Government Acquisition of Land in Nigeria: How to Verify & Avoid It

For any property investor in Nigeria, the phrase “government acquisition” sends shivers down the spine. It represents one of the most devastating risks in the real estate market: the potential for the government to take over your land, even after you’ve legally purchased it, often with minimal or no compensation.

This isn’t a rare occurrence; it’s a critical reality in a country where all land is technically vested in the state, according to the Land Use Act of 1978. But while the risk is real, it is also largely avoidable through proper due diligence.

This comprehensive guide will demystify government acquisition, explain why it happens, and—most importantly—provide you with the step-by-step process to verify a property’s status and protect your investment.

Understanding Government Acquisition: Why Does It Happen?

The Land Use Act of 1978 gives the Governor of each state the power to acquire any land within the state for “overriding public interest.” This “public interest” can include:

• Infrastructure Development: Building roads, bridges, airports, hospitals, schools, power lines, or drainage systems.
• Public Utilities: Creating parks, government offices, or other public service facilities.
• Urban Planning & Development: Resettlement schemes or large-scale housing projects.

When land is acquired, any existing rights of occupancy (like a Certificate of Occupancy) are technically revoked. While the Act provides for compensation for improvements on the land (buildings, crops), compensation for the bare land itself is often minimal or non-existent, depending on the nature of the acquisition.

The Different States of Land: What You Need to Know

Land in Nigeria generally falls into one of these three categories, impacting its safety for investment:

1. Free and Clear Land (Government-Free): This is land that the government has explicitly designated for private use and development. It has no government encumbrance or acquisition plan. This is the safest land to buy.
2. Gazetted/Excised Land: This is land that was initially under government acquisition but has since been “excised” (released) back to the original community or private individuals. When properly gazetted (published in the official government gazette), this land is generally safe for purchase, provided the excision is authentic and the title is perfected.
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3. Acquired Land (Government-Encumbered): This is land that the government has already designated for a specific public purpose. It is considered highly risky or outright illegal to buy. If you purchase land under acquisition, you risk losing your investment without recourse, even if you bought it from someone with seemingly valid documents.

The Ultimate Verification Checklist: How to Avoid Acquired Land

This is the most critical section. Never skip these steps.

Step 1: Obtain the Property’s Survey Plan

This is the foundational document. You’ll need an authentic copy of the land’s registered survey plan from the seller. This plan contains vital information, especially the coordinates of the land.

Step 2: Hire an Independent, Registered Surveyor

This is non-negotiable. Do not use the seller’s surveyor. Engage your own trusted surveyor who will work exclusively for you.

Step 3: Conduct a “Charting” Exercise

This is the single most important step in verifying the land’s acquisition status.

• Your surveyor will take the coordinates from the seller’s survey plan.
• They will then overlay (or “chart”) these coordinates onto the official government master plan at the relevant state’s Ministry of Lands/Physical Planning or Survey Department (e.g., AGIS in Abuja, Ministry of Lands in Lagos).
• The Result: The charting exercise will definitively show if your specific plot of land falls within any area designated for government acquisition, public use, or if it is indeed “free and clear.”

Step 4: Engage a Property Lawyer for a Legal Search (Parallel to Charting)

While charting focuses on the physical designation of the land, a legal search focuses on its ownership and legal standing. Your lawyer will:

• Apply to the state’s Land Registry to conduct an official search on the property’s title (e.g., C of O, Deed of Assignment).
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• The search report will confirm the current legal owner, the authenticity of the title document, and importantly, reveal any encumbrances or government claims registered against the property.
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Red Flags to Watch For

• Unusually Low Prices: If a property in a desirable area seems too good to be true, it often is. Scammers use low prices to offload acquired or disputed land quickly.
• Pressure to Buy Quickly: Any agent or seller pushing you to pay without allowing time for proper due diligence is a major red flag.
• Vague Answers About Documents: If a seller is hesitant to provide the original survey plan or other title documents for verification, disengage immediately.
• “Ratified” or “Regularized” Land Without Clear Documentation: Be extremely cautious. While regularization is possible, the documentation proving this must be 100% legitimate and verifiable.

Your Fortress Against Acquisition: Due Diligence

The risk of government acquisition is real, but it is not a reason to shy away from investing in Nigeria. Instead, it underscores the absolute necessity of rigorous, professional due diligence. Your investment is only as secure as the verification process you employ.

At MiraEmma Properties, protecting our clients from such risks is our foremost priority. Every property in our portfolio has undergone a multi-layered verification process, including crucial charting and legal searches, to ensure it is free from government acquisition and boasts a clean, verifiable title.

Don’t gamble your future. Partner with experts who guarantee your peace of mind.