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● Breaking FCTA Demolition 30 Buildings Encroaching Abuja Ring Road 3 2026 →

Land Law & Regulatory Insights

How to Check Right-of-Way and Setback Risks Before Buying Property 2026

check Right-of-Way setback risks property Nigeria

Recent demolition exercises along major infrastructure corridors, including the ongoing clearance of buildings on the Abuja Ring Road 3 Right of Way, have once again highlighted a critical risk for property buyers: structures built on reserved land or in violation of setback requirements can be removed with little or no compensation.

Here is a practical 2026 checklist every buyer should follow before committing funds.

1. Obtain and Carefully Review the Survey Plan

  • Demand a current, properly signed survey plan from a registered surveyor.
  • Check whether the plan clearly shows the exact boundaries of the plot.
  • Look for any annotations indicating roads, drains, power lines, pipelines or other reservations.
  • Compare the survey with the physical site — the beacons on ground should match the plan.

2. Verify Against the Official Master Plan or Layout

In the FCT (Abuja)

In Lagos and other states

3. Check Setback Requirements

Setbacks are the mandatory open spaces that must be left between a building and the road, adjoining properties, or other features. Common issues include:

  • Buildings constructed too close to the road (violating front setback).
  • Inadequate side or rear setbacks.
  • Structures extending into drainage channels or utility corridors.

Ask your lawyer or a town planner to confirm the applicable setback standards for that specific location and zoning.

4. Conduct a Physical Site Inspection with Professionals

  • Walk the entire boundary of the plot with a surveyor.
  • Look for existing roads, footpaths, drains, electricity lines, or informal access routes that may indicate a reserved corridor.
  • Note any ongoing or planned road works in the immediate vicinity.
  • If possible, engage a town planner or development control consultant familiar with the area.

5. Search Official Records and Obtain Clearances

  • Conduct a proper search at the relevant Lands Registry or AGIS (for FCT).
  • Request written confirmation or a Right-of-Way clearance where available.
  • For estates, ask the developer or estate management for evidence that the layout has full planning approval and that individual plots are free from infrastructure reservations.

6. Engage Qualified Professionals

Never rely solely on the seller’s or agent’s verbal assurances. At minimum:

  • Retain a property lawyer experienced in the specific state or FCT.
  • Use a registered surveyor for boundary verification.
  • Consider a town planner’s report for high-risk or rapidly developing areas.

7. Red Flags That Should Make You Pause

  • The price appears significantly lower than comparable plots in the same area.
  • The seller is unwilling to provide a survey plan or official documents.
  • The building or fence appears unusually close to a major or planned road.
  • There are visible markers, survey beacons, or construction activity suggesting an infrastructure corridor.
  • Local residents mention previous or ongoing government acquisition or demolition exercises in the neighbourhood.

Practical Tips for 2026

Final Thoughts

Demolition of buildings on Right-of-Way or in violation of setbacks is not new, but it remains one of the most painful and avoidable losses in Nigerian real estate. The most effective protection is thorough, professional verification before any money changes hands.

A plot or building that looks attractive on the surface can become a liability if it sits on land reserved for public infrastructure. Taking the time to check properly is one of the smartest investments a buyer can make in 2026.

Have you ever encountered Right-of-Way or setback issues when buying property? Share your experience or additional tips in the comments.

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Mercy Editor, Nigeria Real Estate Blog All posts →
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