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The short answer
Papers prove title, but visible, continuous control of the land is what deters encroachers and gives you a trespass claim. Nigerian courts accept acts of ownership and long possession as ways of proving title, and possession entitles you to sue for trespass. Lagos's Limitation Law sets a 12-year period for actions to recover land, so an owner who ignores an occupier for years can lose the right to sue.
Many Nigerians abroad buy a plot, collect the documents, and then leave the land bare for years while they save to build. Bare land with no fence, no sign and no one visiting is the easiest target for encroachers and double sellers. Possession is not a formality: it is part of how Nigerian law decides land disputes. This guide explains why, and what a practical possession plan looks like from abroad. It is general information, not legal advice.
Why possession matters in Nigerian land law
In Olusi v Obaniyi (SC/65/2018, 4 July 2025), as reported by ThisDay, the Supreme Court restated the five ways of proving title from Idundun v Okumagba. Two of the five are about conduct on the land rather than paper: acts of ownership numerous and positive enough to infer ownership, and acts of long possession and enjoyment. The Court also said "possession entitles a party to sue for trespass to land", and where both sides claim possession, the one who shows title prevails.
In practice this means two things. Your documents remain your strongest evidence. But a fence you built, a caretaker you pay, rent you collect from a farmer and dated photos of your visits all add evidence that you, not the stranger, have been in control.
The limitation clock
Every state has a limitation law that sets how long you have to bring a claim. The Lagos State Limitation Law includes sections headed "Limitation of actions to recover land", "Accrual of right of action on dispossession", "Right of action not to accrue unless there is adverse possession" and "Extinction of title". A 2026 Ownkey guide to adverse possession states that in Lagos "no action to recover land can be brought after 12 years from the date the right of action accrued", and notes that other states have broadly similar laws.
The same guide notes limits on how far this goes: it cites Oladimeji v Oshinowo (1983), where the Supreme Court required uninterrupted, unequivocal possession for at least 20 years in that case, says its application to land held under a certificate of occupancy is contested, and cites Abioye v Yakubu for the view that there is no title by prescription under customary land tenure. The safe reading for an owner abroad is simple: do not let an occupation run unchallenged.
A possession plan you can run from abroad
| Measure | What it does | Points to watch |
|---|---|---|
| Perimeter fence or block wall | Marks boundaries and shows control; makes entry a deliberate act | Build on surveyed coordinates; get any permit the state requires |
| Signboard | States the land is owned and not for sale, with a contact number | Use a number your representative answers, not your foreign mobile |
| Caretaker | Daily presence; can report activity at once | Written terms; no power to sell, lease or allocate |
| Periodic visits | Dated proof of continued interest | Yours or a trusted person's; photos with location data |
| Licence to farm or use | Someone uses the land with your written permission | Must be a dated licence or tenancy, so it cannot later be called adverse |
| Registry checks | Spots a competing registration early | Repeat every year or two at the state land registry |
The caretaker arrangement
A caretaker is useful only if the arrangement is written down. Under the Lagos Tenancy Law 2011, the definition of landlord includes an attorney, agent or caretaker, so a caretaker can be treated as acting for you in tenancy matters. That cuts both ways: put in writing that the caretaker may guard and report, but may not sell, lease, collect money or let anyone build. Pay them by traceable transfer, not cash, so payments also serve as evidence that you were maintaining the land.
Permitted users
Letting a farmer or neighbour use the land can help, but only on a dated written licence or tenancy that names you as owner. The Ownkey guide recommends that permitted occupation be "documented as a formal tenancy or licence" rather than left informal. An informal arrangement is how many occupiers later claim they were never told to leave.
Visits, photos and records
The Ownkey guide calls regular inspection "the single most effective defence". If you cannot travel often, ask your representative for a short video walk of the boundary every few months, sent with the date and location visible. Keep a simple log with the date, who visited, what they saw and any spend. See what video inspections cannot show before relying on them alone, and use a surveyor occasionally to check beacons have not moved.
What to check first
- Your title is registered and the Governor's consent is perfected where needed.
- The beacons on the ground match your survey plan.
- A caretaker or representative has written, limited authority.
- There is a sign with a working local number on the land.
- You have a dated record of each visit and payment.
If you plan to hold land for years before building, read land banking from abroad; if you already let property, managing tenants from abroad covers the tenancy side.
Where Pryme fits
Caretaker wages, fencing materials and surveyor fees are regular naira costs. With Pryme you can send naira to the people doing the work from your account, keep a record of every payment, and use the Personal Assistant to prepare reminders for site visits; nothing is paid without your approval.
Questions people ask
Can someone take my land in Nigeria if I do not use it?
An occupier can strengthen their position over time. Lagos's Limitation Law sets 12 years for actions to recover land, so do not let any occupation go unchallenged.
Is a fence enough to protect my land?
It helps by marking boundaries and showing control, but combine it with a registered title, a sign, a caretaker with written terms and regular visits.
Should I let someone farm my land while I am abroad?
Only on a dated written licence or tenancy that names you as owner, so the use is clearly with your permission.
How often should I check my land in Nigeria?
Every few months by your representative, with dated video, and a registry search every year or two.
Sources
- Proof of Claim of Title to Land (Olusi v Obaniyi, SC, 4 Jul 2025), ThisDay (23 Jun 2026) · accessed Oct 2026
- Adverse Possession and Squatter Rights in Nigeria 2026, Ownkey (25 Jun 2026) · accessed Oct 2026
- Limitation Law of Lagos State (section list), Law Nigeria · accessed Oct 2026
- Lagos State Tenancy Law 2011, policyvault copy · 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.