LAND LAW ā Declaration of Title ā Identity of Land ā Necessity of Plan to Establish Boundaries
Principle Statement
Before a declaration of title is given, the land which it relates must be ascertained with certainty the test being whether a surveyor, can, from the Record, produce an accurate plan of such land i.e. the need for a plan.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in EKPEMUPOLO v. EDREMODA (2009) NLC-123-35-2000(SC) at pp. 18ā19; Paras DāE.
"Before a declaration of title is given, the land which it relates must be ascertained with certainty the test being whether a surveyor, can, from the Record, produce an accurate plan of such land i.e. the need for a plan."
Explanation / Scope
This principle establishes that land must be ascertained with certainty before a declaration of title is granted. The test is whether a surveyor can produce an accurate plan from the record. The principle applies in land title claims. It ensures that declarations are attached to identifiable land. The principle reflects the need for certainty in land adjudication. It prevents vague claims. The court must require a plan or sufficient description. The principle provides guidance on the standard for identifying land. It ensures that title can be properly enforced.