reserved. No part of this publication may be

This text is intended as a guide to Real Estate practices

To the Almighty God, the Supreme owner (Baba -Onile) of

This book is written in honour of Godwin Joseph

To be able to come out with this, I owe a whole lot of gratitude

I will not do well to forget the contributions of Barr. Biodun

Competence that comes from the field of action makes it apt

Flowing from his concentration to the property business in

The author recognizes the fact that, in its present

In simple presentation, the author baked into

A portion of the book is devoted to an expose on the Lagos

In conclusion, this book offers simple but profound insights

Commandments of real estate practice

Guides to landlords renting out apartment to new

Rights and obligations of tenants and landlords

An analysis of the Lagos state properties protection law

Notable Quotable quotes of real estate tycoons ---48

With my detailed experience and observations in Real Estate

The book seeks to also guide Estate Agents, Property

Chapter Two: Gives all Landlords insights and what to watch

to do before renting any apartment.

Also contained in this same informative book is the Law that

COMMANDMENTS OF REAL ESTATE

This chapter is solely dedicated to estate agents, legal

I think this is clear enough. It is unwise when you take a

somewhere. Be professional by taking adequate notice

Thou shall not accept payments on behalf of a property

GUIDES TO LANDLORDS RENTING OUT

To be called a landlord is appealing but not to get

paying the present rent as they can always source for

days. This is as result of let downs of the past, hence

former landlord as his reason for vacating the landlord's

may at that time become a burden for the landlord to

CHECKLIST OF WHAT TENANTS ARE TO TAKE

A. Verify who the Landlord is: Ensure you know

F. Request for last utility bill such as PHCN, Water,

agreement are onerous or impracticable to you,

A-Z OF PROPERTY TRANSACTIONS AND

transaction. Usually 10% for transactions less than a

OMO-ONILE: They are the various Land-owing families

CONSENT: The law is that every acquisition of any form

CERTIFICATE OF OCCUPANCY: Otherwise known as C

land again. The best obtainable is Consent of the

ACQUISITION: A land under acquisition means that the

COMMITTED LAND: A committed land is a 'no go area'

FREE LAND: A land is tagged free if there is no state

SURVEY: A survey is a chart of a land which shows the

SEARCH REPORT CONTENTS:

CHECKLIST OF ITEMS NEEDED UPON COMPLETION:

CHECKLIST OF DOCUMENTS NEEDED FOR

Five (5) copies of executed deed.

RIGHTS AND OBLIGATIONS OF TENANTS

RIGHTS OF TENANTS UNDER THE LAW:

TENANTS OBLIGATIONS UNDER THE LAW:

with the Landlord.

THE LANDLORDS RIGHTS AND OBLIGATIONS:

AN ANALYSIS OF THE LAGOS STATE PROPERTIES

These discouraging acts for Investors have however

Fortunately for the people of Lagos State, Governor

violent and fraudulent conducts in relation to landed