Principle

LAND LAW – Declaration of Title – Burden to Prove Root of Title Pleaded

Area of law
LAND LAW
Court
Supreme Court

Derivative title requires proof of the grantor's title. The plaintiff must trace title back to a valid original owner. The principle applies the maxim nemo dat quod non habet. Long possession cannot substitute for proof of the grantor's title. The rule applies to all claims…

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