Root Of Title

Root of title is a document that shows the ven
dor owns the property and has a valid right to sell the land if it is unencumbered. The Supreme Court in the case of Elegushi V. Oseni (2005) 14 N.W.L.R (pt 945) at 348. Apty stated five types of ownership (legal):
1.  By traditional Evidence
2.  By acts of ownership extending over a sufficient length of time, which acts are numerous and positive enough to warrant the inference that they are owners.
3.  By acts of long possession and enjoyment of the land in dispute.
4.  By production of the documents of title, which must be authenticated.
5.  By proof of possession of connected or adjacent land in circumstance rendering it probable that the owners of such connected or adjacent land would in addition be the owners of the land in dispute.
There are certain conditions that must be satisfied for a document to be considered a good root of title. First and foremost it must transfer both legal  and equitable interest in the property . it must also clearly described the property and the extent of interest being conveyed. It must not be subject to any higher interest over the property and nothing on the face of the title should cast doubt on its authenticity.
Examples Of Documents Constituting Good Root Of Title.
1.  Deed of gift
2.  Duly perfected Deed of Assignment.
3.  Deed of legal mortgage; transfers legal interest. A valid legal mortgage is a good root of title when the power of the mortgage to sell the mortgaged property has arisen.
4.  Land certificate Title acquired by a subsequent purchaser of registered estate.
5.  Certificate of purchase; certifies sale of land pursuant to a court process.
6.  Assent and probate.
Note that a certificate of occupancy may be a good root of title if it is granted in respect of a statutory or customary grant of a right of occupancy pursuant to section 5 and 6 of the Land use Act, or there is any corroborative to prove title like long possession. And on the other land when it is granted by the state. Note also that it would not be considered a good root of title with respect to a deemed grant under section 34 section 36 or the Land Use Act.
In conclusion I will like to state that confirming the title of a vendor as deduced by him is of essence. The vendors title needs to be investigated to see whether any defect exist. And this is done by way of search conducted in all places and office where there maybe particulars or details of the property. In course of searches at the relevant land registry and its decisions where the land is a subject of litigation, it will be necessary also to conduct searches at the relevant courts to confirm the status of the suit. But if the land is a native land the prospective buyer must ensure he is dealing with the principal members of the family.

Nkechi Bright Ewere