EPITOME AND ABSTRACT OF TITLE

The process of sale of land also involves a period where the title of the owner of the property is investigated to know whether it is legal, original and genuine.

Investigation and deducing of title involves a search at different registry where land instrument are registered to trace the title document of the vendor in other to deduce the title of the property.

In Conveyancing Act states, the law prescribes, the length of years for deducing title to be a minimum of 40 years. However, a legal title free from any encumbrance is a good title and it is immaterial that there is a minor defect in the title of the vendor provided such defect does not go to the root of the title, it may be cured by indemnity offered by the vendor.

Abstract of title is a written account, arranged in a chronological order of the contents of tittle deeds and other documents relating to a particular property.

Epitome of title contains date of the document, names of the parties therein, the event and its nature which relates to land. it is often resorted to as  result of simple method of deed registration in Nigeria.

Under Registration of Titles Law, abstract or epitome of title may not be necessary as the state upon registration of title, guarantee the vendor's title.

The Property and Conveyancing Law requires that the root of title should be traced to not more than 30 years back while the Vendor and Purchaser Act 1874 stipulates 40 years for other states.

Section 130 of the Evidence Act states that recitals in a deed which is 20 years old at the date of the contract, unless proved to be inaccurate, are deemed sufficient evidence of the truth of such fact. see also Bank v. Webb (1958)1 all E.R 126.

Advantages of Epitome of Title

·        It enables the purchaser to raise requisitions on title

·        The purchaser through epitome of title will know if there is any defect in the vendors title

·        The purchaser’s solicitor base his report on it

Elements of Good Root of Title

·        The title should disclose all the interests in the property both legal and equitable

·        It must not be subjected to higher interest than the one disclosed

·        It must sufficiently describe the property

·        It must cast no iota of doubt on the integrity of the title.

Examples of Good Root of Title

·        An assent

·        A deed of lease

·        A legal mortgage

·        Equitable mortgage by deed accompanied by memorandum under seal

·        Registered titles

·        Certificate of title

·        Deed of assignment

Examples of Bad Root of Title

·        Power of attorney

·        A lease agreement

·        Equitable mortgage

·        A conveyance subject to mortgage

·        Certificate of Occupancy; this is not a conclusive proof of title, but a conclusive evidence of proof of a good title., its becomes a good root of title:

·        When its granted by state

·        Customary owners under deemed grant

·        Buyers from the original owner

How to Investigate or Search for Title to Land

Purchaser's solicitor may verify the epitome or abstract of title through the following ways;

·        Register of title in the registration district

·        Search in the appropriate land registry, companies registry and probate registry.

·        Investigation of court judgement and orders

·        Inspection of original document of title

·        Investigating traditional title of the owner

·        Physical inspection of the property

Procedure to Conduct a Search

·        Letter written or forms filled depending on jurisdiction

·        Depose to affidavit in Lagos

·        Attach two passport photograph

·        Payment of search fees..