WHAT ARE THE FIVE WAYS TO PROVE OWNERSHIP OF LAND

WHAT ARE THE FIVE WAYS TO PROVE OWNERSHIP OF LAND

To officially prove ownership of a property, you will require Official Copies of the register and title plan; these are what people commonly refer to as title deeds because they are the irrefutable proof of ownership of a property. Note, this only applies to registered property.

However, there five ways, which have crystallized over the years in a long line of decided cases as are replete in our law reports are each if proved by credible and cogent evidence sufficient to ground title in the party who so claims. These five methods are namely:

(a) Evidence of traditional history of title

Under the Law of Conveyancing, there is an important document called Abstract of title, which shows a good root of title as it shows every action that has been carried on the particular land (sale, lease and mortage) and it is traceable to 30 years. Traditionally, there were probably no written documents on a particular land but alienation of land was always done in a ceremonial ways, in the presence of witnesses and possibly, photographs. One of the witnesses present at the alienation will be a very good evidence to show the traditional root of title of the land.

(b) By production of title documents

Mere receipts do not always suffice, there should be signatories and written agreements of alienation of the land, and witnesses. For family members, the signatories of principal members of the family and the family head should also be present for a valid alienation.

(c) By acts of ownership

The owner of a land can dispose and deal with his Properties as he deems fit. He must also be able to pass a good title to the buyer of the land as the 'Nemo dat quod non habet' rule will stand. This simply means, you cannot give what you don't have, you cannot pass a good title to a person when yourself do not have a good title to the property.

(d) By acts of possession long enough to warrant the person in possession as the owner

(e) By acts of possession of a adjoining or adjacent land in such a way as would make it probable that the owner of the adjoining or adjacent land is also the owner of the land in dispute

WRITTEN BY: CHAMAN LAW FIRM TEAM

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