CIVIL PROCEDURE — Identity of Land — Proof of Identity — Where Land is Well Known to Parties

Proof of the identity of land is a condition precedent to a grant of title. However, the law does not require proof of that which is common knowledge or admitted by the parties. Where the pleadings and evidence show that both parties are referring to the same physical land, and the defendant has not challenged its location or boundaries, the issue of identity is settled. The plaintiff need not call a surveyor or tender a plan in such cases. The principle promotes judicial economy and avoids unnecessary technicalities. It applies where the parties’ conduct, descriptions, or concessions establish a common understanding of the land in dispute.