Across jurisdictions and legal systems, one recurring and costly mistake continues to deprive buyers of land they genuinely believed they owned: failure to secure a valid deed. From our collective experience as property lawyers, conveyancers, and litigators, disputes over land ownership almost always trace back to informal transactions, missing documentation, or reliance on receipts and verbal assurances.
Land is not lost because buyers fail to pay for it; land is lost because buyers fail to document, perfect, and legally protect their interests. A deed is not a mere formality—it is the legal foundation upon which ownership stands.
This article explains why buyers lose land without deeds, drawing from judicial decisions, academic authorities, and real-world conveyancing practice.
What Is a Deed and Why Does It Matter?
A deed is a formal written instrument that transfers, confirms, or evidences an interest in land. At common law, a deed is distinguished by its formality, intention to be legally bound, and enforceability.
Megarry & Wade describe deeds as “the most solemn form of assurance known to the law.” This solemnity explains why courts place enormous weight on deeds in resolving land disputes.
Without a deed:
- Ownership cannot be clearly proven
- Priority against competing claims is lost
- Rights may remain purely equitable
The Illusion of Ownership Without Deeds
From our experience, many buyers assume ownership based on:
- Payment receipts
- Witness statements
- Possession of the land
- Verbal agreements
While these may indicate intention, they do not confer legal title.
In Savage v Uwaechia (1972) 3 SC 214, the Supreme Court emphasized that land ownership must be proved with strict and cogent evidence, not informal arrangements.
Key Reasons Buyers Lose Land Without Deeds
1. Inability to Prove Legal Title
Courts require documentary proof of ownership.
In Idundun v Okumagba (1976) 9–10 SC 227, the Supreme Court set out the recognized methods of proving title to land, including:
- Traditional evidence
- Documents of title
- Acts of ownership
Among these, documents of title carry the greatest weight. Without a deed, buyers struggle to meet this burden.
2. Equitable Interest Is Inferior to Legal Title
A buyer without a deed usually holds only an equitable interest.
In Osho v Foreign Finance Corporation (1991) 4 NWLR (Pt. 184) 157, the court held that where there is a conflict between a legal estate and an equitable interest, the legal estate prevails.
Practical effect: A later buyer with a registered deed may defeat an earlier buyer without one.
3. Exposure to Multiple Sales and Fraud
One of the most common scenarios we encounter is double or multiple sales of the same land.
A seller who issues only receipts can resell the land to another buyer who later secures a deed and registers it.
In such cases, courts almost invariably favor the buyer with the perfected legal title.
4. Receipts Are Not Documents of Title
Payment receipts merely acknowledge money received.
In Ogunbambi v Abowab (1951) 13 WACA 222, the court held that a receipt for land purchase is not a document of title and does not confer ownership.
Yet many buyers mistakenly rely solely on receipts.
5. Failure to Comply with Writing Requirements
Most jurisdictions require contracts for the sale of land to be in writing.
In Lawal v Younan (1961) All NLR 245, oral land contracts were declared unenforceable.
Without a deed or written agreement, buyers often have no enforceable rights.
6. Lack of Registration and Priority
Registration provides public notice and protects priority.
In Ogunleye v Oni (1990) 2 NWLR (Pt. 135) 745, the court stressed that a purchaser who fails to register their interest does so at their own risk.
Unregistered interests are vulnerable to later registered interests.
7. Government Acquisition and Compensation Issues
Where land is acquired by the state, compensation is typically paid only to those with legally recognized title.
Buyers without deeds often lack standing to claim compensation.
8. Inadmissibility of Unstamped or Informal Documents
Stamp duty laws render unstamped documents inadmissible in evidence.
In Akingbade v Elemosho (1964) 1 All NLR 154, the court refused to admit unstamped land documents.
Without a properly executed and stamped deed, buyers lose crucial evidentiary protection.
Case Study: A Common Loss Scenario
Buyer A pays for land and receives a receipt and possession. No deed is executed.
Seller later sells the same land to Buyer B, who executes a Deed of Assignment, obtains consent, and registers title.
In litigation, Buyer B almost always succeeds because legal title prevails over equitable possession.
Academic Perspectives
According to Cheshire & Burn, conveyancing systems prioritize certainty and publicity. Deeds and registration exist to replace secrecy with legal clarity.
Buyers who operate outside this system assume avoidable risks.
How Buyers Can Protect Themselves
From our experience, buyers should:
- Insist on a proper deed
- Conduct title searches
- Perfect title through registration
- Engage qualified legal counsel
These steps dramatically reduce the risk of land loss.
Frequently Asked Questions (FAQs)
1. Can possession alone prove land ownership?
No. Possession without documentary title is weak against legal title.
2. Is a receipt enough to prove ownership?
No. Receipts are not documents of title.
3. Can I later obtain a deed after buying land?
Yes, but delays increase risk, especially if disputes arise.
4. Why do courts prefer deeds?
Because deeds provide certainty, traceability, and legal enforceability.
5. What is the safest proof of ownership?
A properly executed, stamped, and registered deed.
Conclusion
Buyers lose land not because they lacked intention, but because they lacked documentation. From our collective professional experience, land ownership without a deed is ownership in name only.
A deed transforms payment and possession into legally protected ownership. Without it, buyers remain exposed to fraud, multiple sales, government acquisition, and loss of priority.
For buyers across the globe, the lesson is simple but profound: no deed, no secure land ownership.
This article is for educational purposes only and does not constitute legal advice. Readers should seek jurisdiction-specific professional guidance before purchasing land.
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