LEGAL PRINCIPLE: LAND LAW — Title to Land — Equitable Interest Arising from Payment Coupled with Possession
PRINCIPLE STATEMENT
Payment of money to radical title owners coupled with effective physical possession gives rise to a good equitable interest and/or title to the land in favour of the payer.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Provost Lagos State College of Education & Ors v. Edun & Ors (2004) NLC-481999(SC) at p. 9; Paras A–B.
"It cannot be disputed that exhibit 1 which was rightly admitted in evidence to prove payment of money by the 1st respondent to the radical title owners of the land in dispute coupled with the respondents' effective physical possession of the land in dispute as far back as from the 13th January, 1972 gave rise to a good equitable interest and/or title to the land in dispute in favour of the respondents."
EXPLANATION / SCOPE
Payment to radical title owners plus physical possession creates equitable interest in land. The combination of both elements is necessary. The principle applies to land law and equitable interests. The rule protects those who have paid and taken possession. Equitable title may ripen into legal title over time. The radical owner cannot ignore such combined interests.
