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The short answer
A house built on family land belongs, in law, to whoever holds the land, so build only after the family has allotted or transferred your portion in writing. Nigerian courts have treated sales or grants of family land made without the family head and principal members as void, and Lagos law makes selling family land without that consent an offence. Get a signed deed or allotment, a survey plan in your name and, where possible, registration with the state, before construction starts.
Many Nigerians abroad build their first house on land the family already owns: a father's compound in the village, an uncle's plot in town, land everyone has "always known" is yours. It saves the cost of buying land, but it carries a risk that a purchased plot does not. Unless your share is clearly separated and documented, the house you pay for can end up treated as family property, and the people who inherit after the current elders may not remember the arrangement the way you do.
Why the title comes before the foundation
Under the Land Use Act, land in each state is vested in the Governor, and a holder of a right of occupancy cannot assign, mortgage or otherwise alienate it without the Governor's consent (statutory rights, s.22) or, for customary rights, the consent or approval required under s.21. Transactions contrary to the Act are void under s.26 (Land Use Act, PLAC text). Family land usually sits as a customary holding or under a title in the name of the family or a deceased ancestor. Until your portion is formally given to you, you are building on someone else's land.
A September 2025 Mondaq article by T&A Legal summarises the case law on family land: the family head and the principal members must both consent to a sale or grant, and transactions made without either have been treated as void (Adejumo v Ayantegbe; Offodile v Offodile, Supreme Court 2019). Junior members may challenge a transaction that ignored them. Customs that exclude women from family land have been held repugnant.
The documents to get
| Document | What it does |
|---|---|
| Family meeting minutes or resolution | Records that the family head and principal members agreed to give you a defined portion |
| Deed of gift, assignment or allotment | Transfers the portion to you, signed by the family head and principal members, with witnesses |
| Survey plan in your name | Fixes the boundary of your portion by a registered surveyor; prevents later disputes about which part is yours |
| Family receipt (if any money changes hands) | Issued in the family's name, per T&A Legal's checklist |
| Governor's consent and registration | Perfects the transfer with the state; the deed is stamped and registered |
| Building plan approval | Required before construction in most states |
If the land is still in the name of a deceased parent or grandparent, the family may first need letters of administration or a court-confirmed distribution before anyone can transfer a portion. A lawyer will check this at the start.
Lagos: an offence as well as a void transaction
The Lagos State Properties Protection Law 2016, as summarised by LawPavilion (28 September 2016), makes it an offence to sell family land without the consent of the family head and accredited members, and treats resold land as reverting to the lawful owner. The same law penalises people who demand fees or levies for construction or obstruct building work, with an exception for a family head's customary fee for possession. If your family land is in Lagos, documented consent protects you both civilly and under this law.
Permits and insurance once the land is yours
In Lagos, building approval runs through LASPPPA planning permission and LASBCA authorisation to commence, with stage certification and a Certificate of Completion and Fitness for Habitation before occupation, according to a July 2026 Ownkey guide; the state revoked and required revalidation of commencement certificates after a building collapse in July 2024 (Peoples Gazette). Other states have their own agencies. If the building will have more than two floors, the Insurance Act 2003 s.64 requires construction-risk insurance with a registered insurer (PLAC text). See getting a Lagos building permit.
Managing the build from abroad
- Give a power of attorney only for defined tasks (applications, supervising payments) rather than a general or irrevocable power over the land. See the risks of irrevocable powers.
- Pay contractors in stages against work you can see, by photos, video and an independent site visit.
- Keep receipts for every payment in one file; they support your claim to have built the house and any later tax calculation.
- Decide early between a contractor and direct labour; see contractor or direct labour.
Example of what goes wrong
Example only. Chidi, in Manchester, builds a four-bedroom house on part of his late father's land after a verbal agreement with his uncles. Ten years later, after his uncle dies, cousins argue the house sits on undivided family land and claim rooms in it. Without a deed, survey plan or minutes, Chidi's position depends on witness evidence and a court case. With those documents, the boundary and his title would have been clear.
What to check first
- Who is the current family head, and who are the principal members whose consent is needed?
- Is the land registered, and in whose name?
- Has a surveyor fixed your portion's boundaries?
- Has a lawyer prepared and registered the transfer?
- Do you have planning approval before the first payment to a builder?
If you are buying from the family rather than receiving a gift, see buying land from a family head.
Where Pryme fits
Building costs are paid in naira. A Pryme account holds naira next to your USD, GBP or EUR, so you can convert with Swap when a stage payment is due and pay the contractor with Send. Verifiable receipts and statements from VerifyDoc.ai (receipts) help keep a clean record of what you paid. Outside Nigeria, Pryme's services are provided through regulated partners.
This is general information, not legal advice. Instruct a Nigerian property lawyer in the state where the land is.
Questions people ask
Can I build on my family land without documents?
You can, but the house will legally sit on family land. Courts have treated grants of family land made without the family head and principal members as void, so get the portion transferred in writing first.
Who must sign to give me family land?
The family head and the principal members, according to the case law summarised by T&A Legal (2025). Junior members can challenge transactions that ignored them.
Do I need Governor's consent for land the family gave me?
Transfers of a right of occupancy need the consent required by the Land Use Act. A lawyer will advise how it applies to your title.
Is selling family land without consent a crime in Lagos?
Yes. The Lagos Properties Protection Law 2016 makes it an offence to sell family land without the consent of the family head and accredited members.
Sources
- Mondaq (T&A Legal): Key legal considerations when purchasing family or communal land (2 Sep 2025) · accessed Oct 2026
- Land Use Act, Cap L5 LFN 2004 (PLAC) · accessed Oct 2026
- LawPavilion: Lagos State Properties Protection Law 2016 (28 Sep 2016) · accessed Oct 2026
- Ownkey: Nigeria building permits guide 2026 (21 Jul 2026) · accessed Oct 2026
- Peoples Gazette: Lagos revokes all building permits (27 Jul 2024) · accessed Oct 2026
- Insurance Act 2003, Cap I17 LFN 2004 (PLAC) · accessed Oct 2026
This article is general information, not financial, legal or tax advice. Products described are provided under the terms on this site and are subject to regulation and eligibility.