LEGAL PRINCIPLE: PROPERTY LAW – Proof of Title to Land – Production of Documents of Title as Method of Proof
PRINCIPLE STATEMENT
Production of documents of title is one of the recognized methods of proving title to land.
RATIO DECIDENDI (SOURCE)
"Production of documents of title, is of course, one of the four ways of proving title to land."
EXPLANATION / SCOPE
This principle acknowledges documentary proof as one of the traditional methods of establishing land title in Nigerian law. The “four ways” of proving title to land are: (1) traditional history (proving derivation of title from original owner or family through historical accounts); (2) acts of ownership and possession (proving long, open, notorious, and undisputed exercise of ownership rights); (3) production of documents of title (deeds, grants, certificates of occupancy, registered instruments); and (4) acts of long possession and enjoyment of the land. Documentary evidence method involves producing instruments showing how title was acquired—grant from government, deed of conveyance from previous owner, certificate of occupancy, letters of allocation, registered title documents, etc. This method is particularly important under modern land law where statutory titles (certificates of occupancy under the Land Use Act) have replaced much customary tenure. The strength of documentary proof varies: registered documents enjoy statutory presumptions of validity; unregistered documents may prove transactions but with less weight; defective documents may be inadmissible or have limited probative value. The principle recognizes that while documents are important evidence of title, they are not the only method—particularly in areas where customary law applies and formal documentation has traditionally been limited. Even strong documentary evidence may be challenged by proof of fraud, forgery, or superior equitable claims. Production of documents alone may be insufficient if the documents don’t establish a complete chain of title or if possession contradicts documentary claims. The principle thus treats documents as one evidentiary tool among several, each with strengths and limitations, with the best evidence often being a combination of documentary proof, possession, and corroborating testimony about how title was acquired and exercised.