ARTICLE
16 December 2015

Practical Steps Towards Preventing Dumping Of Refuse At A Construction Site

FE
Fred-Young & Evans

Contributor

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Fred-Young & Evans LP is a full-service commercial law firm in Nigeria dedicated to providing Clients with prompt and effective legal services. Our sister firm, Fred-young Recoveries is a dedicated international debt collection organization. Our firm is divided into 3 practice group, namely; Dispute Resolution, Corporate/Commercial and Intellectual Property Groups.
It is therefore better and cheaper to prevent and deter trespassers from loitering, dumping waste or carrying out acts of trespass on the site.
Nigeria Real Estate and Construction

It is common for persons living within a construction site ("the site") to trespass upon and dump domestic, industrial and toxic refuse and waste on the site. This usually led to a depreciation of the land. In most cases, the construction Company ("the Company") would incur huge financial cost in removing the waste and restoring the land to its original natural topography. It is therefore better and cheaper to prevent and deter trespassers from loitering, dumping waste or carrying out acts of trespass on the site. In order to achieve this, the Company should;

  1. Place a "No Trespassing" sign at entrances to the property and every 200 yards around the boundary of the property.
  2. Instruct its employees on how to respond if an unauthorized person is discovered on the site.
  3. Call on the police on patrol if an intruder refuses to leave, returns to the site after being told to leave, or threatens any of its employees.
  4. Obtain relevant approval to man the public gate leading to the site by midnight.
  5. Install physical barriers such as fences, hedges or trees at entrances to the site.
  6. Plant vegetative screens to block the view of the site from the road.
  7. Install alarms and motion detectors on the site.
  8. Install surveillance camera on the site which will identify trespassers at night.
  9. Commence an action in trespass against trespassers which will serve as a deterrent to other intending trespassers.

Though there are no regulations for posting of "No trespassing" signs in Nigeria, the Company cannot legally post a no trespass signs in a land other than its own. This would prevent the Company from exposing itself to an action in trespass and hindering other people from accessing neighboring lands.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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