Land Rights: Protection From Trespass To Land

By Ubong S. Ebong Esq. -
Today I will briefly be discussing the rampant issue of trespass to land. Trespass to land is any unlawful direct entry into the land of another person. Let me paint you a scenario -

So you bought a land and paid everything required, maybe you have developed the land or maybe you haven't started using it yet, but then to your surprise you discover that someone has entered your land and is using your land one way or the other. What do you do?

The above illustration is what trespass to land is all about and the law protects your rights as a land owner or legal occupier to use and enjoy your land without interference from any other person. This law protects your rights and interests over 3 main areas of the land namely:
1) the land surface itself,
2) the air space above your land up to such reasonable extent that is necessary for you to fully enjoy your land, and
3) the earth surface below the land. However, in Nigeria, all mineral resources belong to the Federal Government so while you own the ground beneath your land, the minerals belong to the government - weird right?!

Trespass usually occurs in 3 ways:
1) Where a person unlawfully enters another person's land.
2) Where a person is initially authorized or permitted to legally enter another person's land (e.g police officers, visitors, customers, water or electricity company staff etc.) but either abuses his/her authority or remains on the land after such authorization has expired or has been revoked. But please note that this does not apply to tenants.
3) Where a person directly places/throws/projects/erects any object/structure/thing on or over another person's.

I will round off by highlighting 2 additional points. Firstly, it is either the person who is currently in possession of the land or a person who has the right to possess the land immediately that can sue for trespass. This means that even a trespasser who is currently occupying someone else's land and who has not yet been evicted can sue a subsequent trespasser, but such a trespasser cannot sue a person with a better title to the land such as the owner of the land or any of his/her authorized agents.

Secondly, you can sue anybody who has trespassed into your land in anyway even if that person has not damaged your land or your properties at all. The mere entry of another person into your land is enough to violate your right.

So when next someone trespasses into your land just consult a lawyer to protect your proprietary rights and even get you compensation. Have a great day.

#KYR


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