PROPERTY LAW;PROOF OF OWNERSHIP IN NIGERIA

There are several ways of proving or establishing title to or ownership of land for it to have good and valid title. The Supreme court outlined ways at which ownership of title can be established in the case of NKWO V. IBOE (1998) 7 NWLR (PT558)354 SC .

They are through the traditional evidence, production of documents of title duly authenticated in the sense that their due execution must be proved, by positive act of ownership extending over sufficient length of time, proof of possession of connected or adjacent land in circumstances rendering it probable that the owner of such connected or adjacent land would in addition be the owner of the land in dispute.

In case of dispute to land and a party’s claim for title to land is found upon a grant by a particular person, family or community under native law and custom, the party must prove and produce title of such person, community or family. The method to establish a good title in case of family property is a receipt and agreement by a family head with the consent of other principal members of the family.

Communal property’s title can be established through history on how the land in question became a communal ancestor property and communal ancestor must be established.

In case of sale of land by a single vendor to different buyers, for either to succeed he must trace the root title to the vendor.

Please note that one of the commonest mode of sale of land these days is by giving a survey plan, in OYEFESO V. COKER the Supreme Court held that  survey plan is not sin qua non that is a claim for declaration of title but a mere or clear description to make a disputed land ascertainable.

In ELEMA V AKENZUA (2000), the supreme court held that under native law and custom, the requirement for a valid sale of land are the payment  of the agreed purchase money by the purchaser and delivery of possession of the land by the vendor to him and that it is not compulsory to have a written contract or conveyance as  under the English law.

Irrespective of the provision of the supreme court I will advise we adopt a written contract of sale under the English law in order to clearly to ascertain the terms and conditions agreed on by the parties as mere trust is not sufficient in these present day and time and long dead since the days and years of our forefathers.

The requirement of law in respect of family property that the family head and principal members cannot be waived, to the extent that mere partitioning of land among family members to ascertain each person’s portion does not give the person the right to sell his/her portion except the necessary consents is sort and approved. This was the position of the law n ODUKWU V.OGUNBIYI 8 NWLR PT 561.

We assist in conducting necessary search to know the title the seller has  to avoid disputes in future in respect of property bought in good faith, if all you have on your property is survey plan then consult us to help perfect your title and this is prima facie evidence that the land is yours.

Thank you.

OYENIKE ALLIYU-ADEBIYI LLB (hons)BL