Identity, Identification and Survey Plan in Land Litigation in Nigeria

Abstract

Survey plans are key aspects of land administration and management and have been incorporated as part of land related legislations across the globe and in Nigeria. They play important roles as prima facie evidence of ownership to a land in dispute when tendered by the claimant or the defendant during litigation processes in the court of law. The position of the law is that survey plans might not be necessary in instances where there is proper identification of the land in dispute vide pleadings and evidence. Why then are survey plans deemed necessary in land litigation? On what accounts or grounds can they be discountenanced as prima facie evidence in law? These questions were answered and discussed in this paper, as part of efforts geared towards a better understanding of the vagaries of land litigation processes when land related conflicts arise. The paper is doctrinal, journals, textbooks, published and unpublished articles, notes, internets, online books and journals, seminar papers, law reports, judgments and a host of others in the field of law were consulted in arriving at the findings. The theory adopted for the research is the theory of identification. Survey plan is an essential part of any land transaction; land purchasers should ensure that they survey their land and same be done by a registered surveyor so that it will be useful during litigation.