LEGAL PRINCIPLE: EVIDENCE LAW – Proof of Title to Land – Deed of Conveyance – Where Due Execution Not in Issue
PRINCIPLE STATEMENT
Once it is shown that the appellant's deed of conveyance (Exhibit 1) has been duly executed by the owner of the land as vendor, it is sufficient evidence to support the award he seeks of title to the land.
RATIO DECIDENDI (SOURCE)
"Once it is shown that the appellant's deed of conveyance (Exhibit 1) has been duly executed by the owner of the land as vendor, it is sufficient evidence to support the award he seeks of title to the land."
EXPLANATION / SCOPE
A deed of conveyance duly executed by the owner as vendor constitutes sufficient evidence to support an award of title to the land. The plaintiff need not adduce additional proof of ownership beyond the deed. Due execution by the owner authenticates the transfer. The deed is prima facie evidence of title. The burden shifts to the opposing party to challenge the deed’s validity or the vendor’s title. If due execution is not in issue, the deed suffices. The principle simplifies proof of title where documentation exists. The court will accept the deed as establishing the plaintiff’s title unless successfully impeached. The deed must be properly authenticated and registered where required. The rule applies to both legal and equitable interests.