Why People Must Proactively Protect Their Undeveloped Land

Land is debatably the most important resource on planet earth. Records exist to confirm that the greatest wars in the history of mankind were land related and millions of human lives have been lost in its defense.

If land is not so much important, why then are people sacrificing their precious lives to defend it? Israel has consistently been at war with its neighbours because of land. In Nigeria, land conflicts and boundary disputes have existed from time immemorial.

“Land is debatably the most important resource on planet earth.”

Moreover, the real cause of what has been called “ethno-religious” crisis in Jos, Plateau State, Nigeria which has claimed so many lives is not religion but land, as long-time Muslim migrants and Christian dominated aboriginals have both laid claims to portions in Jos-North Local Government Area of the State.

Land is so important that nearly every, if not in fact every human activity takes place on land. From the structures we erect whether for residential or commercial purposes, to the vehicles we drive, the animals we rare, the crops we cultivate; all these and so much more are done on land.

“Everything we use can ultimately be traced to land.”

In addition, there is no gainsaying that everything we use can ultimately be traced to land. Timber, sand, iron ore, gold, silver, diamond, crude oil, coal, laterite, tin, water, oxygen, carbon dioxide, just to mention but a few are all gotten from land. It suffices then to say that land is the original source of all material wealth.

“Land is the original source of all material wealth.”

But what is land? Land defined in English and science is the earth’s surface which is not water. This definition holds sway in everyday conversation but the legal definition of land in law is quite expansive.

Legally speaking, land means not only the physical surface of land but everything growing on or underneath that surface, including anything permanently affixed to that surface such as building and the airspace above that surface to a reasonable extent such that one cannot claim in trespass when an aircraft flies high above in the air.

Essentially thus, land defined in law means the surface of the earth, the subsoil beneath, the minerals deposited therein, any building erected on the surface, trees and other vegetation, water such as ponds and streams, and the airspace above the land which contains oxygen and other gases.

“Proactive measures should be taken to protect undeveloped land”

Since land is very important, diligent steps should be taken to protect it especially when the land is undeveloped. An undeveloped land simply means land that is bare. It is land that has not been built upon or used for industrial purposes. The fact that a land is used to farm or rear animals does not make it developed.

There are many undeveloped lands in Nigeria. Many of such lands are unprotected and their owners, in most cases, stay far away from them. In Nigeria, it is common for a person to reside and work in one place and have land which is undeveloped in another place.

An undeveloped land is said to be unprotected when it is vacant and seems about to be in nobody’s possession. Such unprotected lands eventually become sites of attraction to trespassers who usually enter land which is not their own without the consent of the owner and begin to build, cultivate or carry out other unauthorized activities on the land.

“About 70% of the cases in Nigerian courts are land related”

In view of the foregoing, about 70% of the cases in Nigerian courts are land related. Because the era of fighting wars to claim land is now obsolete, people have resorted to the Court of Law. Court cases now assume the character of war albeit in a civilized manner.

In my experience, it will interest you to know that many land cases pending in our courts could have been averted had the owners taken certain steps to protect their lands. Sadly thus, litigants end up spending a lot of time and money pursuing court cases.

As a matter of fact, land cases require a lot of money to pursue and litigants, more often than not, could be in court for several years because such cases cannot be decided within one year. I for one have witnessed a land case that lasted 16 years.

Funny enough, it is rather unfortunate that the final judgment might not even be in favour of the genuine owner especially when the trespasser has been in possession, albeit illegally, for a long time. And the courts really cannot be blamed because law is about what you can prove, the sort of lawyers you have, and how much you can pay them.

“Law is about what you can prove, the sort of lawyers you have, and how much you can pay them.”

More so, there is a presumption in law that many non-lawyers are not aware of that whoever is in possession of land is presumed to be the owner. Possession seems stronger than ownership because possession they say is nine parts of the law. Yes, nine out of ten.

Therefore, an owner of land who fails to protect his land (especially undeveloped land) and allows a trespasser occupy the land for a long time, to erect a house on it, or carry out other activities; stands the danger of losing the court battle.

I know that many people acquire undeveloped lands because of the need to invest since land constantly appreciates in value. Many others inherit undeveloped lands from their parents which is very common in Nigeria.

I agree that many people leave their land undeveloped for good reasons. For some people, they might really not have any immediate need to develop the land while others might really not have the funds to do.

At any rate, people must take proactive steps to protect their undeveloped lands. If they don’t, trespassers will claim it from them. And if they must claim it back, they would have to spend a lot of time and money which they could use in acquiring more lands.

Land is very important and because it is, trespassers grow in number each day. These people (trespassers) only exist to create problems for you and they can go to any length to fight you for your land. Thus, it is better to protect your land from them than embarking on damage control by battling them in court for it.

Nigerians do not like court cases. Many people detest being litigants. But if you fail to protect your undeveloped land and allow a trespasser to encroach upon it, you would have made yourself a litigant and given yourself a court case, except if you desire to forfeit the land to the trespasser. Yes, I know you wouldn’t want that.

Many people detest being litigants. But if you fail to protect your undeveloped land and allow a trespasser to encroach upon it, you would have made yourself a litigant

So, it doesn’t matter if your land is in the village and you are in the city, there are legally established ways of protecting your land which I will talk about in the next post. Some will cost money while others will not. In any case, you must spend money in order to avoid spending more money.