LEGAL PRINCIPLE: PROPERTY LAW – Proof of Title – Duty of Party Relying on Grant
PRINCIPLE STATEMENT
It is an established principle of law that where a party pleads and relies on grant as their root of title, they are under a duty to prove such grant to the satisfaction of the trial court.
RATIO DECIDENDI (SOURCE)
"It is an established principle of law that where a party pleads and relies on grant as his root of title, he is under a duty to prove such grant to the satisfaction of the trial court."
EXPLANATION / SCOPE
Grant as root of title means claiming ownership derives from a conveyance, gift, or allocation by a previous owner rather than by original acquisition or traditional ownership. When parties plead grant, they must prove: (1) the grantor had title to convey; (2) the grant actually occurred; (3) the grant was valid (complied with formalities); (4) the grant covers the disputed land. Proof typically requires: producing the grant document (deed, conveyance), testimony about the grant, and connecting the grant to the current dispute. “To the satisfaction of the trial court” means meeting the civil standard—balance of probabilities. Failure to prove the pleaded grant is fatal—the party cannot succeed without establishing their claimed root of title. This principle ensures parties actually prove the basis of their title claims rather than merely asserting them. Courts scrutinize grant evidence carefully, particularly regarding grantor’s capacity and grant validity.