LAND LAW — Title to Land — Identity of Land — Need for Defined Area for Declaration of Title
Principle Statement
In an action for declaration of title, it is the duty of the plaintiff to show quite clearly the area of land to which his claim relates. One of the ways of showing the specific area claimed is to file a plan of the area; such plan being properly orientated, drawn to scale and accurate and reflecting the boundary features. A court will not grant a decree of declaration of title in respect of an undefined area.
Ratio Decidendi (Source)
Per Tobi, JSC, in Aremu v. Adetoro (2007) NLC-123-418-2001(SC) at p. 5; Paras A–B.
"In an action for declaration of title, it is the duty of the plaintiff to show quite clearly the area of land to which his claim relates. One of the ways of showing the specific area claimed is to file a plan of the area; such plan being properly orientated, drawn to scale and accurate and reflecting the boundary features. A court will not grant a decree of declaration of title in respect of an undefined area."
Explanation / Scope
A plaintiff seeking a declaration of title must clearly define the area of land claimed. A survey plan is the primary method of doing so, and it must be accurate, properly oriented, drawn to scale, and reflect boundary features. A court will not grant a declaration of title for an undefined or vague area.
