What Your Lawyer Needs To Prove Ownership Of Your Property

By Ikenga Chronicles January 12, 2018

What Your Lawyer Needs To Prove Ownership Of Your Property

— Adebayo Adekola

Sola’s grandfather allowed some mechanics onto about 5 acres of land belonging to him for them to operate their workshops on it. He was not collecting rents or tributes from them but had an oral undertaking that they make good use of the place.

He gave further oral instructions to his children not to disturb the mechanics at the point of his death. Surprisingly, the mechanic association formed by the occupants through their executives are claiming ownership of the land because they have been on the land for 50 years, undisturbed by anyone including Sola’s late grandfather.

In fact, the association has been selling and collecting rents from occupants for the past 20 years without the knowledge of any of Sola’s family.

My take:

Sola and others related to the grandfather can sue the Mechanic Association to claim ownership of the land once they have one or all the following-

1. Have traditional evidence to show the grandfather owns the land and only granted use to the mechanics.

2. If they can produce duly registered title documents.

3. If they can show acts of selling, leasing, renting out all or part of the land.

4. If they can show an act of long possession and employment of the land.

5. If they can show proof of possession of connected or adjacent land in circumstances rendering it probable that the owner of such connected land would, in addition, be the owner of land in dispute.

Once they have one or all of these, then they have a good case. With proof of ownership, other rights like rights to rents, eviction, and management flows

 

  • Adekola is a lawyer, with interest in Property, Corporate, Commercial, Civil, and Criminal Law and Practice. He holds an Associate Graduate Diploma (ACIS) in Maritime and Shipping from the Certified Institute of Shipping of Nigeria. He is an Association Member, Institute of Strategic Management of Nigeria. You can reach him on +234-909-706-6504
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