For diaspora Nigerians, owning family property back home is a source of pride and connection. Yet, being physically distant can leave those assets vulnerable to fraud, encroachment, or unauthorized sales. Whether it’s ancestral farmland, a residential house in Lagos, or a commercial plot in Abuja, you need proactive strategies to safeguard these properties. This article outlines practical steps—legal, administrative, and community-based—to help you protect your family property in Nigeria while living abroad.

1. Ensure Proper Documentation & Title Verification

Obtain Certified True Copies of All Title Documents

• Collect Originals (if possible): Land Title Documents—Certificate of Occupancy (C of O) or Deed of Conveyance—should be in a secure location (e.g., safe deposit box).
• Certified True Copies: Instruct a trusted lawyer to obtain certified true copies from the State Land Registry. These include:

1. Certificate of Occupancy
2. Deed of Assignment (if previously sold/transferred): Shows chain of ownership.
3. Governor’s Consent (for any past transfers): Confirms that all prior sales were legally approved.

1. Verify Chain of Ownership

• Title Search: Have your lawyer conduct a thorough title search to:

1. Confirm no outstanding mortgages, liens, or caveats.
2. Ensure there are no unresolved disputes or suits against the property.
3. Identify any gaps or anomalies in the chain of assignments (e.g., missing signatures, no evidence of consent).

• Addressing Discrepancies: If any missing documents or gaps appear, your lawyer can:
• Apply for certified copies of missing title deeds at the Land Registry.
• Obtain affidavits from previous owners (Next-of-Kin) confirming the chain of inheritance or sale.

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2. Conduct Regular Surveys & Physical Inspections �
   2. Hire a Certified Land Surveyor

• Survey Frequency: At least once a year (or whenever you suspect activity).
• Survey Objectives:

1. Confirm that boundary pillars are intact and have not been moved.
2. Check that no neighboring property has encroached on your parcel.
3. Compare physical landmarks to the official survey plan lodged at the Lands Registry.

1. Engage a Trusted Lawyer to Manage the Property. Contact: 08068154338 (Whatsapp)

• Role: A responsible on-ground representative who can:
• Periodically visit the property.
• Document any suspicious activity (e.g., new structures, fences intruding on your land).
• Report directly to you.

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3. Use a Trusted Power of Attorney (POA) Effectively
   3. Draft a Specific Power of Attorney

• Scope of Authority:

1. Inspect property on your behalf.
2. Pay property taxes, service charges, or levies.
3. Initiate legal action if fraud or encroachment is detected.
4. Renew existing title documents (e.g., renew C of O if nearing expiry).
   • Limitations:

• Do not grant authority to sell or transfer the property unless explicitly intended.
• Specify a clear expiry date or event (e.g., “This POA shall remain valid until revoked in writing by the principal”).

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4. Monitor Through Community Engagement

1. Build Goodwill with Neighbors & Community Leaders

• Why It Helps:
• Neighbors are often the first to notice unauthorized activities—encroachment, unapproved construction.
• Community leaders (chiefs, village heads) can intervene in boundary disputes before they escalate into court cases.

• Practical Steps:
• Encourage your Lawyer or family member to periodically host or attend community gatherings.
• Make your presence known: a copy of your POA and a letter of introduction can signal to neighbors that you take the property seriously.

1. Register a Caution Notice

• What It Is: A “Caution” lodged at the Lands Registry that warns potential buyers or encroachers that someone else has an interest in the property.
• How to Lodge:

1. Instruct your lawyer to file a Caution against the property at the State Land Registry (usually a small fee).
2. This prevents anyone from registering a transfer without first addressing the caution.

• Effect: Acts as an early warning system; any prospective buyer or creditor will see the caution and be alerted to your continued interest in the land.

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5. Implement Security & Insurance Measures

1. Physical Security Enhancements

• Perimeter Fencing:
• Engage a contractor to erect a durable fence or boundary wall.
• Mark clear boundary pillars (concrete or metal) at each corner.

• Security Guards:
• Hire a reputable security company or local watchmen.
• Ensure they provide daily or weekly activity logs (photos, reports).

1. Property Insurance

• What to Insure Against:
• Fire, theft, vandalism (for buildings/structures).
• Liability insurance (e.g., if someone is injured on your property).
• How to Obtain:

1. Approach Nigerian insurance companies with good reputations (e.g., AIICO, AXA Mansard).
2. Provide proof of title and survey plan.
3. Pay annual premiums to keep the policy in force.

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6. Legal Remedies Against Fraud or Encroachment

1. Pre-Emptive Measures

• Affidavit of Ownership:
  • Your lawyer can prepare an “Affidavit of Ownership” sworn before a High Court.
  • This document publicly declares that you (or your family) own the property.
  • It can serve as evidence if a dispute arises.
  • Family Settlement Agreement:
  • If land is ancestral, create a formal agreement among all beneficiaries or family members, stipulating how decisions (including sales) will be made.
• Register this agreement at the Lands Registry; it prevents rogue family members from alienating property without unanimous consent.

1. Taking Action When Fraud/Encroachment Occurs
2. Issue a “Letter of Demand”

• Through your lawyer, send a formal demand to the encroacher or fraudulent agent, requesting immediate cessation of encroachment or transfer.
• Include a deadline (e.g., 14 days) for them to withdraw any structures or desist from further intrusion.

2. Injunctions & Court Suits

• Interlocutory Injunction: Seek an immediate court order restraining the encroacher from further actions.
• Perpetual Injunction & Damages: File a substantive suit for trespass; ask the court to permanently restrain the encroacher and award you damages for any losses.
• Tracing & Recovery of Proceeds: If a rogue agent fraudulently sold your property, a suit can be filed to trace the proceeds and recover them or the property itself.

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7. Maintain Ongoing Communication & Review
8. Quarterly or Biannual Check-Ins

• Your lawyer should send you an update every 3–6 months:
• Copies of receipts (tax, insurance, security guard wages).
• Any notices from local government (e.g., tax, utility bills).

2. Renew or Update Documents

• C of O Renewal: If nearing expiry (usually 99 years from grant), ensure the title is renewed.
• Tax Clearance: Stay up-to-date with property tax to avoid government sales for arrears.
• Power of Attorney Renewal: If the existing POA is expiring, prepare and register a new one to avoid gaps in representation.

3. Digital Record-Keeping

• Maintain scanned copies of all documents (Title deeds, POA, receipts) in secure cloud storage.
• Consider a secure shared folder (Google Drive, Dropbox) accessible by both you and your lawyer.

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Protecting your Family property in Nigeria while living abroad requires a combination of legal safeguards, trusted local representation, and ongoing monitoring. To recap:

1. Verify & Secure Title Documents: Obtain certified copies, confirm chain of ownership, and lodge a Caution Notice.
2. Conduct Regular Surveys & Inspections: Hire a certified surveyor and engage a reliable local agent.
3. Use a Specific Power of Attorney: Limit the scope to inspection, tax payment, and legal remedies—never grant sale authority unless intended.
4. Engage Community & Insurance: Build goodwill with neighbours, register a caution, and insure the property.
5. Be Prepared to Enforce Your Rights: Issue demand letters, utilize community arbitration, and pursue injunctions or court action if necessary.
6. Maintain Constant Communication: Quarterly updates from your lawyer, renew documents promptly, and keep digital backups.

If you have concerns about fraud or encroachment on your family property—whether it’s farmland in Enugu or a house in Victoria Island, reach out to Olamide Oyetayo & Co. Our team specializes in representing diaspora Nigerians, offering comprehensive monitoring services, swift legal intervention, and empathetic guidance to ensure your property remains secure and in your family’s name.

 

Contact us: 08068154338 (Whatsapp)