AN APPRAISAL ON PROOF OF TITLE TO LAND UNDER NIGERIAN LAWS

ABSTRACT The right of the citizens to own property in any part of Nigeria is a fundamental right guaranteed under the Constitution. This right is not absolute, although the overnment cannot compulsorily revoke the right or acquire land from a holder except as provided under the law with respcct to payment of adequate ation in the event of such compulsory acquisition or revocation. The acquisition of land by persons undoubtedly is for several purposes and the State obviously have recourse to various socio-legal considerations when granting rights of occupancy to interested persons. Customary land tenure is indigenous to Nigeria, whereby the right of ownership of land is vested in the family, village or community Multiple claims to the same land is a prevalent e in Nigeria, often stemming from unclcar boundaries, informal transactions, or historical dispu sputes, motility and pockets of laws governing the acquisition and ownership of land. This situation arises when different parties assert ownership rights over a particular piece of land. In Nigeria, the scarcity and disarray of government land records present a significant obstacle to securing property rights. Outdated, incomplete, and poor resord keeping impede the process of obtaining clear information about land titles. This deficiency leads to uncertainty and disputes, hindering economic development. This study therefore identified the various ways of proving title to land under Nigerian Laws, examined the best evidence rule in proving title to land under Nigerian Laws. It discovered that in a situation of conflicting claims, when the issue as to which of the two Claimants has a better right to a piece of land in dispute, the law will ascribe such possession and/or occupation to the person who proves a better title. It was also found out that although a Certificate of Occupancy raises presumption of title and exclusive possession, it can be invalidated ifissued to a person without knowledge of an already existing legal interest on the same Land. In the light of the above findings, recommendations were made to remedy the situation.