RE-ASSESSING PROOF OF TITLE TO LAND IN NIGERIA

Abstract

From time immemorial, land has sustained every aspect of our lives. The need to prove title to land in Nigeria is illustrated in the numerous conflicts and disputes concerning land in Nigeria. There has been tribal, communal, family and individual wars over land. Proving title to land is therefore imperative for the maintenance of peace and order in the Society. The role of equitable interest in land has always been a major concern to property lawyers especially in dealing with property rights from the point of view of conveyancing transactions. Equitable interests are rights over property though invalid at common law, was recognized and enforced by the court of chancery in mitigation of the harshness of common law. This paper employs a doctrinal method of legal research and finds that the equitable interest in land should be included in the various ways of proving title to land. A legislative intervention is equally advocated to entrench equitable interests as a means of proving title to land. This paper recommended a legislative recognition of equitable interests in land, reform of the Land Use Act, and introduction of title insurance in Nigeria.