LEGAL PRINCIPLE: LAND LAW – Registration of Titles – Indefeasibility of Title – Effect of Sections 48 and 54 of Registration of Titles Law
PRINCIPLE STATEMENT
Under sections 48 and 54 of the Registration of Titles Law, once a plot is registered, the title to it is indefeasible.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Onagoruwa v. Akinremi & Ors (2001) NLC-1911997(SC) at p. 22; Paras A–B.
"In view of sections 48 and 54 Registration of Titles Law, Cap.21 of Lagos State which say that once one has registered a plot, the title to it is indefeasible (see also the case of Onashile v. Barclays Bank D. C.O & Ors. (1963) 1 All NLR 310; (1963) 2 SCNLR 229 these plots became ascertainable."
EXPLANATION / SCOPE
Sections 48 and 54 of the Registration of Titles Law expressly declare that once a plot is registered, the title becomes indefeasible. This is the core of the Torrens system. The registered proprietor’s title cannot be defeated by any unregistered interest or defect in the chain of title. The principle is statutory, not merely common law. The cases (e.g., Onashile v. Barclays Bank) affirm this indefeasibility. The registered owner need not prove the root of title beyond the register. The register is conclusive evidence of ownership. The principle provides certainty and finality in land ownership. Exceptions are limited to fraud or statutory rectification. The registered title is paramount.