For quite some time, newspapers and online platforms have been filled with stories of people losing money in fraudulent land transactions. In many of these cases, buyers believed they had legitimately purchased land, only to discover later that someone else had a better claim to it.
One major reason for such disputes is the failure to verify whether the seller actually has good title to the land.
In simple terms, good title refers to legally sound ownership of property that is free from disputes or competing claims. When a seller represents that they have good title, it means they have the lawful authority to transfer the land and that the buyer’s ownership will not be easily challenged by third parties.
The concept is recognised under the Land Act, 2020 (Act 1036), particularly section 64.
The Duty to Ensure Good Title
The law places responsibility on a person acquiring land to ensure that the title being transferred is a good one. This requirement exists primarily to protect buyers from future litigation.
To achieve this, a purchaser must investigate the root of title, which refers to the source from which the seller’s ownership is derived. This investigation typically begins at the contract for sale stage and continues until the final transfer of the land.
Sources of Good Title Under the Land Act
Section 64 of the Act identifies several recognised sources from which good title may arise.
First, title may be derived from an enactment. This occurs where legislation itself vests ownership of land in a particular person or entity.
Second, title may come from a grant, vesting order, or conveyance from the State. In such cases, the State directly transfers ownership or an interest in the land.
Third, good title may arise from a final judgment of a competent court. Where a court has conclusively determined ownership of land, that judgment can form the basis of a valid title.
Finally, the law recognises certain long-standing interests in land as good title. A grant, acquisition under customary law, conveyance, assignment, or mortgage that is at least thirty years old may qualify, provided it clearly establishes that the person transferring the land is entitled to do so.
When a Court Judgment is Not Enough
Although a court judgment may establish title, the law makes an important qualification. A judgment cannot serve as a good root of title where there are conflicting decisions from courts of coordinate jurisdiction.
Courts of coordinate jurisdiction are courts that operate at the same level within the judicial hierarchy. For example, two High Courts sitting in different locations may both hear land disputes. If such courts give inconsistent judgments over the same land, the resulting uncertainty means neither judgment can safely serve as a reliable root of title.
Investigating the Root of Title
The investigation of title is one of the most important steps in a land transaction.
Generally, the law recognises a thirty-year period as the standard root of title. This means that where a person claims ownership through documents, those documents should ordinarily trace ownership back at least thirty years.
Where this requirement is satisfied, a purchaser will usually not be required to demand documents that predate that thirty-year period. The law assumes that earlier recitals contained in those documents are correct unless there is evidence to the contrary.
However, where a purchaser fails to carry out proper investigation, the law will treat that purchaser as having notice of matters that could have been discovered through reasonable inquiry. A buyer who neglects this duty may therefore lose the protection normally available to a purchaser who pays for the land in good faith and without knowledge of defects in the title.
In equity, such a protected purchaser is sometimes described as “equity’s darling.”
The Role of Contract Terms
Although these rules apply generally, the law recognises the freedom of parties to structure their agreements differently. Where a contract expressly indicates a contrary intention, that agreement may modify the extent of the investigation required.
However, buyers should exercise caution before agreeing to such limitations, as they may increase the risk of acquiring a defective title.
A Practical Lesson for Buyers
Land transactions involve significant financial commitments, and mistakes can lead to years of litigation. The rules on good title therefore serve an important protective function.
Before purchasing land, it is not enough to rely on verbal assurances or informal documents. Proper investigation of the root of title remains the most effective safeguard against acquiring land that is already subject to competing claims.
