In this post we will be looking at the meaning of legal evidence of title, ways to prove ownership and Important Documents for Proof of Land Ownership.
INTRODUCTION.
Since the beginning of time, Land has always been a source of wealth for its owners. Owning one elevated your status in your community or society. Land can be used for farming purposes to generate more wealth; it can be used to accommodate you and your family or it could be rented out to other people. Ownership of land connotes the rights to exclusive possession and unfettered access to it. Due to its significance, it has always been a highly coveted asset. It has been the source of disputes and communal clashes to date making the ability to prove the ownership of a piece of land very crucial especially when you want to purchase a property for the first time. Due to challenges that arise from land grabbers commonly called “Omo-Onile” where they sell a piece of land to several people, it is important to know what kind of documents can help in this case. See our post on method of property valuation in Nigeria. There have always been disputes arising from land matters which often end up in litigation; this is usually as a result of failure to obtain the right documents for proper ownership of land and also the failure to complete the process of acquiring a perfect title to the land. That is why in the bid to achieving justice, the court will rule in favor of any party that can prove a better title to a land or property.
WHAT IS LEGAL EVIDENCE OF TITLE?
Evidence of ˈtitle are documents such as DEEDs that prove that someone owns property. It is common practice for evidence of title to be supplied before contracts are exchanged. It also means a title insurance policy, a preliminary title report or binder, a title insurance commitment, an attorney’s opinion of title based on an examination of the public records or an abstract, or any other means of reporting the state of title to real estate that is customary in the locality.
WAYS TO PROVE OWNERSHIP OF LAND IN NIGERIA.
It is now well accepted that in a claim for declaration of title, a Plaintiff as well as a Defendant/counter claiming declaration of title to land has open to him five ways by which to prove his title to the land in dispute. These 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
(b) By production of title documents
(c) By acts of ownership
(d) By acts of possession long enough to warrant the person in possession as the owner.
(e) By acts of possession of an 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.
IMPORTANT DOCUMENTS FOR PROOF OF LAND OWNERSHIP
It is important to note that these documents do not replace one another. They are equally important.
- Deed of Assignment: A Deed of Assignment is an essential legal land document for recording the sale of land. In addition, it transfers interest and title in the real estate property from one party to another, starting from the commencement date stated in the document.
- Certificate of Occupancy: The C of O is one of the most important documents in a real estate transaction. It is provided by the state government and it verifies the ownership of the property or land in question.
- Survey Plan: A survey plan is another important real estate document that gives accurate details of the measurement of the land and other important descriptions such as the location, owner’s name, etc.
- Land Excision: The process of releasing land to indigenous people or settlers is known as land excision. If isn’t done before you purchase the land, you will still be required to do it down the line because it is a form of compensation to the original landowners.
- Receipt: In real estate transactions, a receipt indicates that the seller has received the purchase price from the buyer after the property has been sold.
- Governor’s Consent: This document shows the consent obtained from the government on a land transaction through his signature. Without it, the transaction is deemed illegal.
According to the court of appeal, in cases of dispute, these are methods to prove your ownership of the land.
- Through traditional historical evidence
- By providing the documents of title
- Evidence of ownership and possession over an adequate period of time
- Proving possession of adjacent and connected land in circumstances that make it probable that the owner of such adjacent and connected land owns the land in dispute
Tips To Consider Before Purchasing Land
- Ensure you purchase land or properties from a reputable real estate company with a good track record
- Do your research and understand what the essential documents are and what they look like
- The documents associated with the real estate transaction should be reviewed by your lawyer
How To Write Land Agreement in Nigeria
It is very instructive to note that it is only a legal practitioner that is entitled to prepare instruments relating to land. Such instruments include Deed of a lease, Assignment, Legal mortgage, etc. the name and address of the legal practitioner must be stated on the instrument and it must bear a seal of such legal practitioner, this is also known as Franking of such instruments. Why this is so is that where an instrument relating to immovable property does not contain the particulars of the legal practitioner who prepared it, it may not be accepted for registration at the land registry.