Why Building on “Available Space” Without a Survey Can Become a Legal Problem in Nigeria

In many parts of Nigeria, it is common to see property owners extend their buildings, construct fences, add shops, or develop what appears to be unused land around their properties. A good example can be seen along the Lekki-Epe Expressway in Lagos, where some spaces within road setbacks have been turned into shops, car stands, market stalls, and other commercial activities. While these spaces may appear suitable for business or construction, developing them without verifying the property boundaries and applicable planning regulations can create serious legal problems. What looks like available land may actually be within a designated road setback or reserved for future road expansion and other public infrastructure.

1. The Space May Belong to Your Neighbour

One of the most common causes of property disputes is the assumption that an unused portion of land belongs to the person whose building is closest to it.

For example, imagine purchasing a plot of land and constructing a house on it. After some time, you notice an empty strip of land beside your building. Since nobody appears to be using the space, you decide to extend your fence or construct an additional room.

Months or years later, a neighbour presents a survey plan showing that the disputed portion falls within their property boundary.

This can become a serious legal issue, particularly if you have already spent money on construction.

A boundary survey helps establish the location and extent of a property using its documented survey information and relevant ground measurements. It can help identify whether the proposed construction falls within your property or extends beyond its legal boundaries.

Never assume that an empty space belongs to you simply because it is directly beside your building.

2. You May Encroach on Government Land or a Right of Way

Not every open space within a residential area is available for private development. Some spaces are reserved for roads, drainage channels, utility infrastructure, access routes, or other public purposes.

A property owner may unknowingly extend a fence, build a gatehouse, construct a shop, or add a room into an area reserved for a road expansion or public right of way.

In such situations, having a house or fence that has existed for several years does not automatically make the encroachment lawful.

Depending on the location and applicable regulations, the relevant authorities may require the obstruction to be removed or the structure to be demolished.

A professional surveyor can help determine the property's position in relation to identifiable boundaries, road reservations, and other relevant survey information. Where necessary, the property owner should also confirm the applicable planning requirements with the relevant physical planning authority.

Before extending your building or fence towards a road, drainage channel, or open corridor, verify the boundary and applicable setback requirements.

3. You May Violate the Required Building Setback

A building setback is the required distance between a building and a specified boundary, road, waterway, or other designated feature. The applicable requirement depends on the location, development plan, type of property, and relevant planning regulations.

For instance, a property owner may believe that a portion of land within their fenced compound is suitable for an additional room. However, that space may fall within a required setback or another restricted development area.

Building in such a location could create problems during development approval, inspection, or enforcement.

Consider a situation in which a house is marked for demolition because it is too close to a canal. A survey may be required to establish the property's position and assess its relationship to the relevant boundary or restricted area. Submitting survey information can help clarify the situation, but it does not automatically legalise a structure that violates an applicable regulation.

In some cases, another person may later attempt to purchase the same property without knowing that it had previously been marked for demolition. If the original warning is removed and the buyer fails to carry out the necessary checks, they could inherit a costly problem.

This is why a land survey should form part of property verification before construction or purchase, especially where the property is close to a canal, drainage channel, major road, or other restricted area.

4. A Boundary Dispute Can Stop Your Construction Project

Construction delays are expensive. Workers may have to stop work, materials may remain unused, and additional costs may accumulate while a dispute is being resolved.

Imagine that you are constructing a residential building and decide to extend a wall into an area you believe is part of your land. Your neighbour objects, claiming that the wall crosses their boundary.

If neither party has verified the actual boundary, the disagreement may escalate into arguments, complaints to relevant authorities, or legal proceedings.

Even where you genuinely believe the land belongs to you, your assumption is not a substitute for proper boundary verification.

A surveyor can examine the available survey records, identify relevant boundary evidence, and carry out the necessary measurements to establish the property's position. If a dispute already exists, the survey findings may assist the parties and their legal representatives in understanding the technical issues involved.

Resolving boundary questions before construction is usually less disruptive than dealing with them after a structure has been completed.

5. Your Building May Not Match Your Approved Site Plan

A property may have a valid survey plan and building approval, yet a later extension can still create a problem if the new structure does not comply with the approved layout or applicable regulations.

For example, you may decide to add a security post, an outdoor kitchen, a shop, a perimeter wall, or an extra room in what appears to be unused space.

However, the proposed extension may affect the required setback, access to the property, drainage, or the approved building layout.

A land survey can help confirm the location of the property boundaries and the proposed structure. The relevant planning authority can then clarify whether the development complies with the applicable requirements and whether additional approval is necessary.

Do not assume that approval for your original building automatically covers every future extension.

6. You Could Lose Money if You Later Sell the Property

Property development decisions can affect the value and marketability of land.

Suppose you extend your building into a disputed portion of land and later decide to sell the property. During the buyer's due diligence, a survey reveals that part of the structure crosses the documented boundary or occupies a restricted area.

The discovery may cause the buyer to withdraw, request a lower price, demand further documentation, or seek legal advice before proceeding.

The situation can be even more complicated if the property is subject to a court dispute, government enforcement action, or competing ownership claims.

Carrying out a survey does not, by itself, establish every aspect of legal ownership or guarantee that a property is free from disputes. However, it is an important technical step in verifying the property's boundaries and identifying potential development concerns.

For a more complete assessment, buyers should also review the relevant title documents, conduct appropriate legal searches, and confirm planning and development requirements.

7. A Fence Does Not Automatically Establish Your Legal Boundary

Many property owners use existing fences, walls, or neighbouring buildings as guides when determining where their land ends.

Although these features may provide useful physical references, they do not necessarily correspond to the legally recognised property boundary.

A fence could have been erected in the wrong position, moved over time, or constructed without a proper boundary survey. Previous owners may also have made informal arrangements that do not accurately reflect the documented extent of the property.

Building an extension based solely on an existing fence can therefore create additional problems.

A surveyor can assess the available survey plan and relevant boundary evidence, then establish the appropriate positions on the ground. If the fence does not align with the verified boundary, the property owner can investigate the discrepancy before undertaking further construction.

Do not use an existing fence as your only evidence of where your property ends.

What Should You Do Before Building on Available Space?

Before constructing anything on an open portion of land around your property, take the following steps:

1. Obtain and review your survey plan

Locate your existing survey plan and have a qualified surveyor review the documented property boundaries and relevant measurements.

2. Request a boundary verification survey

If you are unsure where your property ends, arrange for a surveyor to establish the boundary positions on the ground before construction begins.

3. Confirm that the space is not restricted

Check whether the proposed development could affect a road reservation, drainage channel, public right of way, utility corridor, or required building setback.

4. Verify planning and building requirements

Contact the relevant physical planning authority to confirm the applicable setbacks, development restrictions, and approval requirements for your location.

5. Resolve boundary disagreements before construction

If a neighbour disputes the boundary, avoid proceeding with construction until the relevant technical and legal issues have been properly investigated.

6. Complete the necessary property checks

If you are buying the property, do not rely solely on the seller's explanation or the appearance of the land. Arrange for appropriate survey verification, title checks, and planning due diligence before committing your money.

Why You Should Engage a Professional Land Surveyor

A professional land surveyor does more than measure land. Surveying provides the spatial information needed to identify property boundaries, establish positions on the ground, and assess how proposed construction relates to the available land and relevant survey records.

At OTIC Surveys Limited, we provide professional surveying and geospatial services, including boundary surveys, topographic surveys, engineering surveys, construction surveys, and other land measurement solutions.

Whether you intend to extend your house, construct a perimeter fence, develop an additional structure, or purchase a new property, obtaining the right survey information can help you make informed decisions before investing in construction.

However, a survey should be treated as one part of proper property due diligence. Questions relating to ownership, title validity, statutory restrictions, and planning approval may require additional checks with the relevant authorities and qualified legal professionals.

Verify the Land Before You Build

That space beside your house may look like an opportunity to expand your property, but its appearance alone does not establish who owns it or whether it is suitable for development.

Building without verifying the boundaries can expose you to neighbour disputes, encroachment claims, construction delays, financial losses, and possible demolition where a structure violates applicable requirements.

The safest approach is to establish the property boundaries, check the relevant development restrictions, and obtain the necessary approvals before construction begins.

Contact OTIC Surveys Limited for professional land surveying advice needed to make development decisions.

Visit oticsurveys.com to learn more about surveying.