𝗜𝗦 𝗦𝗨𝗥𝗩𝗘𝗬 𝗣𝗟𝗔𝗡 𝗔 𝗧𝗜𝗧𝗟𝗘 𝗗𝗢𝗖𝗨𝗠𝗘𝗡𝗧 ?

A Survey plan is not a title to land; it is only a document that is needed to give accurate measurement and description of the land. The survey plan is usually needed to draft a Deed of Assignment which is the document that transfers title to land.

In the case of OKORIE v. UNAKALAMBA & ANOR (2013) LPELR-22508(CA), the court held that it is not bound to accept the evidence of a surveyor on boundaries and description if it is sufficient that the parties know the land, see - Yusuff vs. Keinsi (2005) 13 NWLR (PT. 943) 554 CA. It was also decided that "a Survey Plan is not necessary and can be dispensed with where the parties are ad idem on the land in dispute". See C.G.C. (NIG) Ltd vs. Baba (2004) 10 NWLR (PT. 882) 658

In conclusion, "It has long been established by the Supreme Court in the celebrated case of D. O. Idundun & Ors. v. Daniel Okumagba & Ors. (1976) 9-10 SC 227 at Pp. 246-250 that there are five ways of proving title to land. These are:

1. By traditional evidence (Adedibu v. Adewoyin 13 WACA 191);

2. By production of a document of grant or title Johnson v. Lawanson (1971) 1 All NLR 56;

3. By proving acts of possession and ownership extending over a sufficient length of time and are numerous and positive enough to warrant the inference that the plaintiff is an exclusive owner Ekpo v. Ita (1932) 11 NLR 68;

4. By proving acts of long possession and enjoyment of the land; but this only raises a presumption of ownership Da Costa v. Ikomi (1968) 1 All NLR 394 at p.398;

5. By proof of possession of connected or adjacent land in circumstances which make it probable that the owner of such adjacent or connected land is probably the owner of the land in dispute. Okechukwu v. Okafor. (1961) 1 All NLR 685." 

Asides from the five ways of proving title to land, as stated above, the court also made it known in the case of BELLO v. BIRMA (2014) LPELR-23969(CA) that "the only document that can prove any passing of title would be Conveyance or Deed of Assignment". See Ezeigwe v. Awudu." Per ADAMU, J.C.A. (Pp. 32-33, paras. G-A)

For enquiries and more information, please contact:

Memories Premier Properties

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No.1 Oshodi Close, off Orchid Road, Lekki, Lagos.

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