We Hold Your Brief

Dear Counsel,

I am in a great predicament brought about by an unforeseen incident. I bought a plot of land three years ago with a good title. There was no controversy surrounding the transaction whatsoever. In November last year I started to erect a building on the land with a government approved plan. However, two weeks ago, due to torrential rains there was a flood which leveled down the entire structure. Mine was not the only one affected. Even though the building was situated in a hilly area, there was no indication that the area was prone to floods as previous owners of properties in the area had said that they never experienced any flooding before. According to My papers, the land was acquired as far back as 60 years ago and in fact the previous owner actually used it as a poultry farm.

The government did not tell us about the possibility of flooding before approving our building plan after we paid all the fees and taxes. The entire area is still in a mess and there is a clear possibility that it may happen again.

Should I hold the previous owner ac- countable? D.D. Gaye Jos, Plateau State

Dear Mr. Gaye,

I understand why you may find this situation difficult to accept. But the truth is that I do not see how you can hold the previous owner of the property accountable for the unfortunate incident which can be purely traceable to forces of nature.

This type of event in law is known as Avulsion. It is the loss of one’s land due to the action of water, such as flooding or the new direction of a stream or river that may have washed away the land.

While I agree that it was unforeseen, I would suggest that the only option available to you and others affected is to approach the government and make a case for possible compensation, the government can provide you with an alternative location at a minimal cost.

From your letter, the approving authorities may not have anticipated this sad development. You could get a lawyer to represent you and write to the government with a view to finding a solution to ameliorate your predicament.