In recent times, especially in Lagos state, many house owners have lost their homes and belongings to demolition and this has led to many people condemning the government and asking what powers enable government to demolish buildings and why they do or if they can be avoided or whether there is any remedy for a victim of wrongful demolition under Nigerian Law.
There are many reasons for demolition of buildings in Nigeria; if the property is constructed without the government’s approval because owning a piece of land is not enough reason to erect whatever building you desire on it as you must seek the permission of the government to build on any land through a building plan approval which includes the kind of building you wish to construct, its specifications and compliance with building laws and codes.
It can also be demolished if the property is distressed; if there is the issue of negligent construction leading to distressed and structurally unsound buildings or if the property is constructed on land that is under government acquisition because there are some lands that are marked out by the government to be used for state development projects such as construction of roads or public buildings.
The Nigerian Government reserves the right under the Constitution (section 44) to acquire properties belonging to citizens, to be used for development projects that are aimed at catering for the welfare of the general public, so if a property is acquired by the government, it can be demolished and the government is required by law to pay compensation to the individuals whose land they acquire.
When engaging in real estate transactions, you must diligently conduct all necessary searches to confirm the title of the person from whom you are purchasing the property and confirm the validity of any title document or approval that is shown to you.
If you are constructing a building on your land, ensure that you obtain the necessary permits to do so and seek the expert opinions of qualified real estate consultants or your lawyer.
If a person’s house is demolished by the government as a result of his failure to follow due process in acquiring the land or constructing a building, he may not have any recourse in law if he was not deceived into purchasing the property despite having done reasonable due diligence on his part.
Also, the law requires the government to issue a notice informing occupants of a building that the said building has been marked for demolition and such notice must also have been issued within reasonable time.
Where the government fails to issue a notice before embarking on demolition, the aggrieved residents can sue and they may be entitled to damages.
Where the government acquires properties belonging to citizens in exercise of their right to do so, without issuing compensations as required by law, the citizens can rightfully commence an action against the government.
Under the law, experts such as lawyers and real estate consultants, have a legal duty to give accurate and reliable information to their clients.
Where an expert gives false information to his client perhaps due to negligence or intentional misrepresentation, and the client acts on such information in acquiring a land or constructing a building, the client can bring an action for the loss of his property against the expert who wrongly advised him.
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