Lagos bizwoman in tears over property demolition notice
The Lagos State Government issued a demolition notice on a building that the businesswoman, known only as @lashiskin_ on Instagram, and her family owned in the Eti Osa Local Government Area of the state. The businesswoman has since experienced trauma.
In a popular video that she uploaded on her page late on Sunday, the fair-skinned woman, whose Instagram profile suggested that she worked in the cosmetics industry, was seen sobbing excessively over the turn of events.
The entrepreneur could be heard complaining in the film that her family only bought the house in February 2024 and that all of their hard work went into it.
We have only been at our property for two months, having purchased it in February, the woman stated. Everything—the long hours, the restless nights, the hard work— You are aware of the price of real estate in Eti Osa if you are in Lagos.
"My son always asks me, 'Mummy, you've been weeping,' whenever he sees me sobbing. How can I tell my son about this? How? What should I instruct my kids?
"I'm trying to be a strong woman, but I don't want anyone to experience pain like this. It's very painful." I don't want somebody to put in so much effort and labour nonstop and then encounter anything like this. No, I don't.
In response to the businesswoman's suffering, another handle, @myfavouritead, commented, "Hello." Have you considered the possibility that the former owners sold the property as a result of being notified? It's possible that the previous owners gave you the liability. Speak with an attorney.
In response, Chijioke Ojukwu, who goes by @cjojukwu, stated that the demolition notice proved the seller didn't have legal title to give the entrepreneur the property.
"Aim for your developer. It implies that the warranty of no encumbrance and unfavourable consequences has been broken, and he has no lawful title to convey to you," stated Ojukwu.
Inibehe Effiong, a rights activist and attorney, commented on the case and stated that due diligence should be done before buying a property, particularly in a commercial setting like Lagos, to ensure that there are no encumbrances on the property and that the property has good title or that the intended seller has good title.
"Have you seen the demolition notice?" he said. What justification did the government provide for the proposed demolition? That would establish if the demolition was lawful. We need to find out why the building is designated for demolition.
"If it is being designated for compulsory purchase, or if there has been a breach of municipal planning or construction codes. It's critical to confirm that. In general, before buying a property, especially in a commercial setting such as Lagos, the buyer is expected to conduct due diligence to confirm that there are no encumbrances on the property and that the property has good title, either through the seller or the property itself.
"If it is being designated for compulsory purchase, or if there has been a breach of municipal planning or construction codes. It's critical to confirm that. In general, before buying a property, especially in a commercial setting such as Lagos, the buyer is expected to conduct due diligence to confirm that there are no encumbrances on the property and that the property has good title, either through the seller or the property itself.
"Encumbrance in the sense that the property is not within a government right of way, or that it is not under government acquisition, which is the situation in which the government has already acquired property or set aside a space for the construction of a road or other public infrastructure but chooses not to proceed with it—even after providing compensation."
According to Effiong, he was once asked to conduct due diligence on behalf of a customer who was interested in buying real estate in Ibeju Lekki. During the investigation, Effiong learned that the client intended to sell the property for a steep discount, but in the end, the government had purchased the land.
He continued, "It is crucial that those who wish to purchase real estate make sure they use solicitors to conduct their due diligence. However, in Nigeria, you'll discover that people value lawyers' services most when a crisis hits, despite the fact that their job is to ensure that crises are avoided. Some people purchase real estate without even trying to hire solicitors.
"I'm not sure if a lawyer was involved in her case or what kind of due diligence was done. However, if her case falls within the parameters I just described, she can file a lawsuit against the seller since, typically, every deed of assignment produced to transfer interest includes an indemnification language that promises to reimburse the buyer in the event that the buyer discovers a title defect.
The buyer has the right to sue the seller for indemnity if the property in question was under government acquisition or built on a government right of way. In such a circumstance, the seller would be required to reimburse the buyer for the purchase price and, in the event that the case proceeds to trial, to pay damages. She therefore has a remedy, but that would be if it were under the circumstances in which I have described.”
When contacted, Gbenga Omotoso, the state commissioner for information and strategy, pledged to look into the situation.
