You wake up one morning, look outside, and something feels off. The fence has shifted. A few metres of your land are now sitting on the other side. Your neighbour is nowhere to be found, and you are left wondering whether you just lost a chunk of your property or whether you are imagining things. You are not imagining things. Boundary encroachment is one of the most common land disputes in Nigeria, and it happens far more often than people think. The good news is that you have options, and the first step is knowing exactly what to do before the situation gets worse.
First, Do Not React Without Evidence
It is tempting to go straight to your neighbour and demand they move the fence back. But without evidence, that conversation is going nowhere fast. Emotions run high in land disputes, and a confrontation without facts behind you can actually weaken your position legally. Before you do anything else, document what you see. Take clear photographs of the current fence position. Note the date and time. If you have any previous photos of the original boundary, gather those too. This record becomes important evidence if the matter escalates.
Rule one of any land dispute: evidence first, confrontation second.
Check Your Survey Plan
Your survey plan is the single most important document in this situation. It shows the official, legally registered boundaries of your land, including the coordinates, measurements, and bearing lines that define exactly where your property ends and your neighbour’s begins.
If you have your survey plan, pull it out. If you do not have one or cannot remember the last time you saw it, that is a problem you need to fix immediately. A land without a registered survey plan is land without legal protection.
If your survey plan exists but is outdated or was done informally, it may not hold up in a dispute. This is where a professional re-establishment survey becomes critical.
Get a Re-establishment Survey Done
A re-establishment survey is exactly what it sounds like. A licensed surveyor goes back to your land, uses the original survey data on file with the Surveyor-General’s office, and physically re-establishes where your boundary markers should be. The result is a fresh, accurate, legally backed determination of your boundary.
This is not the same as hiring someone to just measure the fence. A proper re-establishment survey is conducted by a SURCON-licensed surveyor and produces a document that can be used in legal proceedings, submitted to government authorities, and presented as hard evidence in any dispute.
Only a surveyor registered with the Surveyors Council of Nigeria (SURCON) can produce a legally valid boundary determination. Do not accept anything less.
- The surveyor will cross-reference existing records at the Surveyor-General’s office.
- They will identify the correct position of your boundary markers.
- If markers have been removed or displaced, they will replace them in the correct location.
- You will receive a certified survey report that you can act on.
What If Your Neighbour Refuses to Accept the Results?
This happens. Some neighbours will refuse to acknowledge the survey findings, especially if they moved the fence intentionally. At that point, you have a few options depending on how far you are willing to take things.
Option 1: Formal Letter
Have a lawyer write a formal letter to your neighbour, referencing the survey findings and demanding they restore the boundary to its correct position within a specified timeframe. This creates a paper trail and signals that you are serious.
Option 2: Report to the Surveyor-General’s Office
You can file a formal complaint with your state’s Office of the Surveyor-General. They have the authority to investigate boundary disputes and, in some cases, mandate a joint survey with both parties present.
Option 3: Legal Action
If all else fails, your certified survey report becomes the foundation of a court case. Nigerian courts take registered survey evidence seriously, and a well-documented boundary dispute with a proper re-establishment survey behind it gives you a strong position.
How to Protect Yourself From This Happening Again
Once your boundary is restored, take steps to make sure this does not happen a second time.
- Ensure your boundary markers are clearly visible and in good condition.
- Register your survey plan with the Surveyor-General’s office if it is not already on file.
- Get a Certificate of Occupancy (C of O) if you do not already have one. It is the strongest form of title protection available.
- Do periodic checks on your boundary, especially after any construction activity near your fence line.
A registered survey plan and a valid C of O are your two strongest shields against encroachment. If you have neither, you are vulnerable.
Frequently Asked Questions
Can my neighbour legally move a shared fence?
No. A boundary fence sits on the legal boundary between two properties. Moving it without the consent of both parties and without a proper survey adjustment is an encroachment, regardless of the reason your neighbour gives.
What if I do not have a survey plan for my land?
You need to commission one urgently. Without a survey plan, you have no official record of your boundaries and very little legal standing in a dispute. Contact a SURCON-licensed surveyor to conduct an original or re-establishment survey as soon as possible.
How long does a boundary dispute take to resolve?
It depends on the approach. An informal resolution with a survey and a letter can take a few weeks. A formal complaint to the Surveyor-General can take months. Court proceedings can take significantly longer, which is why early action and proper documentation are so important.
The Bottom Line
A neighbour moving a fence is not just an inconvenience. It is a legal matter that affects the value, security, and integrity of your property. The worst thing you can do is ignore it or handle it informally without evidence.
Get your survey done. Get your boundaries on record. And if you need help, work with professionals who know exactly how to handle this.
At Geoinfotech Resources Limited, our licensed surveyors carry out re-establishment surveys, boundary dispute surveys, and cadastral surveys across Lagos, Abuja, and beyond. We help you get the facts, the documentation, and the legal backing you need to protect what is yours.
Think your boundary has been tampered with? Contact Geoinfotech Resources Limited today for a professional assessment.
