Land disputes are among the most common legal conflicts in Nigeria. Disagreements over ownership, boundaries, title documents, possession or competing interests often arise during property transactions.
However, one growing concern is the increasing use of the criminal justice system to fight what are essentially civil disputes. This practice can expose innocent property owners and investors to unnecessary arrests, investigations and criminal prosecutions over issues that should ordinarily be resolved by the civil courts.
A recent development in Anambra State seeks to address this problem.
WHEN DOES A LAND DISPUTE BECOME A CIVIL MATTER?
Not every disagreement involving land amounts to a criminal offence. Many disputes involving:
1. Ownership of land
2. Competing titles
3. Boundary disagreements
4. Possession of property
5. Validity of land transactions
Conflicting claims to the same property
are primarily civil matters. These disputes are generally resolved through civil litigation where the court determines the legal rights of the parties.
Unfortunately, some individuals resort to filing criminal complaints in an attempt to intimidate, pressure, or force the other party into surrendering their legal rights.
THE ATTORNEY GENERAL OF ANAMBRA STATE IS REVIEWING SUCH CASES
Recognizing the growing misuse of criminal processes in land disputes, the Honourable Attorney General of Anambra State, Tobechukwu Nweke (SAN), has initiated a review of complaints and criminal charges arising from property disputes.
The objective is to ensure that the criminal justice system is not being used as a weapon in matters that properly belong before the civil courts. Individuals who believe they are facing criminal complaints or prosecutions that stem from genuine disputes over land ownership, title, possession or property rights may present their cases together with supporting documents, at the Conference Room of the Ministry of Justice for review.
Where appropriate, the Attorney General may exercise constitutional powers to examine such matters and take necessary action in the interest of justice.
NOT EVERY LAND CASE IS CIVIL
While many land disputes are civil, it is equally important to understand that some property-related matters involve genuine criminal conduct.
Examples include:
1. Forgery of title documents.
2. Land fraud
3. Obtaining property by false pretense.
4. Criminal trespass accompanied by violence.
5. Fraudulent multiple sales of the same property.
Other offenses involving criminal intent may properly warrant criminal investigation and prosecution. Each matter must therefore be examined on its own facts rather than assuming every land dispute is either civil or criminal.
WHY PROPERTY BUYERS SHOULD PAY ATTENTION
Many buyers focus only on the location and price of a property while neglecting legal due diligence. Without proper verification, you may unknowingly purchase land that is already under dispute or become entangled in prolonged litigation or criminal complaints.
Preventing these problems begins before payment is ever made. Proper due diligence should include:
1. Verifying ownership documents.
2. Confirming title authenticity.
3. Investigating pending litigation.
4. Checking for encumbrances.
5.Confirming government approvals
6. Understanding the property’s legal history.
These simple steps can save buyers from years of legal battles and significant financial loss.
THE IMPORTANCE OF PROPERTY DUE DILIGENCE
At ENCUMBEREDPROPERTIES.com, our mission is to educate property buyers, investors and landowners on how to identify legal risks before purchasing property. We believe that informed buyers make safer investment decisions. You do not simply need land—you need certainty, security, and peace of mind.
Education remains one of the strongest tools for preventing property fraud, avoiding unnecessary disputes and protecting your investment.
GET OUR PRACTICAL GUIDE
If you are planning to buy land or invest in real estate, equip yourself with the knowledge that can help you avoid costly mistakes.
Get our guide: “7 Steps to Acquiring a Clean Property Title: A Practical Checklist.”
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The best time to protect your investment is before you make payment not after a dispute arises.
Together, we can build a safer and more transparent real estate investment environment.
THIS ARTICLE WAS WRITTEN BY:
Madueke Enwere
Real Estate Lawyer | Chief Superintendent of Police| Founder, EncumberedProperties.com (the only real estate frauds prevention platform).