What to do if a property sale goes wrong or you discover a title defect
Buying property in Nigeria is a major investment. When a sale goes wrong or a title defect shows up, you risk large losses. Act fast. Protect records. Get legal help.
At a glance
Stop further payments or development. Gather evidence. Contact a property lawyer and run a registry search.
You are entitled to good title and fair dealing. Remedies include rescission, refund, specific performance, or damages.
File a caveat, lis pendens, or injunction quickly if the land may be resold or transferred.
Step-by-step
1) Pause and confirm the problem
Don’t make more payments or start construction. Identify the issue: seller refusal, double sale, forged documents, or an encumbrance. Note names, dates, and promises in writing.
2) Secure documents and evidence
Collect receipts, bank transfers, receipts, drafts, emails, chats, and listing screenshots. Save timestamps and metadata where possible. If you paid, get a stamped acknowledgment.
3) Run a title verification check
Order a Land Registry search. Verify deed of assignment, survey plan, and whether Governor’s Consent is needed or already obtained. Check if the land is under government acquisition or litigation.
4) Decide on rescission or completion
If the seller misled you, rescission and refund are options. If the defect can be fixed, completion with indemnities may work. Get a lawyer to advise which route fits your facts.
5) File urgent caveats or suits
If there is a real risk of resale or transfer, ask your lawyer to file a caveat, lis pendens, or an interim injunction. These filings protect your interest while the dispute proceeds.
If it escalates
- The seller resells the land after you paid.
 - The land is subject to government acquisition.
 - A prior claim or pending litigation emerges.
 - Documents are forged or fraud is evident.
 
If any of these happen, move to court quickly. Delay weakens remedies.
Evidence & documents
- Payment proof: bank transfers, deposit slips, or receipts.
 - Copy of deed, assignment, survey plan, allocation letters.
 - Communications: emails, WhatsApp chats, adverts, listings.
 - Land Registry search results and any litigation history.
 - Witness names and written statements where possible.
 
Common mistakes to avoid
- Paying in full before conducting registry and survey checks.
 - Accepting verbal claims from so-called family representatives without written authority.
 - Ignoring small name or survey inconsistencies on title documents.
 
Costs & deadlines
Court timelines vary by state and complexity. Filing fees depend on claim value. Some remedies move fast—caveats and interim injunctions can be urgent—so act without delay.
When to call a lawyer
- You discover a fake or forged title.
 - The seller refuses to refund or complete the sale.
 - Another party claims ownership after you paid.
 
Call a lawyer early. They will prepare searches, draft letters of demand, and file protective applications where needed.
FAQs
Can I recover money if the land turns out fake?
Yes. You can seek refund, rescission, or damages. If fraud is proven, the police may pursue criminal charges. Keep all payment proofs and communications.
Should I report to the police or go to court first?
Start with legal advice. Police handle criminal fraud. Courts handle civil remedies like rescission, injunctions, and competing title disputes.
What if I already built on defective land?
Negotiate indemnity or compensation. A lawyer will check whether the seller concealed material facts and what remedy fits your situation.
