To prove title to your land in Akwa Ibom might sound like an easy task but there are certain criterias one must fulfil. Do you own a land in Akwa Ibom which another party is now laying adverse claim to, and you are wondering how to prove title to your land in Akwa Ibom? Are you in Court over a disputed landed property and you are trying to prove your title to the landed property? The foregoing are 5 ways to prove your title to land and can guide you in your task;
- Traditional evidence: The claim of traditional evidence ownership has to be proven not on paperbut rather through traditional lineage. To acheive this, it is important to demonstrate that he, she or their ancestors were the first settlers of the land. The normal way to do this is through examining the history of how that land became first obtained, worked and settled by a family or community. One has to substantiate how he or his forefathers/forebearers may have originally obtained that land and the usual resort would be the testimony from elders or chiefs who are alive and were witnesses of the history of this land. Land passed down through generations under native law and customs can be claimed by inheritance. It can be proved that ownership of the land was inherited from their ancestors in line with the customary succession practices. This can be acheived by oral history, community recognition, or testimony from elders to demonstrate that the land has been in the family for generations.
- Production of documents of title duly authenticated unless they are documents twenty years old or more produced from proper custody: One of the ways to prove ownership of land is by producing valid title documents. Title documents serve as legal proof of a person’s right to own, possess, or use a specific piece of land. The key title documents that can be used to prove ownership of land are duly authenticated Certificate of Occupancy, Deed of Assignment/Conveyance, Power of Attorney or Deed of Gift. Please note that where the title document is 20 years or more and is produced from proper custody, it is not a requirement that the title document should be duly authenticated.
- Acts of possession in and over the land in dispute: The acts of possession must extend over a sufficient lenght of time, numerous and positive enough as to warrant the inference that the person in possession are the true owners. Acts of possession include farming, building, or leasing the land, even in the absence of formal title documents and can be proved when one can show that they or their family have been in open, peaceful, and continuous possession of the land for a long period. Evidence could include testimonies from neighbors, elders, or other members of the community who can confirm the acts of possession.
- Acts of long possession and enjoyment of other land so situated and connected with the land in dispute by locality or similarity that the presumption under Section 46 of the Evidence Act applies and the inference can be drawn that what is true of one piece of land is likely to be true of the other piece of land: If one can prove that he has been in possession of another land connected with the land in dispute in the same area, it would be presumed that the land in dispute belongs to the said party
- Proof of possession of connected or adjacent land: Proving that one has been in possession of the adjacent land to the land in dispute raises the presumption on the probability that the owner of such connected or adjacent land would in addition be the owner to the land in dispute.
Conclusion
To successfully prove ownership of land, it is advisable to combine title documents with acts of possession or traditional evidence, depending on the nature of the land in question. It is also essential to ensure that all legal documents are properly executed, stamped, and registered to strengthen the claim.
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