Legally Established Ways of Protecting Your Undeveloped Land from Trespassers

Erhomosele Happy_ The Ace Lawyer.

Recall that in an earlier post, I talked about the need for people to take proactive steps to protect their undeveloped lands and the implications of failing to do so. This is a follow up post aimed at equipping you with those steps.

The steps or measures are not far-fetched. They are in fact simple, practical and supported by law. They are the product of my research and experience in dealing with land cases, many of which would not have been if the clients knew and implemented these steps.

Although this post contains 5 prominent measures, there are others. Let’s get down to them then.

1.     Build a Fence around Your Land

In my experience, majority of the cases on trespass involve lands without fences. Trespassers are in the habit of encroaching on lands without fences built around them. When a land does not have a fence marking out its boundary, it is an open invitation to trespassers.

Many people just assume that erecting a fence around their land is not necessary. Many others feel they should but are often discouraged when they calculate the money they would spend.

People really should build fences around their land to protect it and should not allow the money involved to scare them out of doing so. It is better to spend whatever it takes to fence a land because maintaining an action in trespass will cost more than three times more.

In order to avoid thinking too much about the money, it would be better to plan for this even before purchasing the land. One could do a budget for acquisition and fencing of the land before purchase.

For those who own land through means other than acquisition such as inheritance, budgeting for both acquisition and fencing cannot apply to them. Notwithstanding, the need to fence should not be dispensed with even if it means saving towards it.

“It is better to spend whatever it takes to fence a land because maintaining an action in trespass will cost more than three times more.”

It is important to note that, it is really not necessary to make the fence very high. A couple of inches from the ground will suffice. Moreover, apart from blocks and bricks, other materials could be used in order to reduce cost.

It is not uncommon for people to use wood, barbed wires, or iron rods to fence their lands. In many villages in Northern Nigeria people fence their lands with cactus plant because the climate is favourable.

At any rate, the most important thing is that there is a structure around the land to remind people that such lands are off limits and should not be interfered with.

This method is very effective. People rarely encroach on land with fences around them. It will take a real troublemaker to see a fenced land and still encroach on it.

2.     Title Documents

If at all you have land, you ought to have title documents. However, before I talk more on this point, there’s something important I would like you to know.

Ever since the Nigerian Land Use Act of 1978 came into force, people can no longer own land in the strict sense of ownership because the Act vested ownership of all lands in a state in the Governor of the state.

In order words, the Act is said to have substituted freehold interest in land with leasehold interest. The meaning of this is that people can only hold land for a period of 99 years. 

“You must have title documents. They are the best proof you’ve got. You can barely defend your land without them.”

This limited time frame envisages a lease relationship between the Governor of a state who is the head lessor and an individual who does not own land in the state but holds land under a right granted by the governor of the State.

Thus, you may have heard about Right of Occupancy (R of O) and Certificate of Occupancy (C of O). Well, this is what it means. That land you think you own, you don’t really own it. It is owned by the Governor of the State where the land is located. You have only been granted a right to use it for a period of 99 years. When that time expires, you have to apply to the Governor of the State to grant you another term.

Back to my point, since you do not own land, you must apply to get an R of O which is evidence that you have bona fide right to that land for 99 years. If your application is successful, you get a C of O.

Because you now have legal rights to the land by virtue of your R of O and the C of O, you can set the law in motion against any person who tries to use the land without your permission. This is why you have to get these documents to protect your land. The documents show you have rights over the land.

Hence, if you have purchased land anywhere in Nigeria, insist on a Deed of Assignment if the owner has an R of O and has obtained a C of O. The Deed of Assignment is your title document. It is evidence that the person has transferred his right to the land as granted by the Governor to you.

What if you’re purchasing the land from a customary holder? This presents another dimension since a customary holder does not have an R of O or a C of O. 

Instead of a C of O, there is what is called Sale Agreement. Insist on a Sale Agreement which is evidence that the customary holder has transferred his interest to you. The Sale Agreement is your title document.

After you purchase land from a customary holder, I implore you to apply for an R of O as soon as possible. You will definitely spend some money to get it so it is advisable you prepare for it as you prepare to purchase the land.

Finally on this point, there are certain persons who are not under obligation to get R of O and C of O. This category of persons hold lands under customary law which is largely by inheritance. Title documents will not be necessary for such persons to protect their land because they have none.

However, they can adopt other land protection strategies such as fencing which I have already talked about, and farming which I will now talk about.

3.     Farming on the land

This strategy is pretty straight forward so I won’t say much about it as I did in the previous two.

It entails cultivating crops on the land or even rearing animals on the land. Planting of trees and shrubs are also not exempted.

Farming on one’s land conveys the same message as fencing. It tells people that the land is owned and occupied by someone. People don’t often see a land being cultivated and encroach upon it.

Rather than leaving one’s land bare, it is better to establish some form of possession and this is what farming does. It helps an owner of land who cannot immediately develop the land to continue to be in possession. Recall that possession is nine parts of the law out of ten and a person in possession of land is presumed to be the owner of land.

“People don’t often see a land being cultivated and encroach upon it.”

There is such a thing in law called constructive possession. It means not occupying a property by oneself but through another person such as a tenant. Now, for the sake of people who cannot farm or who do not have time to farm, my advice is that they grant consent to someone (could be a villager in the area) to use the land for farming.

If someone farms your land with your consent, it means that in the eyes of law you are in constructive possession. It might be necessary to have a written agreement with such person before consent is given.

4.     Good relationship with Neighbours

It is important that you make friends with people who own land close to yours especially those who own residential houses in that neighbourhood. The reason is because, such people will be able to help you keep an eye on your land especially if you stay very far away like in another state or country.

“Neighbours can help you protect your land when you’re not around only if you’re friendly with them”

When you are friends with your neighbours, you can trust that they will have your best interest at heart. Apart from informing you when someone is about to encroach on your land, they can even fight such person pending your arrival.

So, if you are not in good terms with your neighbours, now is the best time to be.

5.     Not- For- Sale Signboard

You probably must have seen something like this before. It usually reads: “This Land is Not for Sale. Please Keep Off.” You could use this to protect your land also. However, in most cases, properties with such signs usually have fences around them. Their owners usually also have title documents.

Noticed something about the measures above? They can actually be combined. In fact, they should. A land owner could fence, cultivate, have title documents, put up a signboard to ward off trespassers, and still be friendly to his neighbours.

I must quickly point out that these measures are not conclusive but precautionary. They are intended to serve as warning to reasonable people that particular lands should not be interfered with.  

“There’s something peculiar about these measures. They can actually be combined”

Hence, heeding them will not guarantee that all trespassers will stay away from your land because not all trespassers are reasonable. Some are real troublemakers who should be treated as criminals under criminal trespass.