LEGAL PRINCIPLE: LAND LAW – Trespass – Proof of Possession – Cultivation as Sufficient Act of Possession
PRINCIPLE STATEMENT
The slightest evidence of possession is enough for an owner to maintain trespass; cultivation, erecting a fence, or demarcating with pegs or survey beacons may constitute sufficient acts of possession.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Adeniran v. Alao & Anor (2001) NLC-901995(SC) at pp. 15–16; Paras E–A.
"An owner of land who has not alienated it by way of lease or tenancy is prima facie entitled to damages if a third party goes upon the land without his consent. The slightest evidence of possession by him is enough. ... it has in fact been held that to cultivate a piece of land, erect a fence thereon, demarcate it with pegs or survey beacons may be sufficient act of possession in certain circumstances."
EXPLANATION / SCOPE
An owner who has not alienated the land needs only the slightest evidence of possession to maintain trespass. Cultivation, fencing, demarcation with pegs or survey beacons may constitute sufficient acts of possession. The owner need not physically occupy every part of the land. The standard is minimal—enough to show the owner treated the land as their own. The principle protects owners from the burden of proving continuous physical presence. The defendant’s mere entry without consent establishes trespass once possession is shown. The owner does not need to prove exclusive possession against all the world—only enough to show they had possession at the time of the alleged trespass. The slightest act of ownership suffices.
