IS COURT JUDGEMENT A VALID TITLE TO A LAND?
A court judgment, on its own, is NOT TYPICALLY referred to as a title to land since it is not a deed of assignment, a certificate of occupancy, a registered conveyance, or other generally accepted titles to land. However, under Nigerian law, a court judgment can become a valid root of title. That means that it can serve as evidence that someone is legally entitled to own or possess a piece of land.
To understand this properly, we must remember that in Nigeria, there are several recognized ways a person can establish ownership of land. These include things like first settlement, long possession, production of documents of title, and also, a court judgment. So, if someone goes to court to resolve a land dispute and the court delivers a clear and final judgment declaring that person the rightful owner of the land, that judgment can serve as proof of title.
However, it does not stop there. A judgment that grants ownership or possession still requires the successful party to take steps to perfect their interest. This may include registering the Judgement against the CofO or registered title at the Lands Registry, obtaining Governor’s Consent, applying for regularisation (when the land in question is under ratifiable government acquisition), amongst others before they can enjoy full title rights to the land
Also, it is important to note that not every court judgment qualifies as a title. Interim or procedural rulings do not confer ownership. The judgment must be final, unambiguous, and must clearly state the rights of the parties. Where the court merely confirms an already existing title, it strengthens the claimant’s position, but does not by itself become the source of title.
In general, be VERY cautious when dealing with properties having court judgment as title. Not every judgment qualifies as a valid title, and unless you fully understand the judgment and its effect, you should not market or purchase such property. Property disputes can drag on for years, and even where a judgment has been delivered, it may still be subject to appeal (especially if it is from a lower court or was recently issued). To be safe, ALWAYS engage a real estate lawyer who can investigate the background of the dispute and properly interpret the legal weight of the judgment before you proceed.
In conclusion, while a court judgment can serve as a legitimate root of title, it is not automatically a title to land in itself. The strength of such a judgment depends on its clarity, finality, and the steps taken afterward to perfect ownership. Always seek legal guidance before relying on a court judgment in any land transaction to avoid costly mistakes.
_Disclaimer: This information is provided for general information purposes only and is not intended as legal advice. Always consult a qualified real estate lawyer for guidance on property transactions._
Ayobayo Babade Esq, ACIArb (UK), FIMC, is a seasoned Lagos Lawyer and a Partner at
Tope Babade & Co
Tel. +234-813-834-4488
