Trespass to land arises where the plaintiff alleges that the defendant has intentionally entered or stayed in or caused some objects to come into contact with the land in possession of the plaintiff. The aim of this aspect of law is to protect the plaintiff's possessory interest in the land. The tort of trespass to land is actionable per se (No need for proof of actual damage). There are five (5) types or trespass to land:

(a) Trespass by remaining on land
This form of trespass is committed when the defendant remains on the land of the plaintiff after his right of entry has ceased. For example, a person, invited by you for a party in your house may become a trespasser after being told to leave and he refuses.

(b) Trespass by wrongful entry
This consist of a personal entry on the plaintiff's land by the defendant. The slightest crossing of boundary such as when an aggressor walks into the plaintiff's premises, or drives into it. Intention is key here, as the defendant will not be liable for accidental entries.

(c) Trespass by placing object on land
When a person wrongly enters and places an object on another's land, he will be liable for trespass. If after the action, the defendant leaves the object on the land, the plaintiff can sue again for continuing trespass, so long the object remains on the land. For example, where land grabbers sell a parcel of land belonging to Mr. A to another person who goes on to build structures on it..Without the consent of Mr. A (the title owner).

(d) Trespass ab initio
Here, the defendant's entry was by lawful authority but must have subsequently abused that right by doing an unlawful act. Examples are PHCN officers entering your compound to pluck fruits, or police officers with search warrants carting away things not in the warrant. Although, the effect of this has been whittled down, it would be deemed that violation done would be measured by the degree of damages done.

(e) Trespass above and below land
The person which owns the land also owns the sky above it and the sub-soil beneath. If a billboard from a neighbour's compound encroaches your land by hanging on top, an action can be brought in this regard, notwithstanding that it did not touch the actual land itself.

WHO CAN SUE..
A landlord who has already given up a right to possession cannot bring an action for trespass as the tenant is the person who has possession, but he (landlord) may sue to protect his reversionary interests. The plaintiff must be in actual or de facto possession.
Example is, a tenant whose tenancy has expired and has been given a notice to quit becomes a trespasser after the expiration of the notice but since he is still in possession, he can bring up an action against another person for trespass, except the title owner (landlord) or a person who has exclusive possession.

The most important thing is for the landlord to have good title to his land, otherwise, his claim may fail. This is why it is pertinent involve legal practitioners in land transactions, and also to deal with real estate firms with professional handlings.


Source:
www.naijapropertiesonline.com/trespass-to-land/

AFFORDABLE LANDS FOR SALE AROUND AJAH

Oakwood Gardens: Lakowe, Ajah.
Description: 675sqm = #13.5M // 900sqm = #18M
Title: Governor's Consent

Oakwood Gardens phase 2
Description: 600sqm = #5.4M
Title: C of O

Destiny Gardens phase 1: Ibeju Lekki
Description: 600sqm = #5M
Title: Government's Excision

Destiny Gardens phase 2: Ibeju Lekki
Description: 600sqm = #4M
Title: Government's Excission

Legacy Gardens phase 1: Eleranigbe
Description: 600sqm = #3M
Title: Government's Excission

Legacy Gardens phase 2: Eleranigbe
Description: 600sqm = #3M
Title: Government's Excission

Oakwood Gardens phase 3: Ibeju Lekki
Description: 600sqm = #5M
Title: Government's Excision

Paradise Gardens: FTZ Ibeju Lekki
Description: 600sqm = #3.5M
Title: Government's Excission

Open Heavens phase 2: Eleranigbe
Description: 600sqm = #1.7M

Diamond Estate phase 1: Off Monastery road, Sangotedo, Ajah
Description: 600sqm = #7.7M
Title: Government's Excision

Trinity Gardens phase 2: Eleranigbe
Description: 600sqm = #1.4M

Atlantic Bay Estate: Behind May Fair Gardens, Awoyaya.
Description: 600sqm = #4.5M
Title: Government's Excission


Call/WhatsApp: +2348075256644
info@naijapropertiesonline.com


www.naijapropertiesonline.com

Nice info

I no dey involve for omo onile matter lol

All men dream, but not equally. Those who dream by night in the dusty recesses of their minds, wake in the day to find that it was vanity: but the dreamers of the day are dangerous men, for they may act on their dreams with open eyes, to make them possible.
T. E. Lawrence

Omo onile guys no get joy for this kind matter.

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Mopolchi:
Omo onile guys no get joy for this kind matter.

pls and i'm sorry to disturb pls how can i post on nairaland

Very imformative, best way to start the day

Ipayesco:

pls and i'm sorry to disturb pls how can i post on nairaland

You have just done that. Or do you mean to start a new topic?

PropertiesNaija:
Trespass to land arises where the plaintiff alleges that the defendant has intentionally entered or stayed in or caused some objects to come into contact with the land in possession of the plaintiff. The aim of this aspect of law is to protect the plaintiff's possessory interest in the land. The tort of trespass to land is actionable per se (No need for proof of actual damage). There are five (5) types or trespass to land:

(a) Trespass by remaining on land
This form of trespass is committed when the defendant remains on the land of the plaintiff after his right of entry has ceased. For example, a person, invited by you for a party in your house may become a trespasser after being told to leave and he refuses.

(b) Trespass by wrongful entry
This consist of a personal entry on the plaintiff's land by the defendant. The slightest crossing of boundary such as when an aggressor walks into the plaintiff's premises, or drives into it. Intention is key here, as the defendant will not be liable for accidental entries.

(c) Trespass by placing object on land
When a person wrongly enters and places an object on another's land, he will be liable for trespass. If after the action, the defendant leaves the object on the land, the plaintiff can sue again for continuing trespass, so long the object remains on the land. For example, where land grabbers sell a parcel of land belonging to Mr. A to another person who goes on to build structures on it..Without the consent of Mr. A (the title owner).

(d) Trespass ab initio
Here, the defendant's entry was by lawful authority but must have subsequently abused that right by doing an unlawful act. Examples are PHCN officers entering your compound to pluck fruits, or police officers with search warrants carting away things not in the warrant. Although, the effect of this has been whittled down, it would be deemed that violation done would be measured by the degree of damages done.

(e) Trespass above and below land
The person which owns the land also owns the sky above it and the sub-soil beneath. If a billboard from a neighbour's compound encroaches your land by hanging on top, an action can be brought in this regard, notwithstanding that it did not touch the actual land itself.

WHO CAN SUE..
A landlord who has already given up a right to possession cannot bring an action for trespass as the tenant is the person who has possession, but he (landlord) may sue to protect his reversionary interests. The plaintiff must be in actual or de facto possession.
Example is, a tenant whose tenancy has expired and has been given a notice to quit becomes a trespasser after the expiration of the notice but since he is still in possession, he can bring up an action against another person for trespass, except the title owner (landlord) or a person who has exclusive possession.

The most important thing is for the landlord to have good title to his land, otherwise, his claim may fail. This is why it is pertinent involve legal practitioners in land transactions, and also to deal with real estate firms with professional handlings.


Source:
www.naijapropertiesonline.com/trespass-to-land/

This post reminds me of Trespass to land and nuisance and my landlaw.
well done op

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Call/WhatsApp: +2348075256644
Info@naijapropertiesonline.com

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Mopolchi:
You have just done that. Or do you mean to start a new topic?

yes pls help

In matters of trespass a person in possession of the property in goods is entitle to bring a court action hence a landlord is not entitle to sue in respect of a house he rented out during the period of rent...see the case of ILASU v OGUCHE.hence Trespass is an offence against Possession rather than ownership.

Ipayesco:

yes pls help

Okay. To start a topic, click on any category you will see in the front view of Nairaland.com like Politics, Jobs and Vacancies, Romance etc. Go down the category, you will see "create a topic". Click on it and by so doing, you will start a new topic.

60 by 120

PropertiesNaija:
Trespass to land arises where the plaintiff alleges that the defendant has intentionally entered or stayed in or caused some objects to come into contact with the land in possession of the plaintiff. The aim of this aspect of law is to protect the plaintiff's possessory interest in the land. The tort of trespass to land is actionable per se (No need for proof of actual damage). There are five (5) types or trespass to land:

(a) Trespass by remaining on land
This form of trespass is committed when the defendant remains on the land of the plaintiff after his right of entry has ceased. For example, a person, invited by you for a party in your house may become a trespasser after being told to leave and he refuses.

(b) Trespass by wrongful entry
This consist of a personal entry on the plaintiff's land by the defendant. The slightest crossing of boundary such as when an aggressor walks into the plaintiff's premises, or drives into it. Intention is key here, as the defendant will not be liable for accidental entries.

(c) Trespass by placing object on land
When a person wrongly enters and places an object on another's land, he will be liable for trespass. If after the action, the defendant leaves the object on the land, the plaintiff can sue again for continuing trespass, so long the object remains on the land. For example, where land grabbers sell a parcel of land belonging to Mr. A to another person who goes on to build structures on it..Without the consent of Mr. A (the title owner).

(d) Trespass ab initio
Here, the defendant's entry was by lawful authority but must have subsequently abused that right by doing an unlawful act. Examples are PHCN officers entering your compound to pluck fruits, or police officers with search warrants carting away things not in the warrant. Although, the effect of this has been whittled down, it would be deemed that violation done would be measured by the degree of damages done.

(e) Trespass above and below land
The person which owns the land also owns the sky above it and the sub-soil beneath. If a billboard from a neighbour's compound encroaches your land by hanging on top, an action can be brought in this regard, notwithstanding that it did not touch the actual land itself.

WHO CAN SUE..
A landlord who has already given up a right to possession cannot bring an action for trespass as the tenant is the person who has possession, but he (landlord) may sue to protect his reversionary interests. The plaintiff must be in actual or de facto possession.
Example is, a tenant whose tenancy has expired and has been given a notice to quit becomes a trespasser after the expiration of the notice but since he is still in possession, he can bring up an action against another person for trespass, except the title owner (landlord) or a person who has exclusive possession.

The most important thing is for the landlord to have good title to his land, otherwise, his claim may fail. This is why it is pertinent involve legal practitioners in land transactions, and also to deal with real estate firms with professional handlings.


Source:
www.naijapropertiesonline.com/trespass-to-land/

bros I ddnt get u well.... a landord can bring an action so long he still remains in ownership of such land nd he might not be in actual possession. i stand to be corrected tho a landlord that has given up possession can still sue for trespass

g

Interesting


But you should not be the op and the FTC. It is KWARUPSHAN!

jidxin:
bros I ddnt get u well.... a landord can bring an action so long he still remains in ownership of such land nd he might not be in actual possession. i stand to be corrected tho a landlord that has given up possession can still sue for trespass

Dear respondent,
The assumption is that, the landlord is the real title owner. Once he gives up actual possession, maybe by way of rentage or leasehold of the property (and he doesn't reside or make use of the property) then he cannot bring up an action.
Except where it affects his reversionary interests (like damage to the property or contest for ownership of the property), then he has a right to a cause of action in court.

#My_Opinion

www.naijapropertiesonline.com

Mopolchi:
Okay. To start a topic, click on any category you will see in the front view of Nairaland.com like Politics, Jobs and Vacancies, Romance etc. Go down the category, you will see "create a topic". Click on it and by so doing, you will start a new topic.

Thank u very much

Ok

spanzed:
In matters of trespass a person in possession of the property in goods is entitle to bring a court action hence a landlord is not entitle to sue in respect of a house he rented out during the period of rent...see the case of ILASU v OGUCHE.hence Trespass is an offence against Possession rather than ownership.

Dear respondent,
Thank you for the feedback. The issues raised by you are not any different from what has been stated in the post. Further light on the issues would be appreciated, and not the obvious. God bless you.

info@naijapropertiesonline.com
www.naijapropertiesonline.com

@PropertiesNaija

Please need your advice for a friend

A friend's father bought land in the 80's and has a document (Local govt land use act)
Currently its resold to another person... what should be the first thing he should do?

uvalued:
@PropertiesNaija

Please need your advice for a friend

A friend's father bought land in the 80's and has a document (Local govt land use act)
Currently its resold to another person... what should be the first thing he should do?

Dear respondent,
Thank you for the feedback. The basic advice is that you get a qualified lawyer closest to you to evaluate the facts and documents at your friend's father's disposal, and determine if the competing party does not have a better title to the land. After which he can professionally inform you if to proceed to a law court or not.
You can however send an email to info@naijapropertiesonline.com and we will link you up with our team of lawyers. God bless you.

www.naijapropertiesonline.com

LAND SALES AROUND AJAH

(1) A plot and half of dry land facing road
Location: owode lamgbasa road ajah Lagos
Title: gazette and register deed
Price: #25m

(2) A plot and half with 2 bedroom flat and 3 shops on it facing road
Location: owode lamgbasa road ajah Lagos
Title: village excision and register deed
Price: #23m

(3) A plot at Ajah, both sides are fenced on dry land, inside a big estate
Price: #10M


(4) Acres of land in Oku, Ajah
Price: #5M Per plot


(5) Acres of land in Elerangbe
Price: #1 .5M per plot

(6) Parcels of land in Sangotedo
Price: #7M per plot


(7) Acres of land in Eti osa ibeju
Price: #7M per plot


( 2 plots of land at Oworonsoki, Bariga, facing the main road. Suitable for banks and other office set ups.
Price: #300m

(9) Acres of land at Ayeteju
Price: #2.5M per plot

(10) One plot of land at Ajah (dry land), fenced both sides
Documents: SURVEY, C OF O.
Price: #10M

(11) Building with four (4) flats apartment at Iyana Ipaja
Price: #46M

(12) Building with four (4) flats at Agege
Price: #45M

(13) Building with four (4) flats at Alagbado
Price: #18M

NOTE: PRICES ARE NEGOTIABLE.


Call/WhatsApp: +2348075256644
info@naijapropertiesonline.com


www.naijapropertiesonline.com

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