LEGAL PRINCIPLE: LAND LAW – Possession – Long Possession by Trespasser – Cannot Found Claim for Declaration of Title Against True Owner
PRINCIPLE STATEMENT
Long possession cannot found a claim of declaration of title to land, damages for trespass and perpetual injunction against the true owner of title to such land. A trespasser in possession is only entitled to sue in trespass persons who are not the true owners of the land. As against a trespasser, possession attaches to title or ownership of the land in dispute and if he sues one who has a better title to the land than himself, he cannot succeed.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Kyari v. Alkali & Ors (2001) NLC-2241993(SC) at pp. 35–36; Paras A–B.
"Long possession cannot found a claim of declaration of title to land, damages for trespass and perpetual injunction against the true owner of title to such land. A trespasser in possession is only entitled to sue in trespass persons who are not the true owners of the land. As against a trespasser, possession attaches to title or ownership of the land in dispute and if he sues one who has a better title to the land than himself, he cannot succeed."
EXPLANATION / SCOPE
Long possession by a trespasser does not support a declaration of title against the true owner. The trespasser may sue third parties (strangers) for trespass, but not the true owner. Possession is not title—the true owner’s better title prevails. The trespasser cannot obtain a declaration of title, damages for trespass, or injunction against the true owner based solely on possession. Adverse possession must be proved under the statute, but even then, the true owner’s title is extinguished only after statutory period. Until then, the true owner’s title is superior. The trespasser’s possession does not defeat ownership. Title, not possession, determines the right to sue for trespass against the true owner.