11 Ways to Avoid Real Estate Disputes in Nigeria

Real estate disputes refer to any disagreements, conflicts, or legal issues that arise between parties involved in the ownership, sale, lease, or use of the real property. Real estate disputes can arise between individuals, businesses, government entities, or any combination of these parties. The types of real estate disputes can vary widely and may involve issues related to ownership, title, boundaries, zoning, environmental regulations, contracts, and financing.

Some of the most common real estate disputes include

• Title disputes: These occur when there are competing claims to ownership of a property. This can arise due to errors in deeds, unclear boundaries, or fraudulent activities.
• Boundary disputes: These occur when the boundaries of a property are in dispute. This can arise when neighbours have different understandings of where their property ends and their neighbour’s property begins.
• Contract disputes: These occur when there are disagreements over the terms of a real estate contract. This can arise when one party fails to meet their obligations or when there are disputes over the interpretation of contract terms.
• Zoning disputes: These occur when there are disagreements over how a property can be used. This can arise when a property owner wants to use their property in a way that is not permitted by local zoning laws.
• Environmental disputes: These occur when there are environmental concerns related to a property. This can arise when there are hazardous materials on a property or when there are concerns about the impact of a property on the environment.
• Financing disputes: These occur when there are disputes related to the financing of a real estate transaction. This can arise when a borrower defaults on a loan or when there are disagreements over the terms of a loan.

Ways to Avoid Real Estate Disputes in Nigeria

Real estate disputes in Nigeria are a common occurrence, and they often lead to legal battles that can last for years. These disputes can be a result of a lack of proper documentation, unclear ownership, or fraudulent practices. However, there are steps that can be taken to avoid real estate disputes in Nigeria.

How can you avoid this problem that could linger for years and exhaust you?

Conduct a thorough due diligence

Before purchasing or acquiring any property, it is essential to conduct thorough due diligence. This includes verifying the property’s ownership, title, and legal status. It is also important to check if there are any encumbrances, such as mortgages or liens, on the property. A due diligence report will provide all the necessary information about the property, which can help avoid disputes in the future.

Hire a reputable lawyer

A reputable lawyer can help with the due diligence process and ensure that all legal requirements are met. They can also advise on the appropriate steps to take to avoid real estate disputes. It is important to hire a lawyer who is knowledgeable about property laws in Nigeria and has a track record of handling property transactions.

Obtain proper documentation

Proper documentation is crucial in avoiding real estate disputes. The necessary documents include a title deed, land registry records, survey plans, and building plans. These documents should be verified by a lawyer to ensure that they are valid and up to date. It is also essential to keep copies of all the documents for future reference.

Ensure clear ownership

Clear ownership is crucial in avoiding real estate disputes. It is important to ensure that the property being purchased or acquired is owned by the seller and that they have the legal right to sell it. This can be verified by conducting a search at the land registry to confirm the ownership of the property.

Avoid fraudulent practices

Fraudulent practices, such as forgery, impersonation, and illegal sale of government land, are common in Nigeria. It is important to be cautious and vigilant when purchasing or acquiring property to avoid falling victim to fraudsters. One way to avoid fraud is to deal only with reputable real estate agents and lawyers.

Settle disputes amicably

In the event of a real estate dispute, it is advisable to settle it amicably, rather than resorting to legal action. This can be done through mediation or arbitration, which is a quicker and less expensive way of resolving disputes. However, it is important to involve a lawyer to ensure that the settlement is legally binding.

Be aware of zoning regulations

It is important to be aware of zoning regulations in the area where the property is located. Zoning regulations determine the type of buildings that can be constructed in a particular area. Failure to comply with zoning regulations can lead to disputes with the government or neighbouring property owners.

Get a land survey

A land survey is essential in determining the exact boundaries of a property. This can help avoid disputes with neighbouring property owners over encroachment or trespassing. It is important to ensure that the survey is conducted by a licensed surveyor and that the survey report is accurate and up-to-date.

Understand community land ownership

In some parts of Nigeria, community land ownership is common. In such cases, it is important to understand the community’s land ownership structure and to obtain permission from the appropriate community authorities before purchasing or acquiring any property. Failure to do so can lead to disputes with the community and legal challenges.

Consider title insurance

Title insurance is a type of insurance that protects the buyer against losses due to defects in the property title. It is advisable to consider title insurance when purchasing or acquiring property in Nigeria. Title insurance can help protect against unexpected legal challenges or disputes arising from defects in the property title.

Update property documentation

After acquiring a property, it is important to update the property documentation, such as the title deed and land registry records, to reflect the new ownership. Failure to update the documentation can lead to disputes with the previous owners or their heirs, who may still claim ownership of the property.

Steps You Can Take to Resolve Real Estate Disputes

Real estate transactions are complex and involve many legal aspects that can cause disputes between parties involved. Real estate disputes can arise at any stage of a transaction and can have serious financial and legal implications if not resolved timely.

Consult an Attorney

The first and most important step to take when faced with a real estate dispute is to consult an attorney. A real estate attorney will have the knowledge and experience to help you understand your legal rights and obligations. They can also advise you on the best course of action to take to resolve the dispute. Your attorney can represent you in negotiations or court proceedings, depending on the severity of the dispute.

Gather Evidence

Gathering evidence is essential in any real estate dispute. You should document everything related to the dispute, including emails, letters, contracts, and any other relevant documents. If there were any verbal agreements, make a note of what was said and when. You should also take pictures or videos of any relevant properties or assets involved in the dispute. All of this evidence can help support your case and improve your chances of a favourable outcome.

Try to Negotiate

In many cases, real estate disputes can be resolved through negotiation. This involves the parties involved in the dispute working together to find a mutually acceptable solution. Negotiation can save time, money, and stress compared to going through court proceedings. Your attorney can assist you in negotiations and help you reach a fair settlement.

Mediation

If negotiation fails, you may want to consider mediation. Mediation involves a neutral third party, usually a mediator, who will facilitate negotiations between the parties involved in the dispute. The mediator does not make decisions but instead helps the parties reach a mutually acceptable agreement. Mediation is often less expensive and less time-consuming than going to court, and it allows the parties to maintain control over the outcome.

Arbitration

Arbitration is a more formal process than mediation, but still less expensive and time-consuming than going to court. In arbitration, the parties present their case to a neutral arbitrator who will make a binding decision. The decision is final, and the parties must abide by it. However, unlike a court proceeding, arbitration is usually private and not open to the public.

Court Proceedings

If all other methods fail, you may need to consider going to court. Court proceedings are more formal and usually more expensive than other methods of resolving disputes. However, they can also provide a more definitive resolution to the dispute. Your attorney can represent you in court and present your case to a judge or jury.

Real estate disputes can be complex and stressful. However, by following these steps, you can increase your chances of resolving the dispute in a favourable manner. In any case, it is important to act quickly and decisively when facing a real estate dispute to protect your rights and interests.

In conclusion

Real estate disputes can be complex and costly to resolve. Parties involved in real estate disputes may need to hire attorneys, appraisers, and other experts to assist them in resolving the dispute.

Real estate disputes can arise due to a wide range of issues related to the ownership, sale, lease, or use of the real property. It is important for parties involved in real estate transactions to understand their rights and responsibilities and to seek legal advice when disputes arise to ensure a fair and timely resolution.

FAQs

What are the most common real estate disputes?

The most common real estate disputes include title disputes, boundary disputes, contract disputes, zoning disputes, environmental disputes, and financing disputes.

What is a title dispute in real estate?

A title dispute occurs when there is a dispute over ownership of a property. This can arise due to errors in deeds, unclear boundaries, or fraudulent activities.

What is a boundary dispute in real estate?

A boundary dispute occurs when there is a disagreement over the boundaries of a property. This can arise when neighbours have different understandings of where their property ends and their neighbour’s property begins.

What is a contract dispute in real estate?

A contract dispute occurs when there are disagreements over the terms of a real estate contract. This can arise when one party fails to meet their obligations or when there are disputes over the interpretation of contract terms.

What is a zoning dispute in real estate?

A zoning dispute occurs when there are disagreements over how a property can be used. This can arise when a property owner wants to use their property in a way that is not permitted by local zoning laws.

What is an environmental dispute in real estate?

An environmental dispute occurs when there are environmental concerns related to a property. This can arise when there are hazardous materials on a property or when there are concerns about the impact of a property on the environment.

How can real estate disputes be resolved?

Real estate disputes can be resolved through negotiation, mediation, arbitration, or litigation. In some cases, disputes may be resolved through alternative dispute resolution methods, such as mediation or arbitration, which can be less costly and time-consuming than going to court.

Should I hire a lawyer for a real estate dispute?

It is recommended to hire a lawyer for a real estate dispute to ensure that your rights are protected and that the dispute is resolved fairly and efficiently. A lawyer can provide legal advice, representation, and guidance throughout the dispute resolution process.

How can I avoid real estate disputes?

To avoid real estate disputes, it is important to conduct due diligence before purchasing a property, ensure that all contracts and agreements are clear and detailed, and comply with all applicable laws and regulations. It is also important to communicate openly and honestly with other parties involved in the real estate transaction.

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