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Solomon Islands Consolidated Legislation |
LAWS OF SOLOMON ISLANDS
[Revised Edition 1996]
CHAPTER 133
LAND AND TITLES
ARRANGEMENT OF SECTIONS
SECTION
PART
I
PRELIMINARY
1. SHORT TITLE
2. INTERPRETATION
PART
II
ADMINISTRATION
3. THE COMMISSIONER OF LANDS AND HIS OFFICERS
4. DUTIES
AND POWERS OF COMMISSIONER
5. DUTIES AND POWERS OF COMMISSIONERS
OFFICERS
6. THE REGISTRAR AND HIS OFFICERS
7. DUTIES OF REGISTRARS
OFFICERS
8. PROTECTION OF OFFICERS
PART
III
SETTLEMENT OF UNREGISTERED
DOCUMENTARY TITLES
9. DEFINITIONS
10. VOLUNTARY APPLICATION FOR FIRST
REGISTRATION
11. REGISTRATION WITHOUT APPLICATION
12. COMPULSORY
APPLICATION FOR FIRST REGISTRATION ON CONVEYANCE OR ASSIGNMENT
13. COMPULSORY
APPLICATION FOR FIRST REGISTRATION ON LEASE OR MORTGAGE
14. COMPULSORY
APPLICATION FOR REGISTRATION AND PENALTY
15. COSTS
16. APPLICATION ON
BEHALF OF JOINT OWNERS
17. PROTECTION OF OWNERS IN CERTAIN CASES
18.
PROCEDURE, AND POWERS OF REGISTRAR
19. ADJUDICATION OFFICER
20. PERSONAL
REPRESENTATIVES AND GUARDIANS
21. INTERESTS TO BE REGISTERED
22. MATTERS
AFFECTING INTERESTS REGISTERED UNDER THIS PART
23. CONVERSION OF CERTAIN
LEASES
24. PUBLIC LAND
25. REVISION OF CERTAIN RENTS
26. ESTATES DEEMED
TO HAVE BEEN TRANSFERRED OR GRANTED BY COMMISSIONER
27. CONVERSION OF
MORTGAGES, LEASES AND OTHER INTERESTS
28. COMMISSIONER TO ACCOUNT FOR
RENT
29 LIMITATION
30. DELIVERY AND CUSTODY OF DEEDS REGISTERS
PART
IV
SYSTEMATIC SETTLEMENT
31. DESIGNATION OF LAND SETTLEMENT AREAS
32.
APPOINTMENT OF OFFICERS
33. GENERAL POWERS OF OFFICERS ENGAGED IN
SETTLEMENT
34. STAYING OF ACTION AND RESTRICTION ON DEALINGS
35.
SETTLEMENT SECTIONS
36. NOTICE BY SETTLEMENT OFFICER
37. MAKING OF CLAIMS
AND ATTENDANCE
38. SAFEGUARDING OF RIGHTS OF PERSONS UNDER DISABILITY OR
ABSENT
39. LOCAL COMMITTEES
40. NOTICE OF DEMARCATION
41. DUTIES OF
DEMARCATION OFFICER
42. DUTIES OF SURVEY OFFICER
43. SPECIAL POWERS OF
DEMARCATION OFFICER
44. PREVIOUSLY REGISTERED LAND
45. DUTIES OF RECORDING
OFFICER
46. PRINCIPLES ON WHICH RECORD IS TO BE MADE
47. SETTLEMENT
RECORD
48. SPECIAL POWERS OF SETTLEMENT OFFICER
49. WHERE INDIVIDUAL
SETTLEMENT IS IMPRACTICABLE
50. CLAIMS BASED ON DOCUMENTS OF TITLE
51.
MINOR MODIFICATION OF SETTLEMENT SECTION
52. DOCUMENTS PRODUCED IN SUPPORT OF
CLAIM
53. NOTICE OF COMPLETION OF SETTLEMENT RECORD
54. PETITION AGAINST
DECISIONS OF DEMARCATION, SURVEY AND RECORDING OFFICERS
55. CORRECTION OF
ERRORS
56. CERTIFICATE OF FINALITY
57. APPEALS
58. THE RECORDING OF
OWNERSHIP DEEMED TO BE A TRANSFER BY COMMISSIONER
59. VACANT LAND BROUGHT
UNDER PUBLIC CONTROL
PART
V
PURCHASE OR LEASE OF CUSTOMARY
LAND BY PRIVATE TREATY,
AND
COMPULSORY ACQUISITION OF LAND
Division 1- Purchase or Lease of Customary Land
60. PURCHASE OR LEASE OF CUSTOMARY LAND BY
COMMISSIONER
61. APPOINTMENT OF ACQUISITION OFFICER
62. BOUNDARY
DEMARCATION AND AGREEMENT
63. PUBLICATION OF NOTICE
64. HOLDING OF PUBLIC
HEARING
65. RECORD
66. APPEALS
67. IMPLEMENTATION
68. PART
IMPLEMENTATION AND RESCISSION
69. POSSESSION AND VESTING
70.
REGISTRATION
Division 2 - Compulsory Acquisition of Land
71. LAND MAY BE ACQUIRED FOR PUBLIC PURPOSE
72. NOTICE
IN RESPECT OF REGISTERED LAND
73. NOTICE IN RESPECT OF UNREGISTERED
LAND
74. DUTY OF DISTRICT COMMISSIONER TO ASSIST CLAIMANTS AND OTHERS.
75.
EFFECT OF DECLARATION.
76. APPEALS
77. ALTERATION OF REGISTER
78.
OCCUPIER MAY REMAIN IN POSSESSION PENDING NOTICE TO VACATE
79. CLAIM FOR
COMPENSATION
80. SPECIAL PROVISION AS TO EASEMENTS
81. PAYMENT OF
COMPENSATION
82. TEMPORARY OCCUPATION OF LAND
83. ASSESSMENT OF
COMPENSATION
84. COMPENSATION FOR CUSTOMARY LAND
85. COSTS
PART
VI
ORGANISATION AND ADMINISTRATION
OF LAND REGISTRIES
Division 1-Land Registries
86. REGISTRATION DISTRICTS
87. LAND REGISTRIES
88.
THE LAND REGISTER
89. COMPILATION OF LAND REGISTER
90. MANNER OF
REGISTRATION
91. NEW EDITIONS OF REGISTER
92. CANCELLATION OF OBSOLETE
ENTRIES
Division 3-Maps, Parcels and Boundaries
93. REGISTRY MAP
94. CORRECTION OF REGISTRY MAP
95.
NEW EDITIONS OF REGISTRY MAP
96. MUTATION
97. BOUNDARIES
98. PARTY
WALLS
99. COMBINATIONS AND SUBDIVISIONS
PART
VII
LAND OWNERSHIP
100. CONVERSION OF ESTATES HELD BY PERSONS OTHER THAN
SOLOMON ISLANDERS
101. REDUCTION OF FIXED-TERM ESTATES AND REGISTERED
INTERESTS TO 75 YEARS
102. COMMISSIONER TO HOLD PERPETUAL ESTATES
103.
PROVISION FOR DEVELOPMENT OF LAND
104. REGISTRATION OF FIXED-TERM
ESTATE
105. COMPANIES TO BE CAUGHT BY THIS PART
106. PROHIBITION OF
LEASING PRIOR TO RECEIVING A FIXED-TERM
ESTATE
107. COMPENSATION
PROVISIONS
108. EXEMPT PERSONS
PART
VIII
REGISTRATION
109. INTEREST CONFERRED BY REGISTRATION
110. RIGHTS OF
OWNER
111. VOLUNTARY TRANSFER
112. PERPETUAL ESTATES
113. FIXED-TERM
ESTATES
114. OVERRIDING INTERESTS
115. RIGHT OF WAY
116. WHAT
INSTRUMENTS REGISTRABLE OR TO BE REGISTERED
117. INSTRUMENTS INEFFECTUAL
UNTIL REGISTERED
118. PROTECTION OF PERSONS DEALING IN REGISTERED
INTERESTS
119. EXONERATION OF THE REGISTRAR
120. PROTECTION FOR PERSONS
DEALING WITH COMMISSIONER
121. ADDITIONAL FEE FOR DELAYED
REGISTRATION
122. POWER TO COMPEL REGISTRATION
123. PRIORITY OF REGISTERED
INTERESTS
124. STAY OF REGISTRATION
125. MERGER OF REGISTERED
INTERESTS
126. CORPORATIONS
127. SPOUSES TO BE TREATED AS SEPARATE
PERSONS
128. PERSONS TRANSACTING WITH THEMSELVES
PART
IX
SEARCHES AND CERTIFIED
COPIES
129. INSPECTION
130. CERTIFIED COPIES
131.
EVIDENCE
PART
X
ESTATES
132. TRANSFERS AND GRANTS BY THE COMMISSIONER
133.
IMPLIED OBLIGATIONS INCIDENT TO ESTATES
134. FORM AND REGISTRATION OF
TRANSFERS AND GRANTS
135. RENTS
136. COMMISSIONER'S RIGHT OF
FORFEITURE
137. EFFECT OF FORFEITURE ON LEASES
138. NOTICE BEFORE
FORFEITURE
139. RELIEF AGAINST FORFEITURE
140. RESTRICTION AND EFFECT OF
SUBDIVISION
141. TERMINATION AND SURRENDER OF ESTATES
142. QUALIFIED RIGHT
TO RENEWAL OF FIXED-TERM ESTATES
PART
XI
LEASES
143. LEASES
144. CONDITIONS FOR CONSENT OF
COMMISSIONER
145. PERIODIC TENANCIES
146. REGISTRATION OF LEASES
147.
AGREEMENTS IMPLIED IN LEASES ON PART OF LESSOR
148. AGREEMENTS IMPLIED IN
LEASES ON PART OF LESSEE
149. MEANING OF "IN REPAIR"
150. LESSOR'S CONSENT
TO DEALING WITH LEASE
151. LEASE OF CHARGED ESTATE OR LEASE
152. FUTURE
LEASES AND DURATION OF LEASES
153. DISPOSITION OF LEASES FOR LIMITED
PERIODS
154. HOLDING OVER
155. LESSOR'S RIGHT OF FORFEITURE
156. EFFECT
OF FORFEITURE ON SUB-LEASE
157. NOTICE BEFORE AND RELIEF AGAINST
FORFEITURE
158. SUBDIVISION OF LEASES
159. VARIATION AND EXTENSION OF
LEASES
160. SUBLEASES
161. SURRENDER OF LEASE
162. TERMINATION OF
LEASES TO BE REGISTERED
PART
XII
CHARGES
163. FORM AND EFFECT OF CHARGES
164. SUPPLEMENTARY
PROVISIONS RELATING TO CHARGES
165. CONSOLIDATION AND FURTHER
ADVANCES
166. VARIATIONS AND SUBCHARGES OF CHARGES
167. DISCHARGE OF
CHARGES
168. OBLIGATIONS IMPLIED IN CHARGES
169. CHARGEE'S CONSENT TO
TRANSFER
170. ACTION FOR RECOVERY OF DEBT
171. ENFORCEMENT OF
CHARGES
PART
XIII
TRANSFERS
172. TRANSFER
173. MATTERS IMPLIED IN TRANSFER
174.
NO TRANSFER OF PART WITHOUT SUBDIVISION
175. IF TRANSFER INSTRUMENT
UNOBTAINABLE
PART
XIV
CONTROL OF
ADVERTISEMENT
176. CONSENT OF COMMISSIONER REQUIRED FOR
ADVERTISEMENT
177. PARTICULARS TO BE CONTAINED IN ADVERTISEMENT
178.
GROUNDS FOR REFUSING CONSENT
PART
XV
EASEMENTS AND PROFITS
179. EASEMENTS
180. CONTRIBUTION TO REPAIRS
181.
PROFITS
182. RELEASE AND EXTINGUISHMENT OF EASEMENTS AND PROFITS
183.
EXTINGUISHMENT AND MODIFICATION OF EASEMENTS AND PROFITS BY THE COURT
PART
XVI
PUBLIC RIGHTS OF WAY
184. DEFINITIONS
185. PUBLIC RIGHT OF WAY
186.
CREATION OF PUBLIC RIGHT OF WAY
187. ORDER TO BE NOTED IN LAND
REGISTER
188. COST OF SURVEY ETC
189. COMPENSATION
190. EXTINCTION OF
PUBLIC RIGHT OF WAY
PART
XVII
RESTRICTIVE
COVENANTS
191. INTERPRETATION
192. REGISTRATION OF
RESTRICTIONS
193. RELEASE AND VARIATION OF RESTRICTIONS
194. DURATION OF
RESTRICTIONS
PART
XVIII
CO-OWNERSHIP AND
PARTITION
195. CO-OWNERSHIP
196. OWNERSHIP IN COMMON
197.
PARTITION
198. WHEN REGISTRAR MAY ORDER SALE
199. PROCEDURE WHERE SHARE
SMALL
200. JOINT OWNERSHIP
PART
XIX
INSTRUMENTS AND
AGENTS
201. FORM OF INSTRUMENT
202. EXECUTION OF
INSTRUMENTS
203. VERIFICATION OF EXECUTION
204. STAMPS
205. DISPOSAL OF
INSTRUMENTS
206. INFANTS AND PERSONS WHO ARE MENTALLY INFIRM
207. POWERS
OF ATTORNEY
208. EFFECT OF REGISTERED POWERS OF ATTORNEY
PART
XX
TRANSMISSION AND
TRUSTS
209. TRANSMISSION ON DEATH OF SOLE OWNER OR OWNER IN
COMMON
210. TRANSMISSION IN OTHER CASES
211. TRANSMISSION ON
BANKRUPTCY
212. TRUSTS
213. CAPITAL MONEY UNDER TRUSTS
214. STATUTORY
TRUSTS
215, EFFECT OF TRANSMISSION BY DEATH
216. TRANSMISSION ON DEATH OF
JOINT OWNER
217. CONSTRUCTION OF THIS PART
PART
XXI
JUDGMENTS, WRITS AND VESTING
ORDERS
218. EXECUTIONS, JUDGMENTS AND PENDING ACTIONS
219.
VESTING ORDERS AND INSTRUMENTS
PART.
XXXII
CAVEATS
220. LODGING OF CAVEATS
221. EFFECT OF CAVEAT
222.
REGISTRARS CAVEAT
223. DURATION OF CAVEATS
PART
XXIII
PRESCRIPTION
224. ACQUISITION OF LAND BY PRESCRIPTION
225.
PRINCIPLES OF ADVERSE POSSESSION
226. ACQUISITION OF EASEMENTS AND PROFITS BY
PRESCRIPTION
227. TRANSITIONAL PROVISIONS RELATING TO PRESCRIPTION
PART
XXIV
RECTIFICATION OF LAND REGISTER,
INDEMNITY AND
REGISTRAR'S
POWERS
228. RECTIFICATION BY REGISTRAR
229. RECTIFICATION BY
THE COURT
230. INDEMNITY
231. ERRORS IN SURVEY
232. REGISTRAR'S
POWERS
233. APPEALS AGAINST REGISTRAR
PART
XXV
SURVEY
234. POWER TO ENTER AND SURVEY
235. POWER TO REQUIRE
CLEARANCE OF SURVEY LINES
236. REPAIR OR REPLACEMENT OF BOUNDARY
MARKS
237. REMOVAL OF BOUNDARY MARKS
235. COMPENSATION
PART
XXVI
CUSTOMARY LAND
239. CUSTOMARY LAND
240. DEALINGS IN CUSTOMARY
LAND
241. RESTRICTIONS ON DISPOSITION OF CUSTOMARY LAND
242. DECLARATION
OF LAND AS CUSTOMARY LAND
PART
XXVII
OFFENCES
243. TRESPASS
244. OBSTRUCTION OF SURVEYOR,
ETC.
245. GENERAL OFFENCES.
246. CONTEMPT OF THE REGISTRAR
247.
OFFENCES UNDER PART XIV
PART
XXVIII
MISCELLANEOUS
248. LICENCES BY COMMISSIONER
249. SIGNIFICATION OF
MINISTER'S POWERS UNDER CERTIFICATES OF
POSSESSION
250. PRESERVATION
ORDERS FOR PLACES OF PUBLIC INTEREST
251. PRESUMPTION AS TO AGE
252.
SERVICE OF NOTICES
253. CASES NOT PROVIDED FOR
254. JURISDICTION OF LOCAL
COURTS
255. CUSTOMARY LAND APPEAL COURTS
256. APPEALS TO AND FROM
CUSTOMARY LAND APPEAL COURTS
257. JURISDICTION OF THE HIGH COURT
255.
ATTORNEY-GENERAL MAY INTERVENE
259. FEES
260. REGULATIONS
261. CROWN TO
BE BOUND
262. TREATIES TO PREVAIL IN CASE OF CONFLICT
--------------------------------------------
6
of 1968
1l of
1970
18 of
1972
8 of
1974
11 of
1974
11 of
1977
14 of
1978
LN 88 of
1978
12 of
1979
24 of
1979
9 of
1985
2 of
1987
4 of
1987
19 of 1988
AN ACT TO AMEND DECLARE AND CONSOLIDATE THE LAW RELATING
TO THE TENURE OF LAND, THE ACQUISITION OF LAND, THE REGISTRAR OF INTERESTS
IN
LAND, TO OTHER LIKE PURPOSES AND TO MATTERS INCIDENTAL THERETO AND CONNECTED
THEREWITH
[1st January 1969]
PART
I
PRELIMINARY
Short
title
1. This Act may be
cited as the Land and Titles
Act.
Interpretation
LN
88 of 1978
24 of 1979, s.
2
4 of 1987, s.
42
2.-(1) In this Act,
except where the context otherwise require:-
"Adjudication Officer" means a person appointed as Adjudication Officer pursuant to section 19;
"advertise" means to publish, whether through an agent or otherwise, a statement or indication that an interest in land (including any interest in land forming part of the assets of any company or other corporate body) is for sale or that offers may be made for such interest or company or other corporate body and includes -
(a) publication in a newspaper, magazine, periodical, circular or other writing intended to be made available to the public or prospective purchasers or prospective purchasers or offerors; and
(b) Publication on radio, television or other media, of such a statement or indication and "advertisement" and "advertise any interest in land" shall be construed accordingly;
"appoint", in relation to a personal representative, means to make a grant of probate of a will, or of letters of administration of the estate, of a deceased person; and "appointment" in relation to a personal representative has a corresponding meaning;
"authorised officer" means a person, or a member of a class of persons, specified to be an authorised officer by regulations made pursuant to section 260;
"boundary mark" means any survey stone, metal pipe or spike, wooden peg or post, concrete post or pillar, or other survey mark used for the purpose of indicating a boundary;
"building" includes any structure or erection and any part of a building, structure or erection, and any plant or machinery which is embedded or otherwise rigidly attached in its place;
"caveator" means a person who has lodged, under Part XXII, a caveat which has not lapsed or been withdrawn or removed from the land register;
"charge" means an interest in land securing the payment of money or money's worth and includes a subcharge and the instrument creating a charge;
"chargee" means the owner of a charge;
"chargor" means the owner of a charged interest;
"commencement date" means the date of commencement of this Act;
"the Commissioner" means the Commissioner of Lands;
LN 88 of 1978
"court" means any court which has jurisdiction in relation to the subject-matter of the proceeding in question;
"current customary usage" means the usage of Solomon Islanders obtaining in relation to the matter in question at the time when that question arises, regardless of whether that usage has obtained from time immemorial or any lesser period;
"customary land" means any land (not being registered land, other than land registered as customary land, or land in respect of which any person becomes or is entitled to be registered as the owner of an estate pursuant to the provisions of Part III) lawfully owned, used or occupied by a person or community in accordance with current customary usage, and shall include any land deemed to be customary land by paragraph 23 of the Second Schedule to the repealed Act;
"dealing" includes disposition and transmission;
"Demarcation Officer" means a Demarcation Officer appointed pursuant to section 32 (2);
LN 88 of 1978
"demarcation plan" means a plan prepared in pursuance of section 42;
"disposition" means any act inter vivos by an owner whereby his rights in or over the land comprised in his interest are affected, but does not include an agreement to transfer, lease or charge;
"document of title" means a grant, lease or other document evidencing title to an interest other than an interest in land held under current customary usage;
"easement" means a right attached to a parcel of land either to use other land in a particular manner or to restrict its use to a particular extent, but does not include a profit;
"economic tree" means a tree which, or the products of which, have a cash value;
"estate", except in section 253 (2), means a perpetual estate or a fixed-term estate as defined in Part VIII;
"file" means place in the relevant parcel file;
"guardian" means a person who, according to law, is empowered to act on behalf of a person who is either under the age of twenty-one years or incapable, by reason of mental infirmity, of acting;
"inheritance" does not include acquisition under the terms of a will;
"instrument" includes any deed, judgment, decree, order, declaration or other document;
"interest", where used in relation to land, includes, unless the context otherwise requires, an estate, a lease, a profit, an easement and a charge; and "person interested" has a corresponding meaning;
"land" includes land covered by water, all things growing on land and buildings and other things permanently fixed to land but does not include any minerals (including oils and gases) or any substances in or under land which are of a kind ordinarily worked for removal by underground or surface working;
"land register" means the land register compiled under Division 2 of Part VI;
"lease" means the grant, with or without consideration, by the owner of an estate of the right to the exclusive possession of the land comprised in that estate or any part thereof, and includes the right so granted and the instrument granting it, and includes a sublease and any periodic tenancy, but does not include an agreement for lease;
"lessee" means the owner of a lease;
"lessor" means the person who has granted a lease or his successor in title;
"licence" means a permission given by the owner of an estate or by a lessee which allows the licensee to do some act in relation to the land comprised in the estate or the lease which would otherwise be a trespass, but does not include a lease, an easement or a profit;
"local court" means a court established under the Local Courts Act;
Cap. 19
"owner", in relation to a registered interest, means the person in whose name the interest is for the time being registered; and, in relation to customary land, it means the person or persons who is or are, according to current customary usage, regarded as the owner or owners of the land; and "own" has a corresponding meaning;
"parcel", in relation to registered land, means an area of land separately demarcated on the registry map;
"preservation order" means an order made pursuant to section 250 (1);
"a profit" means a right to go on the land of another to take a particular substance from that land, whether the soil or the products of the soil, and includes the taking of wild animals;
"public land" means land which is shown by the register to be vested for a perpetual estate in the Commissioner for and on behalf of the Government;
"public road" has the meaning ascribed to it in the Roads Act;
Cap. 129
"public service" means the service of the Government;
LN 88 of 1978
"Recording Officer" means a Recording Officer appointed pursuant to section 32 (2);
"road" includes a public road;
"the register" means the leaf of the land register kept in respect of a registered estate or lease;
"to register" means to make an entry in the land register under this Act, and "registered" "unregistered" and "registration" bear a corresponding meaning;
"registrable", in relation to an instrument, means required to be registered or capable of registration under this Act;
"the Registrar" means the Registrar of Titles or, where a Deputy Registrar or Assistant Registrar has been authorised under section 7 (1) to perform or exercise any particular duty or power, that Deputy Registrar or Assistant Registrar so far as concerns that duty or power;
"registry map" means the map or series of maps referred to in section 93;
"the repealed Act" means the Land and Titles Act repealed by section 238(1)*;
13 of 1959
Cap. 56
(Rev. Ed. 1961)
*This reference is to s. 238(1) of Act No. 6 of 1968 - See Cap. 93, 1969 Revised Edition (Page 3767).
"river" includes a stream, canal, creek, or other watercourse, natural or artificial, the bed of which is normally not less than ten feet in width;
"settlement area" means a land settlement area designated under section 31;
"Settlement Officer" means a Land Settlement Officer appointed pursuant to section 32(1);
LN of 1978
"Settlement Record" means a Settlement Record prepared under section 47;
"settlement section" means a settlement section constituted under section 35;
"Solomon Islander" means a person born in Solomon Islands who has two grand-parents who were members of a group, tribe or line indigenous to Solomon Islands;
11 of 1977, s,2
"statutory trusts" means the trusts declared by section 214(1);
"survey" includes boring and the digging of trial holes and taking of levels;
"Survey Officer" means a Survey Officer appointed pursuant to section 32(2);
LN 88 of 1978
"Surveyor" means a Surveyor registered under section 4(2) of the Land Surveys Act or appointed under section 3;
Cap. 134
"the Surveyor-General" means the chief surveyor in the public service;
LN 88 of 1978
"transfer" means the passing of an interest by act of the parties and not by operation of law, and also the instrument by which such passing is effected;
"transmission" means the passing of an interest from one person to another by operation of law on death or insolvency or otherwise howsoever, and includes the compulsory acquisition of interests in land under any law for the time being in force in Solomon Islands;
"value" includes marriage, but does not include a nominal consideration;
"will" includes a codicil and any other testamentary instrument.
(2) Where an interest exists in
any land, that land is said to be comprised in that interest.
(3) Where
an interest in land is held subject to the payment of any rent or the
performance of any obligation, that rent or that obligation
is said to be
incident to that interest.
(4) An obligation is a requirement of the
performance or of the abstention from performance, of an act or series of acts;
and a person
who complies with the requirement is said to perform the
obligation.
PART
II
ADMINISTRATION
The Commissioner of
Lands and his Officers
LN 88 of
1978
3. This Act shall be
administered by a Commissioner of Lands who shall be assisted by a Registrar of
Titles and such and so many Deputy
Commissioners of Lands, Surveyors, Deputy
Registrars, Assistant Registrars, Title Examiners and other
officers.
Duties and Powers of
Commissioner
LN 88 of
1978
4.- (1) It shall be
the duty of the Commissioner, in addition to his other duties specified in this
Act, to advise the Minister, as
often as he may be requested so to do,
concerning land policy in Solomon Islands.
(2) The Commissioner may, by
notice, delegate the control and management, subject to such conditions and
restrictions (if any) as
he may specify in such notice, of any interest in land
vested in him to any officer in the public service or any Local Government
Council.
11 of 1974.s.5
(3)
The Commissioner shall have the power to institute or defend any proceedings
under his official title.
(4) The Commissioner shall have power to hold
and deal in interests in land for and on behalf of the Government, and, subject
to any
general or special directions from the Minister, to execute for and on
behalf of the Government any instrument relating to an interest
in
land.
(5) In exercise of his powers under subsection (2) of section 143,
section 144, subsection (2) of section 172 and Part XIV the Commissioner
shall
act in accordance with the advice of the Minister:
Provided that the
Minister may by notice in writing to the Commissioner dispense with the
requirement of this subsection in any case
or class of cases as may be specified
in the notice.
24 of 1979,
s.3
Duties and powers of
Commissioner's
officers
5.- (1) Every
officer (other than the Commissioner) referred to in section 3 shall, except in
respect of any power or duty specifically
conferred or imposed upon him by this
Act, be subject to the directions of the Commissioner and shall, subject to such
directions,
perform such duties and exercise such powers of the Commissioner as
may be specified in the conditions of his appointment or as may
be from time to
time assigned or delegated to him by the Commissioner.
(2) Any person
aggrieved by a decision of any of the officers (other than the Commissioner or
the officers mentioned in section 6
(1)) referred to in section 3 may refer the
matter to the Commissioner, who may confirm or rescind the decision or
substitute for
it any decision which could lawfully be given in accordance with
the provisions of this Act.
(3) The Surveyor-General shall have the power
to institute or defend any proceedings under his official
title.
LN 88 of
1978
The Registrar and his
officers
6.- (1) The land
registries shall be administered by the Registrar of Titles, who shall be
assisted by such and so many Deputy Registrars,
Assistant Registrars, Title
Examiners and other officers as may be appointed.
(2) The Registrar shall
have the power to institute or defend any proceedings under his official
title.
Duties of Registrar's
officers
18 of 1972,
s.2
7. Every officer
(other than the Registrar) referred to in section 6 (1) shall be subject to the
directions of the Registrar and shall,
subject to such directions, perform such
duties and exercise such powers of the Registrar as may be specified in the
conditions of
his appointment or as may be from time to time assigned or
delegated to him by the
Registrar.
Protection of
officers
8. No action
shall be brought against any of the officers referred to in sections 3 and 6 in
respect of anything done or omitted to
be done by him in good faith in the
execution or purported execution of his powers and duties under this
Act.
PART
III
SETTLEMENT OF UNREGISTERED
DOCUMENTARY TITLES
Definitions
9.
- (1) In this Part-
"assignment" means a transaction whereby the ownership of an existing leasehold interest in land passes from one person to another person, or from one person to himself and other person jointly, other than transaction as an immediate result of which the leasehold interest merges in the reversion expectant thereon and is extinguished, or a transaction (not being a mortgage);
"conveyance" means a transaction (not being a mortgage) whereby the ownership of a freehold interest in land passes from one person to another person, or from one person to himself and another person jointly;
"deeds register" means a register book, register or file of memorials within the meaning of the Land Registration Act;
Cap 50
Rev. ED. 1948
"freehold interest in land" means an estate in fee simple absolute in possession or any interest in land of a similar nature and based upon a document of title;
"leasehold interest in land" means the interest of a tenant arising by virtue of a lease of land;
"mortgage" means a transaction whereby a freehold interest, or an existing registrable leasehold interest, in land becomes charged with the payment of a sum of money by the owner thereof to some other person, or to himself and some other person jointly, or whereby a freehold interest, or an existing registrable leasehold interest, in land passes, subject to a right of redemption (whether express or implied), from one person to another person, or from one person to himself and another person jointly; but it does not include a mere deposit of deeds for securing the payment of a sum of money;
"native land" has the meaning assigned to it by the Land Act;
Cap 49
Rev. Ed. 1948
"the previous law" means the law in force immediately before the 1st February, 1963;
"registrable leasehold interest in land" means a leasehold interest in land created by a lease which, if made after the 1st February, 1963, would be required to be registered;
"repealed Regulation" means a Regulation or Act repealed by the repealed Act, or a Regulation or Act repealed before the 1st February, 1963.
(2) For the purposes of this Part, a
transaction is deemed to have occurred when a devise or bequest of an interest
in land takes
effect beneficially (whether by assent thereto or otherwise), or
when an interest in land to which some person becomes beneficially
entitled
(that is to say, otherwise than merely as administrator) on the death of another
person intestate (so far as that interest
is concerned) becomes vested in the
first-mentioned person
beneficially.
Voluntary application for
first registration
LN 88 of
1978
10. - (1) Any person
who claims to hold otherwise than by way of mortgage, a freehold interest or a
leasehold interest in any land may
apply to be registered as the owner of the
interest; every such application shall be made to the Registrar in the
prescribed form,
which shall contain an application to the Surveyor-General to
provide the necessary survey information and an undertaking to pay
the fees for
any survey work required, where such information is not furnished with the
application.
(2) The Registrar shall not register the applicant as the
owner of an interest until the survey information and any other data he
requires
is available.
(3) An application for registration may be made in
pursuance of subsection (1) by a corporation whether sole or aggregate
notwithstanding
any provision to the contrary contained in or implied by the
terms of its articles or memorandum of association, charter or other
constitution, and any such application, together with any statutory declaration
appertaining thereto, may be made on behalf of the
corporation by a director or
the secretary of the corporation or by an attorney appointed in that behalf by
the corporation under
its common seal, or in the case of a local authority by
the clerk of the authority.
(4) The Commissioner may apply to be
registered as the owner on behalf of the Government of the perpetual estate in
such land-
(a) below mean low water; and
(b) between the points of mean high water and mean low water,
as vested in him
under paragraphs (a) and
(b) of section 47 (1) of the repealed
Act.
(5) The filing with the Registrar of an application for registration
of an interest in land under subsection (1) shall, for the purposes
of Order 53
of the High Court (Civil Procedure) Rules, made pursuant to the powers conferred
by the Western Pacific (Courts) Order
in Council 1961 (which said Order 53
relates to injunctions and interim preservation of property) be deemed to be the
issue of a
writ in an action, and any person who may prima facie appear to the
High Court to object or be likely to object to the registration
of the interest
according to the tenor of the application, shall be deemed to be a defendant to
the action.
S.I.
1961
No. 1506
(6)
This section is to be read and construed and be subject to the provisions of
Part VII and subsections (3) and (4) of section
112.
11 of 1977,
s.3
Registration without
application
11. The
Registrar may, without any application being made to him in that behalf,
register as owner of an interest in land any person
who, according to
satisfactory information in his possession, would be entitled, under the
provisions of this Part, to be registered
as such owner upon making application
to the Registrar.
Compulsory
application for first registration on conveyance or
assignment
12. Every
conveyance of a freehold interest and every assignment of a registrable
leasehold interest in land executed after the 1st
February, 1963 shall be
ineffectual until application for registration in respect of the interest
conveyed or assigned, shall have
been made under section 10 by the grantee, that
is to say, the person who is entitled to be registered as the owner of that
interest
by virtue of the conveyance or assignment, and for the purposes of this
section, in relation to any conveyance or assignment that
would otherwise have
been void under paragraph 4 of the Second Schedule to the repealed Act, the
Registrar shall be deemed to have
extended indefinitely, under paragraph 6 (1)
of the said Second Schedule, the period of six months within which application
for registration
was required to be made.
Compulsory
application for first registration on lease or mortgage
13. Every grant
of a lease executed after the 1st February, 1963, being a grant whereby a
registrable leasehold interest is created,
and every mortgage executed after the
1st February, 1963, shall be ineffectual until application for registration in
respect of the
interest out of which the lease or mortgage is created, shall
have been made under section 10 by the grantor or mortgagor, that is
to say, the
person who is entitled to be registered as the owner of that interest, and for
the purposes of this section, in relation
to any grant or mortgage that would
otherwise have been void under paragraph 5 of the Second Schedule to the
repealed Act, the Registrar
shall be deemed to have extended indefinitely, under
paragraph 6 (1) of the said Second Schedule, the period of six months within
which application for registration was required to be made:
Provided
that, subject to section 15, such application may be made by the grantee or
mortgagee.
Compulsory application for
registration and penalty
11 of
1977, s.4
14.-(1) Any
person claiming to be the owner of a freehold or leasehold interest shall prior
to the 1st December 1977 make an application
to the Registrar (which may not be
withdrawn) either to register his freehold or leasehold interest or to surrender
the whole or
any part of his freehold or leasehold interest to the Commissioner
and in default of so doing shall be liable for each day after
the 1st December
1977 to a fine of $50.00 which shall be deemed to be on the date when judgment
is obtained a debt due to the Commissioner
and a charge in his name over such
freehold or leasehold interest.
(2) On application for registration in
accordance with subsection (1) any survey fees which become payable consequent
upon the application
shall be payable over a period of five years or over such
longer period in cases of genuine hardship as the Commissioner may
agree.
(3) Where any person applies under subsection (1) to surrender the
whole or any part of his freehold or leasehold interest then the
Commissioner
shall provide a document for execution by any such person to give effect to the
surrender.
(4) Any person who applies to surrender any part of his
freehold or leasehold interest shall not thereby avoid the requirement of
subsection (1) to apply for the registration of the remainder of his freehold or
leasehold interest and a person claiming to be the
owner of both freehold and
leasehold interests must register
both.
Costs
15.-(1)
The costs of and incidental to an application under section 10 shall be paid by
the applicant and may be required by the Registrar
to be paid in
advance.
(2) The Registrar may, subject to subsection (3), order any
person who appears to him to benefit from the registration of any interest
owned
by that person, to pay the costs of and incidental to such
registration.
(3) The grantor or mortgagor shall, in the absence of any
agreement to the contrary, be liable to pay the costs of and incidental
to any
application under the proviso to section 13.
(4) For the purposes of this
section the costs of an incidental to registration shall include reasonable
costs incurred by persons
required by the Registrar to furnish information,
statutory declarations and affidavits and to produce
documents.
Application on behalf of
joint owners
16.- (1)
Where a freehold interest or a leasehold interest in any land is or becomes
vested in two or more persons as joint owners,
any one of such persons may apply
for the registration of all of such persons as joint owners of the interest
under this Act.
(2) The Registrar shall, upon receiving such application,
take such steps as he may consider appropriate to bring the application
to the
attention of such of the joint owners as did not make the
application.
Protection of owners in
certain cases
17. - (1)
The Registrar shall not register any person applying for registration as owner
of an interest otherwise than in accordance
with the tenor of the application,
or refuse to register such person as owner of an interest, unless he has
previously afforded that
person an opportunity to be heard, nor shall the
Registrar dispose of any application by a grantee or mortgagee under the proviso
to section 13 without first giving the grantor or mortgagor an opportunity to be
heard.
(2) The Registrar shall not register as owner of
an interest any person who has not applied to be so registered, unless he has
previously
afforded that person an opportunity to be heard.
(3) The
provisions of subsections (1) and (2) shall not apply to any case in which the
Registrar acts pursuant to an order of the
High
Court.
Procedures, and powers of
Registrar
18. - (1)
Before registering any person as owner of an interest under this Part, the
Registrar shall satisfy himself as to all matters
requisite for the purpose of
effecting the registration.
(2) For the purpose of so satisfying himself
the Registrar may in addition to exercising any other power he may possess
-
(a) accept as evidence recitals, statements and descriptions of the facts, matters and parties in deeds, documents or statutory declarations not less than twenty years old, copies of orders of any court, memorials of registration under any Regulation or Act concerning the registration of instruments relating to or affecting land, and any other matter contained or recorded in any deeds register;
(b) give effect to any judgment or order of a court affecting land, notwithstanding that a memorial thereof was not registered in the manner required by the Land Registration Act;
Cap. 50
Rev. Ed. 1948
(c) inspect or cause to be inspected any land, with a view to ascertaining the nature of the interest therein (if any) owned by any person appearing to be in lawful occupation thereof;
(d) publish in the Gazette or in such manner as he shall consider to be adequate or most effective for the purpose of bringing them to the attention of all persons affected thereby, advertisements of his intention to effect the registration, and accept as evidence any information gained by him as a result of any response, or the lack of any response, to such advertisements;
(e) refer any matter or question to the Commissioner or to the Provincial Secretary for report or decision, and accept as evidence such report or decision when made or given;
LN 88 of 1978
(f) refer any matter or question to an Adjudication Officer for report or decision, and accept as evidence such report when made.
(3) Where the Registrar refers any
matter or question for report or decision pursuant to the powers conferred upon
him by subsection
(2), any person who has been afforded, by the person to whom
such matter or question is referred, an opportunity to be heard during
the
course of the investigation or decision of the matter or question shall, for the
purpose of section 17, be deemed to have been
afforded an opportunity to be
heard by the Registrar.
Adjudication
officer
19. - (1) The
Registrar may appoint any person to be an Adjudication Officer for the purposes
of section 18 (2) (f).
(2)
Where the Registrar refers any question to the Adjudication Officer for
decision, the Adjudication Officer shall, (subject to
any regulations which may
be made) adopt such procedure for deciding the question as it appears to him to
be appropriate, and he
shall not be bound by any rules of evidence.
(3)
The decision of the Adjudication Officer shall be in writing, and copies of it
shall be served upon every person affected by it.
(4) If any person
aggrieved by the decision of the Adjudication Officer desires to question it, or
any part of it, on the ground that
it is erroneous in point of law or that the
Adjudication Officer has failed to comply with any procedural requirement of
this Act,
he may, within three months from the service upon him a copy of the
decision, appeal to the High Court.
(5) On any such appeal the Court may,
if satisfied that the decision is erroneous in point of law or that the
interests of the appellant
have been substantially prejudiced by the failure of
the Adjudication Officer to comply with any procedural requirement of this Act,
quash the decision, either wholly or in part, and substitute for the decision,
or the part thereof quashed, such decision as in its
opinion ought to have been
given by the Adjudication Officer and may under section 229 order rectification
of the land register.
(6) The decision of the Court on such application
shall be in writing, and copies of it shall be furnished by the Court to the
appellant
and the Adjudication Officer, and by the Adjudication Officer to every
other person who appears to him to be affected by such decision.
(7) A
decision or order of the Court on such an appeal, and, subject to the provisions
of this section relating to appeal, a decision
of the Adjudication Officer under
this section, shall be final and conclusive and shall not be questioned in any
proceedings whatsoever.
Personals
representatives and
guardians
20. Any
application which could be made under the provisions of this Part by any person,
and any opportunity to be heard which ought
under such provisions to be afforded
to any person, and any notice which is required by such provisions to be served
on any person,
may or shall, if that person be dead or under a disability by
reason of age or mental infirmity, be made by or afforded to or served
on his
personal representative or guardian.
Interests to be
registered
21.-(1) Every
freehold interest in land subsisting at the
1st February, 1963 shall when
registered take effect as a perpetual estate in that land.
(2) Every
leasehold interest in land subsisting at the
1st February, 1963 and created by
-
(a) any certificate of occupation granted in the exercise of any power conferred by any repealed Regulation; or
(b) any lease granted by the Government other than a lease of native land,
shall upon registration take effect,
subject to section 23, as a fixed-term estate for a period equivalent to the
unexpired residue
of the term created by the certificate of occupation or
lease.
(3) (a) Every leasehold interest in land subsisting at the 1st February, 1963, and arising out of a lease of native land shall, subject to the provisions of this Act, continue in force according to its terms and conditions and shall upon registration take effect as a lease of customary land.
(b) Upon the registration of such a leasehold interest as a lease of customary land, the native land in which it subsists shall be registered as customary land.
(4) (a) Subject to the provisions of this section, all land which during the period of twelve years immediately preceding the 1st February, 1963 had been continuously dealt with as public land within the meaning of the Land Act, shall, upon submission to the Registrar of a statutory declaration to that effect by the Commissioner, be registered as public land, unless it is proved that such land was not public land within the meaning aforesaid.
Cap. 49
Rev. Ed. 1948
(b) No land shall be registered as public land in pursuance of this subsection unless notice has been published by the Registrar in such manner as he thinks fit-
(i) of the application by the Commissioner; and
(ii) calling for objections or claims to the contrary to be made within such period, not being less than thirty days, as shall be specified.
(c) The Registrar shall, where any claim or objection is made under subsection (4) (b) of this section, and in any other case may, refer to an Adjudication Officer under section 18 (2) (f), the question of whether or not the land was public land within the meaning of the Land Act.
Cap. 19
Rev. Ed. 1948
Matter
affecting interests registered under this
part
22.- (1) Every
estate or lease which takes effect by virtue of the provisions of this Part
shall take effect and may only be registered
subject to such leases, charges and
other rights and interests as are, by virtue of this Act, applicable
thereto.
(2) Every fixed-term estate and every lease which takes effect
by virtue of section 21, and every perpetual estate which is registered
pursuant
to section 23, shall, subject to the provisions of this Act, take effect and be
registered subject to the same rent and
obligations (if any) as the interest in
substitution for which it takes
effect.
Conversion of certain
leases
23. Where, on the
1st February, 1963, the unexpired residue of the term of any leasehold interest
(being a leasehold interest held immediately
of the High Commissioner) such as
is mentioned in section 21(2) exceeded nine hundred years, the Registrar shall,
if so directed
by the Commissioner (who shall not be bound to give any such
direction), register the owner thereof as owner of a perpetual
estate.
Public
Land
24. Where a
fixed-term estate is registered pursuant to the provisions of this Part, the
Commissioner shall be registered for and on
behalf of the Government as the
owner of the perpetual estate in the land comprised
therein.
Revision of certain
rents
25. - (1) Where an
estate registered pursuant to the provisions of this Part is subject to a rent,
the provisions of section 135 (3)
(which relate to revision of rent) shall not,
save as provided by this section, apply thereto.
(2) Where, if the
previous law had continued to govern the matter, the rent of the estate could
have been revised at intervals of
time greater than those referred to in
subsection (3) of section 135, then the provisions of that subsection shall
apply to the estate
if the first registered owner, at the time of registration,
signifies his consent in that behalf in writing; and in that event the
Registrar
shall enter a memorandum of the consent on the
register.
(3) Where, if
the previous law had continued to govern the matter, the rent of the estate
could have been revised at intervals of
time less than those referred to in
section 135 (3), then the owner of the estate may, on the first occasion on
which it is proposed
to revise the rent, elect in writing that the provisions of
section 135 (3) shall apply to the estate; and in that event the Registrar
shall
enter a memorandum of the election on the
register.
(4) Save as
provided by subsection (2) and (3), the rent of the estate may be revised at the
same intervals, and in the same manner,
as if the previous law had continued in
force.
Estates deemed to have been
transferred or granted by
commissioner
26. Every
estate registered pursuant to the provisions of this Part shall be deemed to
have been transferred or granted by the
Commissioner.
Conversion of Mortgage
leases and other
interests
27.-(1) Subject
to the provisions of this Part upon registration thereof -
(a) every mortgage validly made under the previous law shall take effect as a charge under the provisions of this Act;
(b) every lease validly made under the previous law shall take effect as a lease under the provisions of this Act;
(c) every other transaction affecting land or an interest therein shall, if it was validly made under the previous law, have the like effect as it would have had under the provisions of this Act if it had been effected after the 1st February, 1963.
(2) All personal rights and obligations
existing by virtue of any such mortgage, lease or other transaction as is
mentioned in subsection
(1) shall, subject to the provisions of this Act,
continue in full force and
effect.
Commissioner to account for
rent
28. The Commissioner
shall in respect of every leasehold interest as is mentioned in section 21 (3)
(a) account for the rent received by
him in like manner as if the previous law had continued in
force.
Limitation
29.-
(1) For the avoidance of doubt it is hereby declared that subject to subsection
(2) and Part XXIII (which relates to prescription),
in determining who is or was
at any time the owner of a freehold or leasehold interest in any land, regard
shall be had to the provisions
of the Limitation Act, or of any enactment
repealed thereby, as the case may require, and for this purpose such provisions
shall
be deemed to apply and to have applied to such interests in the same
manner as they apply and applied, to land in
England.
Cap 18
(2) The
provisions of section 227 (2) (which exclude from adverse possession the period
between the 1st February, 1963 and the 3rd
August, 1965) shall apply
mutatis mutandis to the ascertainment
of the aggregate period of limitation under subsection
(1).
Delivery and custody of deeds
registered
30. - (1)
Every person having the custody or control of any deeds register shall when
required by the Registrar hand over such deeds
register to the
Registrar.
(2) The Registrar shall be responsible for the safe custody of
every deeds register handed over to him
PART
IV
SYSTEMATIC SETTLEMENT
Designation of land
settlement areas.
LN 88 of
1978
31. - (1) The
Minister may by order designate any area as a land settlement area.
(2)
Any order made under subsection (1) may at any time, by order, be -
(a) revoked or modified by the Minister; or
(b) modified by the Settlement Officer if it appears to him that the settlement area includes part only of a parcel of customary land separately owned, by varying the limits of such area to include or exclude the parcel.
(3) Every order shall
state the situation and general limits of the land affected.
(4) Every
order shall be published in the
Gazette.
LN 88 of 1978
(5)
Notwithstanding the terms of any order made under this section, no registered
land, save and except land registered as customary
land, shall form part of any
settlement area.
Appointment of
officers
LN 88 of
1978
32.- (1) When an
order has been made under section 31, the Minister shall appoint a Land
Settlement Officer for the settlement area.
(2) The Settlement Officer
shall appoint -
(a) such Demarcation Officers;
(b) with the approval of the Surveyor-General, such Survey Officers; and
(c) such Recording Officers,
as he may consider necessary for carrying out
the demarcation and survey of parcels and the settlement and recording of claims
to
interests in land within the settlement
area.
General powers of officers
engaged in
settlement
33.-(1) The
Settlement Officer shall exercise general supervision and control over the
settlement proceedings and for this purpose he
may issue to the officers engaged
therein such general or particular directions as he thinks necessary for
carrying out the provisions
of this Part.
(2) The Settlement Officer and
a Recording Officer shall be legally competent to administer oaths in any
inquiry conducted for the
purposes of this Act and to issue summonses, notices
or orders requiring the attendance of any person or the production of any
document
as may be needed for the carrying out of the settlement.
(3) A
Demarcation Officer and a Survey Officer shall have all the powers of a Surveyor
under Part XXV.
Staying off action and
restriction on
dealings
34.- (1) Except
with the consent in writing of the Settlement Officer, no proceedings concerning
any interests in land within a settlement
area shall be instituted in any court
until proceedings under this Part have been completed.
(2) Any such
proceedings instituted before the designation as such of the settlement area
under section 31 shall, where practicable,
be heard and determined before
settlement of the parcel affected has commenced; proceedings which have not been
so heard and determined
shall, unless the court otherwise directs, be
transferred for determination by the Settlement Officer.
(3) Except with
the consent in writing of the Settlement Officer no dealings in any land within
a settlement area shall be effected
until the Settlement Record has become final
and any dealing effected in breach of this subsection shall be void and of no
effect.
Settlement
section
35. Within each
settlement area the Settlement Officer shall constitute settlement sections
which may be the whole or divisions of the
settlement area, and shall give each
settlement section a distinctive name or
number.
Notice by settlement
officer
36.- (1) The
Settlement Officer shall prepare a separate notice in respect of each settlement
section and in each such notice he shall
-
(a) specify as nearly as possible the situation and limits of the settlement section;
(b) declare that all interests in land within the settlement section will be ascertained and recorded in accordance with the provisions of this Act;
(c) require any person who claims any interest in land within the settlement section to make a claim thereto either in person or by a duly authorised representative within the period, to the person, at the place, and in the manner specified in the notice; and
(d) require all claimants to an interest in land within the settlement section to cut, mark, or point out the boundaries of the land affected by his claim in such manner and before such date as the Demarcation Office shall specify
(2)
The Settlement Officer shall-
(a) publish such notice in writing at such places as he may consider expedient; and
(b) cause the substance of such notice to be made known throughout the settlement area in such manner as he shall consider to be adequate or most effective for the purpose of bringing it to the attention of all persons affected thereby.
Making
of claims and
attendants.
37.- (1)
Every person claiming any interest in land within the settlement section shall
make his claim in the manner and within the
period specified in the notice
published under section 36.
(2) Every person whose presence is required
by the Settlement Officer or any Demarcation Officer, Survey Officer or
Recording Officer
shall attend in person or by a duly authorised representative
at the time and place required by such Officer and shall produce any
document or
plan in his possession affecting any land within the settlement
section.
(3) If any such person fails to attend in person or by a duly
authorised representative, the demarcation, survey, recording, or settlement,
as
the case may be, may proceed in his
absence.
Safeguarding of rights of
persons under disability or
absent
38.-(1) If the
Settlement Officer or any Demarcation Officer or Recording Officer is satisfied
that any person who has not made a claim,
has a claim to any interest in the
land within the settlement section, such Officer may, but shall not be bound to,
proceed as if
a claim had been made.
(2) Where one or more of several
heirs of a deceased owner claimant, or one or more of a group of heirs having a
separate interest
from another group or other groups appears, his or their
appearance shall be deemed to be the appearance of all the heirs unless
the
Settlement Officer directs otherwise.
(3) If the Settlement Officer,
Demarcation Officer or recording Officer is satisfied that a claim might be
established by a person
under a disability by reason of age or mental infirmity
and no person has been appointed to represent the person under disability,
he
shall appoint a person or persons to represent the person under disability and
shall proceed as if a claim had been
made.
Local
committees
LN 88 of
1978
39. If it appears
expedient to the Settlement Officer, he may, in consultation with the Provincial
Secretary, appoint a committee of
not less than three persons from among any
persons resident in the locality-
(a) to advise him on any point of current customary usage;
(b) to represent the interests of absent persons, minors and persons under disability;
(c) to bring to the attention of officers engaged in the settlement, any claim which for any reason may not have been made; and
(d) to assist generally in the settlement and in any reparcelling of land which may be required.
Notice
of demarcation
40.- (1)
At least two weeks before the demarcation of any settlement section is begun,
the Demarcation Officer shall, in such manner as
the Settlement Officer
considers to be adequate or most effective for the purpose of bringing the
matter to the attention of the
persons affected by it, give notice of the
intended demarcation, stating the time and place at which it will
begin.
(2) Such notice shall require every claimant to indicate the
boundaries of the land affected by his claim in the manner specified
in the
notice.
Duties of demarcation
officer
41. Subject to
any general or particular directions issued by the Settlement Officer, the
duties of the Demarcation Officer shall be
-
(a) to see that the boundaries of each separate parcel are properly demarcated or indicated in accordance with the requirements of the notice given under section 40;
(b) to demarcate rights of way and of water, roads and the boundaries of all vacant land; and
(c) to submit to the Settlement Officer any boundary dispute which he is unable to resolve.
Duties
of survey officer
LN 88 of
1978
42. Subject to any
general or particular directions issued by the Settlement Officer and to any
directions relating to survey standards
and requirements issued by the
Surveyor-General the duties of the Survey Officer shall be to make a survey of
each settlement section
and cause to be prepared a demarcation plan on which
shall be shown-
(a) every separate parcel of land identified by a distinguishing number (except that roads and rivers shall not require to be identified by a number); and
(b) such other details as the Recording Officer may direct.
Special
powers of Demarcation Officer
11 of
1970
Sched
43.
In the performance of his duties the Demarcation Officer may -
(a) where any boundary between separate parcels is curved or irregular or where the layout of the parcels is inconvenient or uneconomic for the reasonable use of the land, lay out a fresh boundary and before completion of the Settlement Record adjust the rights of the owners of interests in the land adjoining such boundary by exchange of land, by the payment of money by one owner to another, or by the creation of a charge;
(b) demarcate any right of way giving access to a road, way, river, creek or foreshore affording reasonable means of access, in favour of any parcel of land completely surrounded by other parcels;
(c) make such alignment of parcels abutting on a road, way, river or foreshore as may be required in the public interest; and
(d) with the agreement of the owner or owners of interests therein, reparcel land, by way of exchange or otherwise.
Previously
registered land
44. Upon
the making of an order under section 31 designating a settlement area, the
Registrar shall furnish the Settlement Officer with
such particulars of every
parcel of registered land situate within the perimeter of the settlement area as
will enable each such
parcel to be identified on the demarcation
plan.
Duties of recording
officer
45.- (1) Subject
to any general or particular directions issued by the Settlement Officer, the
Recording Officer shall consider claims
made in pursuance of any notice
published under section 36 and after such enquiry as he thinks necessary, he
shall compile records
in accordance with the provisions of sections 46 and
47.
(2) If there are two or more claimants to any interest in any land
and the Recording Officer is unable to effect agreement between
them, he shall
submit the case, with particulars of the claims, to the Settlement Officer to
hear and decide.
(3) Where in any parcel of customary land any economic
trees are in accordance with current customary usage owned by a person other
than the owner of the land itself, the Recording officer before completion of
the Settlement Record may adjust the rights of such
owners by the exchange of
land, the payment of money by one owner to another, the creation of a charge or
the grant of a lease or
a profit for the estimated unexpired life of the trees
so that the ownership of the land and the ownership of the trees shall be
vested
in the same person subject to any charge, lease or profit created as
aforesaid.
11 of
1970
Sched
(4) The
Recording Officer shall rectify the records in accordance with any order made by
the Settlement Officer.
Principals on
which record is to be made
18 of
1972, s.3
46.- (1) In
preparing the record under section 47 the Recording Officer shall, if he is
satisfied -
(a) that any person has, in accordance with current customary usage, exercised rights over customary land which amount to, or can be deemed to amount to, rights equivalent to those of the owner of a perpetual estate in land, record that person as entitled to be registered as the owner of a perpetual estate in that land:
Provided that-
(i) where, in respect of any parcel, there are more than one but not more than five such persons he shall -
(A) record whether the rights held by them are such that they are to be registered as joint owners or as owners in common;
(B) where they are to be registered as joint owners, record the nature of the beneficial interests held by them; and
(C) where they are to be registered as owners in common, record the share of each;
(ii) where, in respect of any parcel, there are more than five such persons he shall-
(A) record which of them, being not less than two and not more than five in number, have been appointed by a majority of the whole number to be registered as joint owners holding on trust for the whole number;
(B) record the details of the beneficial interests; and
(C) arrange for the persons appointed to be registered as joint owners to make a statutory declaration for the public purpose of section 195(3);
(b) that no person is entitled to be registered as the owner of a perpetual estate in any particular parcel, record that parcel as vacant land or as customary land as the case may require;
(c) that any person is entitled to any interest which should be registered as an encumbrance affecting any interest in land which is the subject of record under paragraph (a) or as vacant land under paragraph (b), record such particulars as may be necessary to define the nature, incidents and extent of the interest and to enable it to be registered in the name of the person entitled to the benefit thereof and for this purpose, where there is more than one such person, the proviso to paragraph (a) shall apply, mutatis mutandis;
(d) that any interest in land which is the subject of record under paragraph (a) or paragraph (c) is subject to any roads, any rights of way or rights of water, record the latter as encumbrances affecting such interest;
(e) that any land is used for-
(i) a village residential area;
(ii) a burial ground or other place held to be sacred; or
(iii) a village nut or fruit grove, water hole or any other special purpose of a village or other community,
record it as customary
land used for that purpose.
(2) In preparing the record, the Recording
Officer may give effect to any judgment or order of a court of competent
jurisdiction affecting
the land, notwithstanding that a memorial thereof has not
been registered in the manner required by any law in force in Solomon
Islands.
Settlement
record
47. - (1) The
Recording Officer shall prepare and sign in respect of each parcel shown on the
demarcation plan (other than a parcel
which is registered) a record in the
prescribed form containing the following details-
(a) the number of the parcel as shown on the demarcation plan;
(b) either the name and description of the person entitled to be registered as the owner of the perpetual estate in the parcel, with particulars of any restriction on his power of dealing with it, or the fact that the parcel is vacant land or customary land;
(c) such particulars of every other registrable interest affecting the parcel, whether by virtue of current customary usage or otherwise, as will enable it to be registered as a lease, charge, easement or profit, as the case may be, together with the name and description of every person entitled to the benefit thereof and particulars of any restriction on his power of dealing with it;
(d) any obligations to which any interest recorded under paragraphs (b) and (c) is subject, and any encumbrances recorded in pursuance of section 46 (1) (d), to which such an interest is subject;
11 of 1972
Sched
(e) where the owner of any registrable interest in the land is under a disability by reason of age or mental infirmity, the name of his guardian or recognised representative and the nature of the disability;
(f) a list of the documents, if any, produced to the Recording Officer and retained by him; and
(g) the date on which the prescribed form aforesaid is completed.
(2) Where there
are more than five persons entitled, other than as owners in common, to be
registered as owners of an estate or interest
under this
section-
18 of 1972, s.4
(a) if such persons can be identified by a group name such name may be recorded in place of the name and description of each such person;
(b) the record shall in any event contain the names and descriptions of those of such persons who have been appointed to be registered as joint owners of the interest; and
(c) there shall be annexed to the record the statutory declaration made in pursuance of paragraph (ii)(C) of the proviso to section 46(1)(a).
(3)
The completed forms and the demarcation plan shall together be known as the
Settlement Record in respect of the section to which
they
relate.
Special powers of settlement
officer
48.- (1) The
Settlement Officer shall hear and decide-
(a) any dispute as to ownership of any interest in or boundaries of any land within the settlement section submitted to him by the Recording Officer under section 45 or by the Demarcation Officer under section 41; and
(b) any petition under section 54.
(2) In the hearing of any dispute or
petition the Settlement Officer shall make and sign a brief record of the
proceedings and shall
adopt such procedures as appear to him appropriate for the
purpose of the hearing and he shall not be bound by any rules of
evidence.
(3) Where the heirs of a deceased person or other persons claim
as co-owners interests in land which are or can be deemed to be equivalent
to
those of the owner of a perpetual estate, whether the land comprises a number of
parcels or consists of one parcel which is held
in undivided shares, the
Settlement Officer may order a partition of the land among the co-owners in
accordance with any agreement
approved by him, or, failing agreement, in such
manner as he may determine.
(4) In the exercise of his powers under this
section, the Settlement Officer shall have all the powers of a
Magistrate.
Where individual settlement
is impracticable
LN 88 of
1978
49.- (1) If the
Settlement Officer considers that the settlement section or any part of it is
not ready for settlement because the customary
rights in it are not sufficiently
determinate or for any other reason it appears that individual settlement is
impracticable or undesirable-
(a) he may refer the matter to the Minister with a recommendation that the settlement section or the appropriate part of it should be withdrawn from the settlement area under section 31 (2), and the Minister may either make an order under section 31 (2) or refer the matter back to the Settlement Officer with a direction that it be dealt with under paragraph (b); or
(b) he may direct the land to be recorded as customary land.
(2) Land which has
been recorded as customary land may again be declared for settlement under this
Part.
Claims based on document of
title
50. If a claim is
based on a document of title, notwithstanding anything to the contrary in this
Part contained-
(a) the Recording Officer shall refer it to the Registrar for settlement under Part III;
(b) if the Registrar considers that the claim cannot be settled expeditiously he shall report it to the Minister with a recommendation that the settlement area be varied under section 31 (2) by the exclusion of such part thereof as may be appropriate;
LN 88 of 1978
(c) the demarcation plan shall not be completed until the area relating to the claim has been excluded from the settlement area, or the claim has been settled and the Registrar has under section 44 furnished the Settlement officer with particulars of the parcel or parcels concerned.
Minor
mortification of settlement
section
51. If it appears
to the Settlement Officer that a settlement section includes part only of a
parcel of customary land he may by notice
vary the limits of such section to
include or exclude the parcel, and shall publish such notice in the manner
prescribed in section
36(2)
(b).
Documents
produced in support of
claim
52. The Settlement
Officer or the Recording Officer may retain any document produced to him in
connection with any claim or he may return
it to the person who produced it
marked in such manner as the Settlement Officer or Recording officer, as the
case may be, shall
consider
appropriate.
Notice of completion of
settlement Record
53.
When the Settlement Record in respect of any settlement section is complete, the
Settlement Officer shall sign and date a certificate
to that effect and shall
forthwith give notice of the completion thereof in the manner prescribed in
section 36(2) (b) and of the
place and times at which the Settlement Record or
an official copy thereof can be inspected and in such notice shall declare the
period during which and the manner in which petitions under section 54 may be
presented.
Petition against decisions
of Demarcation, survey and Recording
Officers
54. Any person,
including the Commissioner, who is aggrieved by any act or decision of a
Demarcation Officer or Survey Officer or by
any entry in or omission from the
Settlement Record by the Recording Officer under the powers given to those
officers by this Act
may, at any time during the period declared under section
53, petition the Settlement officer in respect of the act, decision, entry
or
omission concerned, and the petition shall be heard and determined by the
Settlement Officer.
Correction of
errors
55. At any time
before the Settlement Record becomes final, the Settlement Officer-
(a) may correct in the Record any error or omission not materially affecting the interests of any persons; and
(b) after taking such steps as he thinks fit, to bring to the notice of every person whose interest is affected, his intention to make any material alteration in the Record which he considers necessary, and after giving such person an opportunity to be heard, may make such alteration.
Certificate
of finality
56. After the
expiration of the period declared under section 53, or when the Settlement
Officer has determined all petitions presented
under section 54, whichever shall
be the later, the Settlement Officer, shall sign and date a certificate to the
effect that the
Settlement Record is final, give in the manner prescribed in
section 36 (2) (b) notice of such
certificate and of the place and times at which an official copy of the final
Settlement Record can be inspected and
deliver to the Registrar for compilation
of registers in accordance with the provisions of section 89, such information
and statutory
declarations as may be required for the purposes of section 195
and the Settlement
Record.
Appeals
57.-
(1) Any person (including the Commissioner) who is aggrieved by any act or
decision of the Settlement Officer and desires to question
it or any part of it
on the ground that it is erroneous in point of law or on the ground of failure
to comply with any procedural
requirement of this Act, may within three months
from the date of the certificate of the Settlement Officer under section 56 or
within
such extended time as the High Court, in the interests of justice, may
allow, appeal to that Court in the prescribed form.
(2) On any such
appeal the Court may, if satisfied that the decision is erroneous in point of
law or that the interests of the appellant
have been substantially prejudiced by
failure to comply with the procedural requirements of this Act, make such order
or substitute
for the decision of the Settlement Officer such decision as it may
consider just and may under section 229 order rectification of
the land
register, and the order or decision of the High Court shall be final and
conclusive and shall not be questioned in any proceedings
whatsoever.
(3)
A decision of the Court on appeal under subsection (1) shall be in writing and
copies of it shall be furnished by the Court to
the Registrar, to the appellant
and to all other parties to the appeal and, by the Registrar, to all other
parties who, in his opinion,
may be affected by the appeal.
(4) Any
person (including the Commissioner) appealing under subsection (1) shall give
notice to the Registrar of his intention to
appeal and the Registrar shall enter
a caveat under section 222 in every register affected by the
appeal.
The recording of ownership
deemed to be a transfer by
Commissioner
58. For the
purposes of section 133, the recording under this Part of the name of any person
as being entitled to be registered as the
owner of a perpetual estate shall be
deemed to be the transfer of such estate by the
Commissioner,
Vacant land brought under
public control
59. Where
land is found to be vacant under the provisions of this Part, the Commissioner
shall be registered as the owner of the perpetual
estate therein for and on
behalf of the Government.
PART
V
PURCHASE OR LEASE OF CUSTOMARY
LAND BY PRIVATE TREATY,
AND
COMPULSORY ACQUISITION OF LAND
Division. I.-Purchase or Lease of Customary Land
Purchase or lease of
customary land by Commissioner
12
of 1979, s. 3
60.
Notwithstanding any current customary usage prohibiting or restricting such
transaction, customary land may be sold or leased to
the Commissioner or any
Provincial Assembly in accordance with the provisions of this
Division.
Appointment of Acquisition
Officer
61.- (1) Whenever
the Commissioner wishes to purchase or to take a lease of any customary land
under section 60, he shall in writing
appoint an Acquisition Officer to act as
his agent for the purposes of the acquisition.
(2) Where a Provincial
Assembly wishes to purchase or to take a lease of any customary land under
section 60, the Provincial Secretary
may appoint an Acquisition Officer to act
as his agent for the purposes of the
acquisition.
12 of 1979,
s.3
(3) The Acquisition Officer shall have all the powers of a
Magistrate for the purposes of administering and taking oaths, affirmations
and
statutory declarations, securing the production of documents and the attendance
and examination of persons whom he believes to
be able to give evidence upon any
of the matters relevant to the acquisition; but he shall not be bound by the
rules of evidence.
Boundary demarcation
and agreement
62. The Acquisition Officer shall -
(a) cause the boundaries of the land to be demarcated on the ground or upon a map or plan in such manner as to bring them to the notice of the persons affected;
(b) make a written agreement for the purchase or lease of the land required with the persons who purport to be the owners or with the duly authorised representative of such owners.
Publication
of notice
63. The
Acquisition Officer shall publish in such manner as he considers to be adequate
or most effective for the purpose of bringing
it to the attention of all persons
affected thereby, notice-
(a) of the agreement made under section 62 (b);
(b) of the arrangements made for a public hearing by him in the area to decide any claims-
(i) that the vendors or lessors named in such agreement are not the owners; or
(ii) that such vendors or lessors do not have the right to sell or lease the land and to receive the purchase money or rent; and
(c) requiring such vendors or lessors and the claimants, if any, to attend.
Holding
of public hearing
64. The
Acquisition Officer shall hold a public hearing in the area in accordance with a
notice published under the last preceding section,
and if-
(a) there are no claimants, he shall record that fact; or
(b) there are any claimants, he shall hear their claims and determine the identity of the persons who have the right to sell or lease the land and receive the purchase money or rent.
Record
65.
The Acquisition Officer shall -
(a) record in writing the absence of claimants or his determination of the claims, as the case may be;
(b) date such record or determination of the claims;
(c) send a copy of such record or determination to the Commissioner; and
(d) as soon as practicable bring the record or determination to the notice of the vendors or lessors and the claimants, if any, in such manner as he considers appropriate.
Appeals
66.-(1)
Any person who is aggrieved by any act or determination of the Acquisition
Officer may within three months from the date of
the record or determination
appeal to a Magistrate's Court and such court may make such order as it
considers just.
(2) Any person who is aggrieved by the order or decision
of the Magistrate's Court and desires to question it on the ground that it
is
erroneous in point of law or in holding that the interests of the appellant have
not been substantially prejudiced by failure
to comply with the procedural
requirements of this Division, may within three months of the date of the order
or decision appeal
to the High Court.
(3) The High Court may, if
satisfied that the order or decision is erroneous in point of law or that the
interests of the appellant
have been substantially prejudiced by failure to
comply with the procedural requirements of this Division, make such order as it
considers just.
(4) The order or decision of the High Court, and subject
to the provisions of this section, the order or decision of the Magistrate's
Court and the act or determination of the Acquisition Officer, shall be final
and conclusive and shall not be questioned in any proceedings
whatsoever.
18 of 1972
s.5
Implementation
67.
Where the Acquisition Officer or, in the event of an appeal under section 66,
the court, has determined that there are no claimants
or has dismissed the
claims, the Commissioner may, when the time limited for appeal under section 66
has expired and no appeal has
been made, or on receipt of the order of the
court, as the case may be, implement the
agreement.
Part Implementation and
rescission
68.- (1) Where
the Acquisition Officer or, in the event of an appeal under section 66, the
court, has determined that any claimant has
established a claim, the
Commissioner may-
(a) implement the agreement made under section 62 (b) only to the extent to which a claim so established has not affected the right of the vendors or lessors named in that agreement to sell or lease any part of the land; or
(b) rescind such agreement.
(2) Where the Commissioner rescinds
an agreement under subsection (1) (b),
he may enter into a fresh agreement relating to the same land or any part
thereof with those persons who have been found by the Acquisition
Officer or the
court, as the case may be, to have the right to sell or lease the land and
receive the purchase money or rent, and
the terms of such fresh agreement may be
implemented without further notice, inquiry or
hearing.
Possession and
vesting
69.- (1) An
agreement shall, for the purposes of sections 67 and 68, be implemented
-
(a) in the case of a purchase of land, by the Commissioner-
(i) paying to the persons named in the agreement as vendors the purchase money;
(ii) taking such other steps as shall be necessary to comply with the terms of the agreement;
(iii) taking possession of the land; and
(iv) making an order vesting the perpetual estate in the land in the Commissioner for and on behalf of the Government, free from all other interests;
(b) in the case of a lease of the land, by the Commissioner-
(i) making an order vesting the perpetual estate in the land in the persons named in the agreement as lessors;
(ii) requiring the persons so named to execute a lease in favour of the Commissioner in accordance with the terms of the agreement;
(iii) paying to such persons any premium or rent payable in accordance with the terms of the agreement; and
(iv) taking possession of the laud;
(c) in the case of a purchase of land by a Provincial Assembly where the Provincial Secretary has appointed an acquisition officer, by the Commissioner-
12 of 1979 s.4
(i) receiving from the Provincial Assembly and paying to the persons named in the agreement as vendors the purchase money;
(ii) requiring the Provincial Assembly to take such other steps as shall be necessary to comply with the terms of the agreement;
(iii) allowing the Provincial Assembly to take possession of the land; and
(iv) making an order vesting the perpetual estate in the land in the Provincial Assembly for and on behalf of the people of that province, free from all other interests;
(d) in the case of a lease of the land by a Provincial Assembly where the Provincial Secretary has appointed an acquisition officer, by the Commissioner-
12 of 1979, s.4
(i) making an order vesting the perpetual estate in the land in the persons named in the agreement as lessors;
(ii) requiring the persons so named to execute a lease in favour of the Provincial Assembly in accordance with the terms of the agreement;
(iii) paying to such persons after receiving the same from the Provincial Assembly any premium or initial payment of rent payable in accordance with the terms of the agreement; and
(iv) allowing the Provincial Assembly to take possession of the land
(2) Where an agreement is
implemented to a limited extent under section 68 (1)
(a), the provisions of subsection (1)
shall be deemed to refer only to the part of the land in respect of which the
agreement is implemented,
and the purchase price, premium or rent, as the case
may be, shall be adjusted accordingly.
(3) If the agreement has not been
rescinded, and has not been implemented, the Commissioner or the vendors or
lessors may, within
one year from the date on which the time limited for appeal
under section 66 expired, or from the date of the order or decision of
the
court, whichever is the later, institute proceedings for specific performance of
the
agreement.
Registration
70.
On receipt of a vesting order made by the Commissioner under section 69 and
after preparation of the registry map, the Registrar
shall compile registers in
respect of the perpetual estate in the land comprised therein in accordance with
the provisions of Part
VI.
Division 2.-Compulsory Acquisition of Land
Land may be acquired for
public purposes
LN 88 of
1978
71.- (1) Whenever it
appears to the Minister that any land is required for any public purpose, he may
make a declaration to that effect
and require the same to be published in such
manner as he shall thinks fit.
(2) The declaration shall specify (either
by reference to a plan or otherwise) the boundaries and extent of the land so
required,
and the general nature of the public purpose for which it is
required.
(3) As soon as may be after the declaration has been made, the
Commissioner shall cause to be posted, in prominent positions on or
near the
boundaries of the land specified in the declaration, notices in the prescribed
form stating the fact that the declaration
has been made and drawing attention
to its effect and to the right to claim compensation conferred by section 79 and
to the liberties
and restrictions conferred and imposed by section
78.
Notice in respect of registered
land
72. Where any land
specified in the declaration is registered land, the Commissioner shall serve on
every owner shown by the land register
to be affected thereby a notice of the
declaration in the prescribed form stating and drawing attention to the matters
which are
to be stated or to which attention is to be drawn in or by a notice
posted pursuant to section
71(3).
Notice in respect of
unregistered land
73. The
Commissioner shall in such manner as he shall consider to be adequate or most
effective for the purpose, give to every person
or group of persons appearing to
him to be, or claiming to be, the owner or owners of interests in any
unregistered land or land
registered as customary land specified in the
declaration, notice of the declaration and its effect and of the rights,
liberties
and restrictions conferred or imposed by the provisions of this
Division.
Duty of provincial secretary
to assists claimants and others
LN
88 of 1978
74. It shall
be the duty of the Provincial Secretary to assist any person or group of persons
requesting him so to do to draw up and
submit any document which such person or
group of persons may desire to draw up and submit for the purpose of exercising
or claiming,
or in connection with the exercise or claim of, any right or
liberty conferred on him or them by the provisions of this Division;
but no
action shall lie against a Provincial Secretary for any failure to perform such
duty or for anything done in good faith in
the performance or purported
performance of such duty.
Effect of
declaration
LN 88 of
1978
75. On the
publication of a declaration that land is required for a public purpose, all
interests in or affecting the land specified
in the declaration shall, subject
to section 76, cease to subsist, and, subject to section 78, the right to use,
occupy and enjoy
the land and any buildings thereon and its produce shall vest
in the Commissioner for and on behalf of the Government, and where
the land is
registered land the Registrar shall, upon application to him by the Commissioner
accompanied by proof of the declaration,
make a note in the registers relating
to the interests in that land that the perpetual estate therein free from all
other interests
is vested in the Commissioner subject to appeal under section
76.
Appeals
76.-
(1) Any person or group of persons having an interest which ceases to subsist by
virtue of section 75 may within six calendar months
next after the publication
of the declaration apply to the High Court for an order quashing the declaration
in so far as it applies
to the land subject to or affected by the interest.
(2) On hearing the application, the Court may, if it considers that the
purpose referred to in the declaration is not a public purpose,
make an order
quashing the declaration; and the Registrar shall on production of the order to
him cancel any note made on any registers
pursuant to section 75.
(3) If,
on hearing the application, the Court considers that the land referred to in the
application, or any part of the land is not
required for the purpose referred to
in the declaration (being a public purpose), it may make an order quashing the
declaration in
so far as it applies to the land not required; and the Registrar
shall on production to him of the order cancel any note made pursuant
to section
75 on any registers in respect of the land affected
thereby.
Alteration of
register
77. Where there
is no appeal under section 76 (1) or the High Court does not quash the
declaration under subsections (2) or (3) of section
76, on application by the
Commissioner, the Registrar shall -
(a) where the land is registered land, register the Commissioner on behalf of the Government as the owner of the perpetual estate in such land and cancel the registration of all other interests in respect of the same land; or
(b) where the land is unregistered land after preparation of the registry map, compile a register in respect of the perpetual estate in such land and register the Commissioner on behalf of the Government as the owner thereof free from all other interests,
and in either case the Registrar shall make a
note in the ownership section of the register relating to such perpetual estate
to the
effect that the land comprised therein has been acquired compulsorily
under the provisions of this
Part.
Occupier may remain in possession
pending notice to
vacate
78.- (1)
Notwithstanding the provisions of section 75, any person who, immediately before
the publication of the declaration, was lawfully
occupying any land, or lawfully
exercising any right affecting any land specified in the declaration as required
for a public purpose,
may continue to occupy the land or exercise the right
until he is ordered in writing by the Commissioner to cease from so
doing:
Provided that where there is on the land any building in
occupation, possession of the building shall not be taken until after the
expiry
of a notice to the occupier in the prescribed form and served upon him requiring
him to vacate the building within such reasonable
period not exceeding four
months from the date of service of the notice, as may be specified
therein.
(2) A person occupying land in exercise of the liberty conferred
by subsection (1) shall not carry out any development of the land
without the
consent in writing of the Commissioner, which consent may be given on such terms
and may embody such agreements (including
agreements for the payment of
compensation by the Commissioner) as the Commissioner thinks
fit.
Claim for
compensation
18 of 1972,
s.6
79.- (1) Any person
who claims to be entitled to an interest which, by reason of section 75, ceases
to subsist may within three months
from the date of the publication of the
declaration under that section, or within such further period as the
Commissioner for good
reason may allow, claim compensation from the
Commissioner.
(2) Within three months of any claim, the Commissioner
shall, after considering the claim, and, if the claimant so desires, hearing
the
claimant, reject the claim or make in the prescribed form an offer to pay to the
claimant such amount of compensation as he may
think proper, and shall serve
upon the claimant notice of the rejection of his claim or the
offer:
11 of 1977,
s.5
Provided that where the offer is accepted by the claimant the
commissioner shall cause payment to be made within three months of the
receipt
by him of such acceptance.
(3) If the claim has been rejected or the
claimant is dissatisfied with the offer, he may within three months from the
service upon
him of the notice or the offer as aforesaid, appeal to the High
Court, which may confirm the Commissioner's rejection of the claim
or his offer,
or assess such amount of compensation (if any) as to it may seem just, or remit
the matter to the Commissioner with
a direction that an offer be made under
subsection (2).
(4) If, having been served with an offer under subsection
(2), the claimant does not within the period specified in subsection (3),
appeal
to the Court, he shall be deemed to have accepted the offer.
(5) Where
the owner of the interest in respect of which compensation is claimed is a
trustee, the compensation (if any) shall be paid
to him in such manner and
subject to such additional trusts and conditions (if any) as the Commissioner or
the Court, as the case
may be, directs, and no compensation shall be payable by
the Commissioner in respect of that interest to any beneficiary under the
trust.
Special provisions as to
easement
LN 88 of
1978
80.- (1) Where a
claim for compensation is made in respect of an easement which ceases to subsist
by virtue of section 75, and that easement
subsisted for the benefit, in whole
or in part, of an estate or lease which continues to subsist, then if the
Commissioner is of
opinion that the continued subsistence of the easement would
not prejudicially affect the carrying out of the public purpose specified
in the
declaration made pursuant to section 71, he shall inform the Minister
accordingly.
(2) The Minister may thereupon make an order that the right
to enjoy the easement shall be restored to the claimant, and the Commissioner
shall furnish a copy of the order to the Registrar, who shall register
it.
(3) When an order under subsection (2) has been made, no compensation
in respect of the easement shall be payable to the claimant,
other than
compensation for any temporary interruption of the enjoyment of the easement
which may have occurred.
Payment of
compensation
81.- (1)
When an offer for compensation in respect of a claim has been accepted, or has
become deemed to be accepted, or when the amount
of such compensation has been
assessed, the Commissioner or the High Court, as the case may be, shall furnish
the claimant with an
order for payment.
(2) The order for payment shall
direct the payment to the claimant, in such manner and subject to such trusts
and conditions (if any)
as may be specified in the order, of the compensation
together with interest thereon up to the date of payment at five per centum
per
annum from such date as shall be specified in accordance with subsection
(3).
(3) The interest on the compensation shall be in respect of the
period from the date on which the declaration under section 71 was
published up
to and including the date of payment, except that where the claimant has been
exercising the liberties conferred by
section 78(1) it shall be in respect of
the period from the date on which the claimant ceased to exercise the said
liberties up to
and including the date of
payment.
Temporary occupation of
land
82.- (1) Whenever
the Commissioner is of opinion that the temporary occupation and use of any land
is required for any public purpose,
he may, if the land is to his knowledge
occupied, serve notice on the occupiers, or if the land is not to his knowledge
occupied,
give notice in such manner as he shall consider to be adequate or most
effective for the purpose of bringing it to the attention
of all persons
affected thereby, requiring the occupiers (if any) to give up possession of the
land to him for a specified period
not exceeding three years, and the occupiers
shall be bound to give up possession, and the Commissioner shall in any event be
entitled
to enter and take possession, in accordance with the terms of such
notice.
(2) Compensation rental for the temporary occupation and use of
the land shall be paid by the Commissioner to the lawful occupier
or person
entitled to possession, and it shall be deemed to accrue due from day to
day.
(3) At the end of the specified period possession of the land shall
be restored to the persons lawfully entitled thereto, and there
shall be paid to
any person having an interest in or affecting the land compensation for the
diminution in value (if any) of such
interest consequent upon any damage done to
the land during the specified period.
(4) Any compensation or
compensation rental payable under subsections (2) or (3) shall be claimed, and
offered and accepted, or assessed,
in like manner as compensation payable under
section 79; and the provisions of section 81 shall apply to the payment of
compensation
under subsection (3).
(5) If, during or within three months
next after the end of the specified period, the Minister is of opinion
that-
LN 88 of 1978
(a) the damage (if any) done to the land during the specified period is so substantial and of so permanent a nature that it would be just to the persons having interests in the land that the Commissioner should permanently retain the use and occupation thereof; or
(b) the land has been developed during the specified period and that the value of the development ought to be secured for the benefit of the people of Solomon Islands,
the Minister may make a declaration
to that effect, and the declaration shall have the same effect as a declaration
that the land
is required for a public purpose; and the provisions of this
Division shall apply thereto accordingly, save that for reference therein
to the
date on which a declaration under section 71 was published there shall be
substituted references to the date on which the
declaration under this
subsection was made.
(6) For the purposes of this section -
(a) the expression "the land" means the land referred to in a notice served under subsection (1) or any part or parts thereof;
(b) the expression "the specified period" means the period specified in a notice served under subsection (1).
Assessment
of compensation
83. The
amount of any compensation or compensation rental which under the provisions of
this Division falls to be assessed by the High
Court shall be such amount as the
Court in its absolute discretion thinks just, having regard to-
(a) the condition of the land concerned, as it existed-
(i) at the date on which the declaration under section 71 was published, in the case of compensation payable under section 79; or
(ii) in any other case, at the date on which possession of the land was given to the Commissioner under section 82(1), and
(b) all such other matters and circumstances as the Court may consider relevant and in particular in assessing compensation rental shall have regard to any diminution in value to the occupier of the land concerned of land contiguous thereto.
Compensation
for customary land
84.-
(1) Where the land to be acquired is customary land, the Commissioner may, by
notice in writing, offer to transfer or grant, as the
case may be, in the manner
provided by Part X, to the person or group of persons entitled to the
compensation for the land acquired
an estate in land in lieu of paying to such
person or group of persons any compensation claimed by him or them, and shall in
such
notice identify the land offered and set out the nature of the estate
offered together with the terms and conditions (if any) affecting
the
same.
(2) If an offer made under subsection (1) be not accepted within
three months after the date of the notice or, where the offer is
made to a group
of persons, by a majority of such group, it shall be deemed to have been
refused, and the provisions of section 79
shall take effect as if it had not
been made.
(3) Any dispute as to whether any persons, being members of a
group, constitute a majority of the group shall, unless the parties
otherwise
agree, be determined by a Magistrate's Court.
(4) Where any compensation
or compensation rental is payable to a group of persons claiming rights or
interests in land according
to current customary usage, such compensation or
compensation rental shall be payable to the group and for the benefit of all of
them; and any dispute among the members of the group, as to the manner in which
the compensation or compensation rental shall be
dealt with when received, shall
be determined by a local court.
8 of
1974
Sched
(5) Where
any compensation or compensation rental is payable to a group of persons
claiming rights or interests in land according
to current customary usage, if
the Commissioner has any doubt as to-
(a) whether an offer thereof has been accepted by all the members of the group, he may apply to the High Court for directions; or
(b) the persons to whom he should make, or order the making of, any payment in respect thereof, he may apply for directions to the local court having jurisdiction.
Cost
85.-
(1) Where an offer for compensation is made by the Commissioner, and is
accepted, or deemed to be accepted, the Commissioner shall
include in the order
for payment a specified amount equivalent to the amount of the costs which in
his opinion have been reasonably
and properly incurred by the claimant in
preparing and settling the claim to such compensation. Such amount shall not
carry any interest
in respect of any period prior to the expiration of thirty
days next after the date on which the offer was accepted or deemed to
be
accepted.
(2) Where an offer of compensation rental is made by the
Commissioner and is accepted, or deemed to be accepted, the Commissioner
shall,
as soon as may be thereafter, pay to the claimant an amount equivalent to the
amount of the costs which in his opinion have
been reasonably and properly
incurred by the claimant in preparing and settling the claim to such
compensation rental.
(3) Where any compensation or compensation rental is
assessed by the High Court, the Court may make such order, concerning the
payment
of a specified amount in respect of costs (including costs relating to
the preparation of the claim and any proceedings before or
dealing with the
Commissioner in respect thereof) by or to the claimant, as it thinks just. The
order shall include such directions
as the Court may think expedient to provide
for the recovery or payment of such amount from or to the claimant, but so that
any deduction
of such amount which may be directed to be made from any
compensation payable to the claimant shall be disregarded for the purpose
of
computing any interest on such compensation.
PART
VI
ORGANISATION AND ADMINISTRATION
OF LAND REGISTRIES
Division 1.-Land Registries
Registration
districts
LN 88 of
1978
86. For the purposes
of this Act, the Minister may, by order, constitute an area or areas of land a
land registration district or land
registration districts and may at any time
vary the limits of any such
district.
Land
registries
87.- (1) There
shall be maintained in each land registration district a land registry in which
there shall be kept-
(a) a register to be known as the land register;
(b) a registry map;
(c) parcel files containing the instruments which support subsisting entries in the land register, and any filed plans and documents;
(d) a book, to be known as the presentation book, in which shall be kept a record of all applications numbered consecutively in the order in which they are presented to the registry;
(e) a personal index in which shall be recorded in alphabetical order the names of the owners of estates and registered leases, showing the numbers of the parcels in which they are interested; and
(f) a register and a file of powers of attorney.
(2) Each land registry shall have a
seal, and every instrument purporting to bear the imprint of such a seal shall
be received in
evidence and, unless the contrary is shown, shall be deemed
without further proof to be issued by or under the direction of the
Registrar.
Division 2.-The Land Register
The land
register
88.-(1) The land
register shall comprise a register in respect of the perpetual estate in each
parcel of land shown in the registry
map and a register in respect of each
fixed-term estate and of each lease required by this Act to be
registered.
(2) Each register shall be divided into three sections, as
follows -
A - the property section, containing a brief description of the land comprised in the estate or lease, together with particulars of its appurtenances and a reference to the registry map and filed plan (if any);
B - the ownership section, containing the name and, where possible, the address of the owner and a note of any caveat or restriction affecting his right of disposition; and
C - the encumbrances section, in which is entered every encumbrance or other interest adversely affecting the estate or lease required by this Act or any other written law to be registered.
Compilation
of land register
89. The
land register shall be compiled from -
(a) details of ownership of interests in land, which, according to satisfactory information in the possession of the Registrar, would entitle any person to be registered as an owner under the provisions of Part III;
(b) Settlement Records delivered to the Registrar under section 56;
(c) purchases and leases of customary land under Division 1 of Part V; and
(d) declarations, published under Division 2 of Part V, that land is required for a public purpose.
Manner
of registration
90.
Registration shall be effected by an entry in the land register in such form as
the Registrar may from time to time direct, and
by the cancellation of the entry
(if any) which it replaces.
New
editions of register
91.
The Registrar at any time may open a new edition of a register showing all
subsisting entries and omitting entries which have ceased
to have any
effect.
Cancellation of obsolete
entries
92. The Registrar
may cancel any entry in any register which he is satisfied has ceased to have
any effect.
Division 3.-Maps, Parcels and Boundaries
Registry
map
LN 88 of
1978
93.-(1) The
Surveyor-General shall prepare and thereafter maintain a map or series of maps
to be called the registry map:
Provided that the Registrar may, until
such time as the Surveyor-General has prepared the registry map, accept any
other map or plan
prepared under the directions of the Surveyor-General as is
sufficient to identify any parcel, and until then such other map or plan
shall
be deemed to be the registry map.
(2) The registry map shall be divided
into quarter degree sheets which shall be numbered consecutively.
(3) On
the quarter degree sheets shall be shown blocks, to be known as registration
blocks, and plans shall be made of these blocks
on whatever scale is suited to
the size of the parcels.
(4) The registration blocks shall be numbered
consecutively on each quarter degree sheet, and where a block falls on two or
more sheets,
it shall be numbered in the manner decided by the
Surveyor-General.
(5) On the registration block plan shall be shown the
parcels which shall be numbered consecutively, and the number of the quarter
degree sheet followed by the number of the registration block followed by the
number of the parcel shall be sufficient reference
to any parcel.
(6) The
Registrar may at any time cause registration blocks to be combined or divided or
cause their boundaries to be varied.
(7) A plan may be filed in respect
of a particular parcel to augment the information available from the registry
map and the filing
of the plan shall be noted in the
register.
Correction of registry
map
LN 88 of
1978
94.- (1) If it
appears to the Registrar that there is any error in the registry map, he may,
after taking such steps as he thinks fit
to bring to the notice of any person
shown by the land register to be interested his intention so to do, and giving
every such person
an opportunity to be heard, require the Surveyor-General to
correct the error:
Provided that it shall not be necessary for the
Registrar to take steps to bring the correction to the attention of any person
shown
by the land register to be interested nor to give such person an
opportunity to be heard, in the case of any correction not materially
affecting
the interests of that person.
(2) The Registrar may require the
Surveyor-General to make a survey of any land for the purposes of this Act, and,
after informing
every person affected thereby, may cause the registry map to be
corrected as a result of such survey.
LN
88 of 1978
New edition of
registry map
LN 88 of
1978
95. The Registrar
may require the Surveyor-General to prepare a new edition of the registry map or
any part thereof, and there may be
omitted from the new map any matter which the
Registrar considers
obsolete.
Mutation
LN
88 of 1978
96.- (1) On
the application of the owner of an estate, and subject to the agreement of all
persons shown by the land register to be affected
thereby, the Registrar,
subject to sections 99 and 140, may require the Surveyor-General to alter the
registry map, but no such alteration
shall be effected except on the
instructions of the Registrar in writing in the prescribed form, to be known as
a mutation form,
and the mutation form shall be filed.
(2) Whenever the
boundary of a parcel is altered on the registry map under this section, the
parcel number shall be cancelled and
the parcel shall be given a new
number.
Boundaries
97.-
(1) Where any uncertainty or dispute arises as to the position of any boundary,
the Registrar, on the application of any interested
party, shall, on such
evidence as the Registrar considers relevant, determine and indicate the
position of the uncertain or disputed
boundary.
(2) Any fees payable in
relation to, and the costs of and incidental to, an application under subsection
(1), shall be paid by the
applicant and may be required by the Registrar to be
paid in advance.
(3) Where the Registrar exercises the powers conferred
by subsection (1), he shall make a note to that effect on the registry map
and
in the register, and shall file such plan or description as may be necessary to
record his decision.
(4) No court shall entertain any action or other
proceedings relating to a dispute as to the boundaries of registered land unless
the boundaries have been determined as provided in this
section.
Party
walls
98.- (1) Where any
wall or structure lies along the boundary of two parcels which are comprised in
separate estates, that wall or structure
shall be deemed to be severed
vertically in two and the land comprised in each estate shall include the
appropriate vertical part
thereof.
(2) Either of the two estate owners
may apply to the Registrar for the registration of the wall or structure as a
party wall or party
structure; and the Registrar may, after giving notice of the
application to the other estate owner and affording him an opportunity
to be
heard, register it as such.
(3) Where a wall or structure is registered
as a party wall or party structure, each estate owner shall have such rights to
support
and user over the part thereof which is not comprised in his estate as
may be requisite.
Combinations and
sub-divisions
99.- (1)
Where the perpetual estates in respect of contiguous parcels are owned by the
same owner and are subject in all respects to
the same rights and obligations,
the Registrar, on application by the owner, may combine those parcels by closing
the registers relating
to such estates and opening a new register or registers
in respect of the perpetual estate or estates in the parcels resulting from
the
combinations.
(2) Subject to section 140 (which relates to restrictions
upon and effect of subdivision), upon the application of the owner of an
estate
in a parcel for the division of his parcel into two or more parcels, the
Registrar shall effect the division by closing the
register relating to such
estate and opening new registers in respect of the estates in the new parcels
resulting from the division,
and recording in the new registers all subsisting
entries appearing in the closed register:
Provided that nothing shall be
done under this section which would be inconsistent with this Act or any other
written law, and no
land which is subject to a lease shall be subdivided unless
the lease is also subdivided.
PART
VII
LAND OWNERSHIP
Conversions of estates
held by persons other than Solomon
Islanders
11 of
1977,s.6
100.- (1) With
effect from the 31st December 1977, any perpetual estates registered in the name
of, or on behalf of, any person who is
not a Solomon Islander shall
automatically convert to a fixed-term estate of 75 years at an annual rent after
the first seven years
(which shall be a rent-free period) calculated as a
percentage of the unimproved capital value of such estate at a rate not
exceeding
8 per-centum.
(2)
When a freehold interest is registered under the provisions of this Act and that
interest is shown to be owned by a person who
is not a Solomon Islander then the
provisions of subsection (l) shall apply to convert such interest to a
fixed-term estate in like
manner as that applicable to a perpetual
estate.
(3) "Unimproved capital value" referred to in subsection (1)
shall have the same meaning as "unimproved value" as defined by regulation
2 of
the Local Government (Rating of Land)
Regulations.
Reduction of fixed-term
estates and registered interests to 75
years
11 of 1977,
s.6
101- (1) Any
fixed-term estate, lease or other registered interest presently vested in a
person who is not a Solomon Islander being an
estate or interest for a period
the unexpired portion of which is in excess of 75 years calculated from the
31st December 1977 shall be deemed
to be a fixed-term estate, lease or other registered interest for a period of 75
years from the 31st December
1977.
(2) From and after the
31st December 1977 no person other
than a Solomon Islander shall be granted fixed-term estate, lease or any
interest in land whatsoever
for a period in excess of 75 years.
(3) All
other interests in land and all charges secured on land held on the
31st December 1977 by a person who
is not a Solomon islander shall determine not later than 75 years from that
date.
Commissioner to hold perpetual
estates
11 of 1977,
s.6
102 Perpetual estates
converted under the provisions of this Part shall be held by the Commissioner on
behalf of the Government of Solomon
Islands.
Provisions for development of
land
11 of 1977,
s.6
103. Where under the
provisions of section 100 a fixed-term estate has been created then the
Commissioner, in addition to the matters
referred to in subsection (1) of
section 100, may, after giving the person who owns such fixed-term estate the
opportunity to submit
development proposals within a reasonable length of time,
impose such conditions as shall be fair and reasonable for the future
development
of such land and in default of complying with such conditions within
the time limits set out therein the fixed-term estate shall
be forfeited to the
Commissioner.
Registration of
fixed-term estate
11 of 1977,
s.6
104. Any person who
has become entitled to a fixed-term estate under this Part shall, within six
months of the receipt of the same from
the Commissioner, submit the grant of the
fixed term estate to the Registrar for registration free from all fees and stamp
duties.
Companies to be caught by this
part
11 of 1977,
s.6
105. Where a company,
referred to in subsection (4) of section 112, permits the transfer or issue of
shares so that Solomon islanders
hold less than 60
per centum of the equity in that
company, then this Part shall apply to any perpetual estates, fixed-term estates
or other interests held by
such company and it shall be the duty of the
secretary of the company to report the change in the holding of the shares in
the company
to the Registrar within 28 days of the happening of such alteration
and in default of so doing the secretary and each director shall
be liable to a
fine of one thousand
dollars.
Prohibition of leasing prior
to receiving a fixed-term estate
11
of 1977, s.6
106. No
person whose perpetual estate, fixed-term estate or lease is converted or
reduced by virtue of sections 100 or 101 shall grant
a lease or sublease or
otherwise deal in any interest in land held by him prior to the
31st December 1977 except to a
Solomon Islander or a person described in subsection (4) of section 112, without
obtaining the prior written
consent of the
Commissioner.
Compensation
provisions
11 of 1977,
s.6
107. Any person who
is deprived of any interest in or right over land by virtue of this Part may
claim compensation in writing from the
Commissioner and the provisions of
subsections (2) to (5) inclusive of section 79 shall apply to any such claim
without prejudice
to the rights of any such person to apply to the High Court
for other relief as specified in section
8(1)(c)(ii) of the
Constitution.
Exempt
persons
11 of 1977,
s.6
108. Where a
perpetual or fixed-term estate, lease or freehold or leasehold interest is held
by any of the persons described in subsection
(4) of section 112 then the
provisions of this Part shall not apply.
PART
VIII
REGISTRATION
Interest conferred by
registration
109. Subject
to the provisions of this Act-
(a) the registration of a person as the owner of a perpetual estate shall vest in that person the perpetual estate in the land comprised in that estate together with all implied and express rights and privileges belonging or appurtenant thereto and subject to all implied and express obligations, liabilities and incidents of that estate;
(b) the registration of a person as the owner of a fixed-term estate shall vest in that person the fixed term described in the grant thereof, together with all implied and express rights and privileges belonging or appurtenant thereto and subject to all implied and express obligations, liabilities and incidents of that estate;
(c) the registration of a person as the owner of a lease shall vest in that person the interest described in the lease, together with all implied and express rights and privileges belonging or appurtenant thereto and subject to all implied and express obligations, liabilities and incidents of the lease which are to be performed or observed by the lessee.
Rights
of owner
110. The rights
of an owner of a registered interest, whether acquired on first registration or
whether acquired subsequently for valuable
consideration or by an order of
court, shall be rights not liable to be defeated except as provided by this Act,
and shall be held
by the owner, together with all privileges and appurtenances
belonging thereto, free from all other interests and claims whatsoever,
but
subject-
(a) to the leases, charges and other encumbrances and to the conditions and restrictions (if any) affecting the interest, and shown or referred to in the land register or implied by this Act; and
(b) to such liabilities, rights and interests as affect the same and are declared by section 114 (which relates to overriding interests) not to require noting in the register:
Provided that nothing in this
section shall be taken to relieve an owner from any duty or obligation to which
he is subject as a trustee.
Voluntary
transfer
111. Every owner
who has acquired an estate, a lease or a charge by transfer without valuable
consideration shall hold it subject to
any unregistered rights or interests
subject to which the transferor held it and subject also to the provisions of
any written law
relating to bankruptcy and to the winding-up provisions of the
Companies Act, but save as aforesaid such transfer when registered
shall in all
respects have the same effect as a transfer for valuable
consideration.
Cap
175
Perpetual
estates
112.- (1) A
perpetual estate in land consists of the right to occupy, use and enjoy in
perpetuity the land and its produce, subject to
the payment of any rent and the
performance of any obligations for the time being incident to the estate, and
subject to such restrictions
as may be imposed by or under this Act or any other
written law.
(2) The owner of a perpetual estate may, subject to the
provisions of this Act, dispose of it either in whole or in part, and either
during his life or, at his death, by a valid will, in any manner he thinks fit;
Provided that-
(a) a disposition by way of security for the payment of money shall be made by way of a charge in accordance with the provisions of this Act;
(b) a disposition, other than by the Commissioner, of the whole or part of the estate for a limited period shall be by way of lease in accordance with the provisions of this Act; and
(c) a disposition by will which is not in perpetuity shall take effect as a disposition of the estate to the personal representative of the deceased owner of the estate, or if there be no personal representative, to the Public Trustee, and in either case upon the statutory trusts.
(3) For the avoidance of doubt no
perpetual estate shall be vested in a person who is not a Solomon Islander
unless he is a person
who falls within one of the categories in subsection
(4).
11 of 1977, s.7
(4) The
class of person who may be registered as an owner of a perpetual estate although
not a Solomon Islander is as follows -
11
of 1977, s.7
(a) a person holding such estate on trust for a Solomon Islander subject to the filing of a statutory declaration to this effect with the Registrar and in a form required by the Registrar;
(b) a trustee in bankruptcy;
(c) a liquidator appointed under the provisions of any existing law;
(d) a local council;
(e) a company registered in the Solomon Islands where at least 60 per centum of the equity is held beneficially by persons who are Solomon Islanders;
(f) the Commissioner;
(g) a personal representative or guardian;
(h) the Public Trustee;
(i) statutory bodies incorporated by any written law of Solomon Islands;
(j) registered co-operatives under the Co-operative Societies Act;
Cap 164
(k) a settler from the former Gilbert and Ellice Islands Colony who prior to 15th September 1977 had been granted, had acquired, or was holding land in perpetuity or a descendant of such settler:
11 of 1978, s.2
Provided that such settler or his
descendant shall not be entitled to be registered as the owner of a perpetual
estate in any land
other than such land as is referred to in this
paragraph.
Fixed-term
estate
113.- (1) A
fixed-term estate in land consists of the right to occupy, use and enjoy for a
period of time fixed and certain at the time
of the grant thereof, the land and
its produce, subject to the payment of any rent and the performance of any
obligations for the
time being incident to the estate, and subject to such
restrictions as may be imposed by or under this Act or any other written
law.
(2) The owner of a fixed-term estate may, subject to the provisions
of this Act, dispose of it either in whole or in part, and either
during his
life or, at his death, by a valid will, in any manner he thinks
fit:
Provided that-
(a) a disposition by way of security for the payment of money shall be by way of a charge in accordance with the provisions of this Act;
(b) a disposition of the whole or a part of the estate for a limited period (being less than the whole remaining portion of the period for which the estate was granted) shall be by way of lease in accordance with the provisions of this Act;
(c) a disposition by will which is not for the whole remaining portion of the period for which the estate was granted, shall take effect as a disposition of the estate to the personal representative of the deceased owner of the estate, or, if there be no personal representative, to the Public Trustee, and in either case upon the statutory trusts.
Overriding
interests
114. The owner
of a registered interest in land shall hold such interest subject to such of the
following overriding interests as may,
for the time being, subsist and affect
the same, without their being noted on the register-
(a) rights of way, rights of water, easements and profits subsisting at the time of first registration of that interest under this Act;
(b) natural rights of light, air, water and support;
(c) rights of compulsory acquisition, resumption, entry, search and user conferred by this Act or any other written law;
(d) unless otherwise stated in the grant the obligations set out in section 133;
(e) the interest (excluding any option to purchase or option to renew) of a tenant in possession under a lease for a term of not more than two years or under a periodic tenancy;
(f) any charge created by the provisions of this Act or any other written law in respect of the land comprised in the interest;
(g) the rights of a person in actual occupation of the land or in receipt of the rents and profits thereof, save where enquiry is made of such person and the rights are not disclosed:
(h) rights and powers relating to electric supply lines, telephone and telegraph lines or poles, pipe lines, aqueducts, canals, weirs, dams, roads and ancillary works, conferred by any written law; and
(i) rights acquired or in the process of being acquired by virtue of any law relating to the limitation of actions or by prescription:
Provided that the Registrar
may direct the registration of any of the liabilities, rights and interests
hereinbefore defined in such
manner as he thinks
fit.
Right of
way
115.- (1)
Notwithstanding anything to the contrary in this Act contained, all interests in
land (including customary land) shall be held
subject to an implied right that
any person (whether or not a Solomon Islander) who is the owner of an estate in
or lease of, or
of rights equivalent thereto in, or the occupier of, land
adjoining or in the neighbourhood of that land who has no other reasonable
means
of access from his land to any one of the following, that is to say, a road,
way, river, creek or foreshore affording reasonable
means of access, shall have
a right of way for all reasonable purposes over such land and to pass and
re-pass with or without boats
or vehicles.
(2) If the persons concerned
cannot agree among themselves to the location of or to the terms and conditions
of or incidental to the
right of way, the matter shall be referred to the
Commissioner by the person requiring the right of way, and the Commissioner
shall
decide the matter.
(3) Where the right of way is to be exercised
over an existing path or track which has been formed or maintained at the
expense of
the person over whose land it passes, the Commissioner may require
the person by whom the right of way is to be exercised to pay
to such other
person such reasonable sum as the Commissioner may assess by way of
compensation.
(4) In any case where the Commissioner has given his
decision upon a right of way under subsection (2) he shall issue a right of way
certificate which shall-
(a) specify the land served by the right of way, the land over which it exists and such other details as he may consider desirable; and
(b) upon application by him be noted in the land register in so far as it relates to registered land.
(5) Compensation for loss or damage in
respect of or to land over which a right of way is made, or in respect of or to
anything therein
or thereupon, shall be payable and shall be assessed by mutual
agreement by the parties concerned and in the absence of agreement
the matter
shall be referred to the Commissioner and the compensation shall be assessed by
him.
(6) Any person aggrieved by any decision of the Commissioner under
this section may, within three months of being informed of such
decision, appeal
to the High Court, and the Court's decision thereon shall be final and
conclusive and shall not be questioned in
any proceedings
whatsoever.
What instruments
registrable or to be
registered
116.- (1)
Subject to the provisions of subsection (2), every instrument creating or
disposing of or charging or extinguishing, or purporting
to create or dispose of
or charge or extinguish, a registered interest in land shall be
registered.
(2) It shall not be necessary to register-
(a) any lease for a period not exceeding two years, unless it is required to be registered by section 146;
(b) any transfer, charge or other instrument disposing of any lease, being a lease for a period not exceeding two years which is not registered;
(e) any will;
(d) any appointment of a personal representative;
(e) any appointment of a trustee in bankruptcy, or any receiving order in bankruptcy; or
(f) any order of a court, unless the registration thereof or of the effect thereof is specifically required by this Act.
(3) If requested so to do, the Registrar
shall register such an instrument as is mentioned in subsection (2)
(d) or (2)
(e), and may register any other
instrument mentioned in subsection (2), save a will, which shall not be capable
of registration.
(4) Without prejudice to section 220 (which relates to
the lodging of caveats) a licence shall not be capable of
registration.
Instruments ineffectual
until registration
117.-
(1) No registered interest in land shall be capable of being created or disposed
of except in accordance with this Act and every
attempt to create or dispose of
such interest otherwise than in accordance with this Act shall be ineffectual to
create, extinguish,
transfer, vary or affect any such interest.
(2)
Nothing in this section shall be construed as preventing any unregistered
instrument from operating as a contract, but no action
may be brought upon any
contract for the disposition of any interest unless the agreement upon which
such action is brought, or some
memorandum or note thereof, is in writing, and
is signed by the party to be charged or by some other person thereunto by him
lawfully
authorised:
Provided that such an action shall not be prevented
by reason only of the absence of writing, where an intending purchaser or lessee
who has performed or is willing to perform his part of a contract -
(i) has in part performance of the contract taken possession of the property or any part thereof;
(ii) being already in possession, continues in possession in part performance of the contract and has done some other act in furtherance of the contract.
(3) Every instrument when registered
shall have the same effect for all purposes of and incidental to this Act as if
it had been made
under seal; but nothing in this subsection shall be construed
to prevent a party to such an instrument affixing his seal thereto,
or giving to
the instrument any additional form of solemnity not inconsistent with the
provisions of this Act.
Protections of
person dealing in registered
interest
118.- (1) No
person dealing or proposing to deal for valuable consideration with an owner of
a registered interest in land shall be required
or in any way concerned-
(a) to enquire or ascertain the circumstances in or the consideration for which such owner or any previous owner was registered; or
(b) to see to the application of any consideration or any part thereof; or
(c) to search any register kept under any previous written law relating to the registration of documents relating to land.
(2) Where the owner of such an interest
is a trustee, he shall, in dealing therewith, be deemed to be the absolute owner
thereof,
and no disposition by such trustee to a bona fide purchaser for
valuable consideration shall be defeasible by reason of the fact
that such
disposition amounted to a breach of trust.
Exoneration of the
Registrar
119. Where by
this Act any person is exonerated from enquiring as to any matter or fact
relating to a title to, or to a power of dealing
with, an interest, or is
protected from the effect of notice of any such matter or fact, then, in
registering any instrument relating
to that interest, the Registrar shall not be
concerned to make any enquiry or search in relation to that interest which such
person
need not have made, nor shall the Registrar be affected by any notice
with which such person need not have been affected.
Protection for persons dealing with
Commission
120. No person
who deals with the Commissioner in connection with any interest in land shall be
concerned to enquire whether any consent
or authority to or for the dealing,
required by or under this Act or any other written law, has been obtained, or
whether the dealing
contravenes any direction given by the Minister to the
Commissioner.
Additional fee for
delayed registration
121.
Where an instrument is presented for registration later than six months from the
date of the instrument, then, as well as the registration
fee, an additional fee
equal to five times the registration fee shall be payable for each six months
which have elapsed since such
date:
Provided that -
(i) in no such case shall the sum of the additional fees exceed twenty times the original registration fee payable;
(ii) the Registrar may, in his sole discretion, remit any additional fee payable by virtue of this section, either in whole or in part.
Power
to compel
registration
122.- (1) If
he is satisfied that any person, through his wilful default, has failed to
present for registration any instrument required
to be registered under this
Act, the Registrar may by notice in writing order such person to present such
instrument for registration,
and thereupon the registration fee and any
additional fee payable under section 121 shall become due and shall be payable
whether
the instrument is presented for registration or not.
(2) Any
person who fails to comply with an order of the Registrar under subsection (1)
within one month of the service of the notice
shall be guilty of an offence
under section 246.
Priority of
registered
interests
123.- (1)
Interests appearing in the register shall have priority according to the order
in which the instruments which-led to their
registration were presented in
registrable form to the land registry, irrespective of the dates of the
instruments and notwithstanding
that the actual entry in the register may be
delayed:
Provided that where an instrument is prepared in the land
registry it shall be deemed to have been presented on the date on which
application for its preparation was made to the Registrar.
(2)
Instruments sent by post or under cover and received during the hours of public
business shall be deemed to be presented simultaneously
immediately before the
closing of the l and registry for public business, and instruments so sent but
received between the time of
closing and the next opening of the land registry
for public business shall be deemed to be presented simultaneously immediately
after such opening.
(3) Where more than one instrument or application are
presented on the same day, or on different days but at so short an interval
from
each other that in the opinion of the Registrar there is doubt as to their order
of priority, the Registrar may refuse registration
until he has heard and
determined the rights of the parties interested
thereunder.
Stay of
registration
124.- (1)
Any person proposing to deal for value with the registered owner of an interest
may with the consent in writing of such owner
and on stating the particulars of
the proposed dealing lodge with the Registrar an application for a stay of
registration in the
prescribed form.
(2) If as shown by the register the
owner is free to deal with his interest, the Registrar shall make an order
certifying that the
owner is so free and staying registration of any instrument
affecting the interest for one month from the time specified in the order,
and
such order shall be registered.
(3) If within the said period of one
month an instrument effecting the proposed dealing is lodged for registration
such instrument
shall have priority over any other instrument lodged for
registration after the time specified in the order and shall be registered
notwithstanding any caveat lodged with, or any copy of a writ of execution or
judgment, decree or order of any court served on the
Registrar after the time
specified.
Merger of registered
interest
125. Where, upon
registration of a dealing, the interests of-
(a) lessor and lessee; or
(b) chargor and chargee; or
(c) the owner of an estate in or lease of a parcel which is burdened with an easement, profit or restrictive covenant and the owner of an estate in or lease of a parcel which benefits therefrom,
vest in the same owner, such
interests shall not merge unless a surrender or discharge is registered or the
parcels are combined or
there is a declaration of merger, which may be contained
in the instrument evidencing the
dealing.
Corporations
126.-
(1) In favour of any person dealing with an interest, a corporation shall be
deemed to have the same powers of acquisition and
disposition as a natural
person of full age and legal capacity.
(2) This section shall apply to
all corporations whether sole or aggregate, whether created directly by Act or
otherwise, and notwithstanding
any stipulation, restriction or qualification
imposed in the constitution of the corporation or elsewhere.
(3) Nothing
in this section shall be held to diminish the personal liability of any
individual or group of individuals controlling
or responsible for the management
of a corporation for acting in excess of its corporate powers.
(4) Where
a corporation holds an interest in a fiduciary capacity this section shall not
be held to extend the powers of the corporation
in respect of that interest, nor
otherwise to affect the liability of the corporation to the beneficiaries for
acting in excess of
those
powers.
Spouses to be treated as
separate persons
127. A
husband and wife shall, for all purposes of any transaction affecting or
concerning an interest, be treated as separate
persons.
Persons transacting with
themselves
128. A person
may enter into any transaction affecting or concerning an interest with himself,
either alone or jointly with any other
person; but nothing in this section
precludes any such transaction from being liable to be set aside if, by reason
of any fiduciary
relationship or otherwise, that transaction is precluded from
being validly effective.
PART
IX
SEARCHES AND CERTIFIED
COPIES
Inspections
129.
Any person, upon payment of the prescribed fee (if any) may inspect during hours
of public business any register and any sheet of
the registry
map.
Certified
copies
130. Upon payment
of the prescribed fee, the Registrar shall furnish to any person applying for it
a copy of or extract from any register
or sheet of the registry map, or of any
filed instrument, plan or document, certified by the Registrar to be a true
copy.
Evidence
131.-
(1) Every document purporting to be signed by the Registrar shall, in all
proceedings, be presumed to be so signed until the contrary
is
proved.
(2) Every copy of or extract from a document certified by the
Registrar to be a true copy or extract shall, in all proceedings, be
received as
prima facie evidence of the contents of the document.
(3) Every entry or
note in or on any register, the registry map or any filed plan shall, subject to
sections 228 and 229, be received
in all proceedings as conclusive evidence of
the matter or transaction which it records.
(4) No process for compelling
the production of the register or of the registry map or of any filed
instrument, plan or document,
shall issue from any court except with the leave
of that court, which leave shall not be granted if a certified copy or extract
will
suffice, and any such process, if issued, shall bear thereon a statement
that it is issued with the leave of the court.
PART
X
ESTATES
Transfer and grants by
the Commissioner
132.-
(1) The Commissioner may, subject to the provisions of this Act-
(a) transfer to any person the perpetual estate in any land held by him for such an estate; or
(b) grant to any person a fixed-term estate in any public land for a period not exceeding ninety-nine years:
Provided that where the land concerned was
compulsorily acquired under Division 2 of Part V it shall not be transferred or
granted
as aforesaid without the prior written consent of the
Minister.
LN 88 of 1978
(2)
On the transfer or grant of an estate, the Commissioner may -
(a) require the payment of a premium for the transfer or grant;
(b) provide that the estate shall be held subject to the payment of a rent;
(c) provide that the estate shall be held subject to the performance, by the owner for the time being, of such obligations as may be specified in the transfer or grant,
and the amount of any rent shall be
entered on the register.
(3) Upon the registration of an estate subject
to an obligation expressed or implied by the owner that he will not transfer or
charge
the estate or lease or part with possession of the land comprised therein
or any part thereof without the written consent of the
Commissioner, the
obligation shall be noted on the register of the estate and no such dealing with
the estate shall be registered
until the consent of the Commissioner has been
produced to the Registrar.
(4) Subject to the provisions of this Act, the
obligations contained or implied in any transfer or grant of an estate may be
varied,
negatived or added to, the rent may be varied and the period of any
fixed-term estate may from time to time be extended, by an instrument
in the
prescribed form executed by the Commissioner and the owner of the estate for the
time being.
Implied obligation
incident to estates
133.
Every estate shall, unless it is otherwise specified by the Commissioner in the
transfer or grant, be held subject to the performance
of the following
obligations, that is to say-
(a) that all boundary marks on the land comprised in the estate shall be properly maintained; and
(b) that all existing roads, and rights to use the same, through and over the land comprised in the estate shall remain free and uninterrupted (unless closed, altered, or determined, with the consent of the Commissioner);
and, in
addition, every fixed-term estate shall, unless it is otherwise specified in the
grant, be held subject to the performance
of the following obligation, that is
to say, that no gravel, stones, coral, shell, rock, guano, sand, loam or earth
shall be removed
outside the boundaries of the land comprised in the estate
without the written consent of the Commissioner first had and obtained,
which
consent may be granted on such terms, including terms as to payment, as he may
think fit.
Form and registration of
transfer and grants
134.-
(1) Every transfer or grant by the Commissioner of an estate shall be in the
prescribed form and shall be signed by the Commissioner
as transferor or
grantor, and by the transferee or grantee and shall be registered.
(2)
An estate shall be deemed to have been transferred or granted on the date of the
presentation for registration of the transfer
or grant thereof, and, if it is a
fixed-term estate, the period for which the estate subsists shall begin on that
date or on such
earlier date (if any) as may be specified in the
grant.
Rents
135.-
( I) Any rent incident to an estate transferred or granted by the Commissioner
shall, subject to the provisions of subsection (2),
be due and payable at the
office of the commissioner on the first day of January in each year in advance
and without demand.
(2) The first payment of a rent incident to an estate
transferred or granted by the Commissioner (being rent in respect of the period
from the date on which the estate begins to subsist until the thirty-first day
of December next following) shall, unless already
paid, be due and payable at
the office of the Commissioner on the date of the transfer or grant of the
estate, and the amount thereof
shall be-
(a) where the estate begins to subsist before the first day of February in any calendar year, one whole year's rent;
(b) in any other case, one whole year's rent less one-twelfth thereof for each complete month of that calendar year that has elapsed prior to commencement of the term of the estate.
(3) The Commissioner may, subject to
the provisions of section 25, at intervals of not less than twenty years in the
case of an estate
comprising town land or thirty-three years in the case of an
estate comprising land other than town land, revise under subsection
(5) the
amount of any rent incident to the estate; the Commissioner shall deliver to the
Registrar a notification of the amount of
the revised rent and the Registrar
shall enter such amount in the register, and the payment of the revised rent may
be enforced against
the person who for the time being is the owner of the estate
in like manner as if that person had been the original transferee or
grantee of
the estate.
(4) For the purposes of this Act, the Commissioner may by
order designate any area of land as town land; and for the purposes of
subsection
(3), an estate shall be deemed to comprise town land if, at the time
when the transfer or grant of the estate took effect, the land
comprised in it
was so designated.
(5) The amount at which any rent incident to an
estate shall be fixed consequent upon a revision by the Commissioner under
subsection
(3) shall be such as is fair and reasonable having regard to the
value of the land comprised in such estate at the commencement of
the period to
which revision is to apply without taking into account any improvements made to
or on such land subsequent to the date
of transfer or grant of the estate by the
Commissioner.
(6) If the owner of the estate is aggrieved by the amount
of any rent revised under subsection (5), he shall have a right to appeal
within
such time, in such manner and to such person, panel or court as shall be
prescribed, and the decision on such appeal shall
be final and conclusive and
shall not be questioned in any proceedings
whatsoever.
Commissioners right of
forfeiture
136.- (1)
Subject to the provisions of section 139 and to any provision to the contrary in
the transfer or grant, the Commissioner shall
have the right to forfeit an
estate if the owner thereof fails to pay any rent incident to the estate upon
its becoming due or to
perform any obligation on his part incident to the
estate.
(2) The right of forfeiture may be-
(a) exercised, where neither the owner nor any person claiming through or under him is in occupation of the land comprised in the estate, by entering upon the remaining in possession of the land; or
(b) enforced by action in the High Court.
(3) The right of forfeiture shall be
taken to have been waived if the Commissioner-
(a) accepts rent which has become due since the right of forfeiture has occurred or has by any other positive act shown an intention to treat the estate as subsisting; and
(b) is, or should by reasonable diligence have become, aware of the commission of the breach:
Provided that the acceptance of rent after
the Commissioner has commenced an action in the Court under subsection (2) shall
not operate
as a waiver.
Effect on
forfeiture on leases
137.
The forfeiture of an estate shall determine every lease and every other interest
appearing in the register relating to that estate
but where the High Court
grants relief against the forfeiture under section 139 every such lease and
other interest shall be deemed
not to have
determined.
Notice before
forfeiture
138. The
Commissioner shall not be entitled to exercise the right of forfeiture until he
has served on the owner of the estate and on
every other person shown by the
land register to be interested a notice-
(a) specifying the particular breach complained of; and
11 of 1970 Sched
(b) if the breach is capable of remedy, requiring the owner to remedy the breach within such reasonable period as is specified in the notice; and
(c) in any case other than non-payment of rent, requiring the owner to make compensation in money for the breach,
and the owner has failed to remedy the
breach within a reasonable time thereafter, if it is capable of remedy, and to
make reasonable
compensation in
money.
Relief against
forfeiture
139.- (1) The
owner of an estate upon whom a notice has been served under section 138, or
against whom the Commissioner is proceeding,
by action or re-entry, to enforce
his right of forfeiture, may apply to the High Court for relief, and the Court
may grant or refuse
relief, as the Court, having regard to the proceedings and
the conduct of the parties and the circumstances of the case, thinks fit,
and,
if it grants relief, may grant it on such terms as it thinks fit, and may, under
section 229, order rectification of the land
register.
(2) No application
by the owner of an estate for relief against forfeiture of the estate under
subsection (1) shall be entertained
by the Court in the case of forfeiture
effected by-
(a) action in which the owner has entered appearance, except in the course of that action;
(b) action in which the owner has not entered appearance, unless such application is made within six months of the order of forfeiture;
(c) re-entry unless, it is made within six months of the date of re-entry.
(3) The
High Court, on application by any person claiming as lessee or chargee any
interest in the land or part of the land comprised
in the estate forfeited or
sought to be forfeited, may make such order as it thinks just; and in particular
the order may provide
for the vesting of the estate or any other estate or any
part thereof or any interest therein in such lessee or chargee, for any
period,
subject to such rights and interests and on such terms as the Court in the
circumstances of the case thinks fit, and may,
under section 229, order
rectification of the land register:
Provided that nothing in this
subsection shall apply in the case of a forfeiture arising from a breach to
which the lessee is a party,
or from the breach of an express obligation against
leasing or parting with the possession of the land comprised in the estate or
charging the estate:
Provided further that no application under this
subsection be entertained by the Court unless it is made within six months of
the
date of re-entry or order of forfeiture as the case may be.
(4) This
section shall have effect notwithstanding any stipulation or agreement to the
contrary.
Restriction and effect of
subdivision
18 of 1972,
s.7
140.-(1) The owner of
an estate shall not, without the written consent of the Commissioner (which
consent may, subject to subsections
(3) and (4), be given subject to such
conditions as the Commissioner may consider fit to impose), create or dispose of
any interest
in the land comprised in the estate so as to effect a physical
subdivision of t that land, and the Registrar shall not register an
instrument
purporting to create or dispose of any such interest unless he is satisfied that
such consent has been obtained and that
the conditions imposed by the
Commissioner have been observed.
(2) The Commissioner shall not consent
to the subdivision of any land for an urban purpose except where such land is
wholly within
an area which has been designated as town land under section
135(4) or which has been declared to be a town under section 3 of the
Town
Planning Act*, and for the purposes of this subsection, any residential,
commercial or industrial use that is not wholly or
primarily ancillary to
agricultural use, shall be deemed to be an urban purpose.
18 of 1972,
s.7
* Cap. 15, 1969 Revised
Edition-Repealed by the Town and Country Planning Act, 1979.
(3)
Any person aggrieved by a decision of the Commissioner refusing consent under
subsection (1) or by any condition subject to which
consent is given may appeal
to the High Court, which may make such order as it thinks just, and such order
shall be final and conclusive
and shall not be questioned in any proceedings
whatsoever.
(4) Where the land comprised in an estate is subdivided the
rent (if any) payable in respect of such estate shall, unless the Commissioner
otherwise directs, be apportioned between the estates resulting from the
subdivision proportionately to the area of each, and the
owner of the estate in
each such subdivision shall-
(a) pay the rent as so apportioned; and
(b) perform the obligations incident to the estate so far as they affect his estate.
(5) Where, subject to section 168 (1)
(d), the land comprised in an estate
which is subject to a charge is subdivided, the owner of each estate resulting
from such subdivision
shall-
(a) pay the apportioned part (if any) of the moneys payable under the charge; and
(b) perform the obligations contained in the charge so far as they affect his estate:
Provided that unless the chargee in giving his consent to the subdivision under section 168 (1) (d) agrees to the apportionment of the moneys payable under or to severance of the obligations contained in the charge (which consent when given shall be irrevocable), nothing in this subsection shall be deemed to impair the right of the chargee to recover from any of the estates resulting from the subdivision the whole of the moneys payable under the charge or to enforce the charge against any of the estates so resulting.
(6) Nothing in this section shall
be deemed to invalidate any interest which is solely an interest in the proceeds
of sale of an estate
held upon trust for sale.
(7) For the purposes of
this section any freehold interest in land (which expression shall have the
meaning ascribed to it in section
9 (1)) which is or has been the subject of an
application for first registration shall be deemed to be an estate in
land.
18 of 1972,
s.7
Termination and surrender of
estates
141.- (1) A
fixed-term estate shall cease to subsist when the Commissioner has under section
136 (2) (a) lawfully re-entered and
recovered possession of the land comprised therein or for any other reason has
become entitled to be registered
as the owner thereof.
(2) If, within
three months of a revision of incident to an estate pursuant to section 135 (3),
the owner of the estate, with the
written consent of all persons appearing from
the register to be interested in the estate or in the land comprised therein, or
with
the leave of the High Court, gives to the Commissioner not less than three
months' notice in writing of his intention to surrender
the estate, then upon
the expiration of the notice the estate, if it is a perpetual estate, shall vest
in the Commissioner or, if
it is a fixed-term estate, shall cease to
subsist.
(3) Upon granting leave under subsection (2), the Court may
impose such terms as it thinks just, and make such further provision (including
the making of vesting orders) as it considers expedient.
(4) The
provisions of section 161 (which relates to surrender of leases) shall apply
mutatis mutandis to fixed term
estates.
(5) The fact that a perpetual estate has become vested in the
Commissioner or a fixed-term estate has ceased to subsist shall not
affect the
right of the Commissioner to recover any rent incident thereto which has accrued
due and not been paid, or damages for
the on-performance of any obligation
incident thereto, before the date on which the estate so vested or ceased to
subsist, and such
rent or damages may be recovered in proceedings instituted
either before or after the date on which the estate so vested or ceased
to
subsist.
(6) Where the Commissioner has become entitled to be registered
as the owner of a perpetual estate or where a fixed-term estate ceases
to
subsist, under this Part, he shall give notice of such fact to the Registrar
accompanied by such evidence as the Registrar may
require and the Registrar
shall make the appropriate entries in the land
register.
Qualified right to renewal of
fixed-term estates
142.-
(1) Where a fixed-term estate in any land has been granted for cultivation
purposes the owner of the estate shall be entitled to
a renewal of the grant for
a term not exceeding ninety nine years or the term of the estate, whichever is
the less:
Provided that-
(i) this subsection shall not apply in relation to any land designated as town land under section 135 (4) prior to the expiration of the fixed-term estate therein or required for a public purpose;
(ii) the renewal shall be subject to such obligations designed to secure development of the land and to restrict the use thereof to cultivation purposes as the Commissioner may insert in the grant;
(iii) the right of renewal conferred by this subsection shall not extend to any renewal of a fixed-term estate under this subsection; and
(iv) this section shall not apply to fixed-term estates created by section 100.
11 of 1977, s.8
(2) Section 135 (which relates to
payment and revision of rent) shall apply to a renewal of a fixed-term estate
made in pursuance
of subsection (1) as if the estate had continued to subsist
for the period of its renewal.
(3) For the purpose of this section, a
cultivation lease granted under the Land Act, and a lease for cultivation
purposes granted
by the Government prior to the date of commencement of the said
Land Act, shall be deemed to be a fixed-term estate granted for cultivation
purposes provided that the land comprised in such lease was not at the time of
the grant, native land within the meaning ascribed
to that expression in section
2 of the said Land Act.
Cap.
48
Rev. Ed. 1948
PART
XI
LEASES
Leases
24
of 1979, s.4
143.- (1)
Subject to the provisions of this Act including subsection (2) of this section
and of any other written law, the owner of an
estate, other than the
Commissioner, may lease the land comprised in that estate or part of it to any
person for a definite term
of for a period which though indefinite may be
determined by the lessor or the lessee, and subject to such conditions as the
lessor
may think fit:
Provided that nothing in this section shall be
construed to limit the power of the Commissioner to create a periodic
tenancy:
Provided further that, if any part is leased, and the lease is
required to be registered under this Act, it shall be accompanied by
a plan or
other description which the Registrar, in his absolute discretion, deems
adequate to identify the part leased.
(2) No lease shall be granted
without the prior written consent of the Commissioner to any person other than a
person in whom a perpetual
estate may be vested under the provisions of Part
VII.
Conditions for consent of
Commissioner
24 of 1979,s.
5
144.- (1) The
Commissioner shall not give his consent to the grant of a lease under subsection
(2) of section 143 unless and until he
is satisfied that the proposed lessee is
of good repute and has the capacity and ability to use and maintain and, where
applicable,
develop the land in accordance with the development and town and
country planning provisions applicable to the land and in a manner
consistent
with the promotion of the public benefit.
(2) Where an application is
made to the Commissioner for his consent under subsection (2) of section 143 the
Commissioner may make
such investigation and may require that he be supplied
with such information, references and other matter in support of the application
as he considers necessary for the proper consideration of the
application
Periodic
tenancies
18 of 1972,
s.18
145.- (1) Subject to
any written law governing tenancies -
(a) where in any lease the term is not specified and no provision is made for the giving of notice to determine the tenancy, the lease shall be deemed to have created a periodic tenancy;
(b) where the owner of an estate or a lease (other than the Commissioner) permits the exclusive occupation of the land comprised therein or any part thereof by any other person at a rent but without any agreement in writing, that occupation shall be deemed to constitute a periodic tenancy;
(c) the period of a periodic tenancy created by this section shall be the period by reference to which the rent is payable, and the tenancy may be determined by either party giving to the other notice, the length of which shall be not less than the period of the tenancy and shall expire on one of the days on which rent is payable.
(2) No periodic tenancy of any kind
shall be capable of registration, but for the avoidance of doubt a periodic
tenancy is hereby
declared to be an interest for the purposes of section 220
(which relates to the lodging of
caveats).
Registration of
leases
146. A lease for a
specified period exceeding two years or a lease which contains an option whereby
the lessee may require the lessor
to grant him a further term or terms which,
together with the original term, exceed two years, shall be in the prescribed
form, and
shall be completed by -
(a) opening a register in the name of the lessee;
(b) filing the lease; and
(c) registering the lease as an encumbrance in the register of the lessor's estate or lease.
Agreements
implied in leases on part of
lessor
147. On the lease
of the whole or part of an estate there shall be implied, on the part of the
lessor, a warranty that he has a good
right to grant the lease, and, in the
absence of express provision to the contrary, the following undertakings with
the lessee -
(a) that the lessor will, during the term created by the lease, and so far only as the lessee is not liable (under the terms of the lease or otherwise) so to do, pay the rent and perform the express or implied obligations incident to the estate and take all reasonable steps to ensure that the estate continues to subsist during the said term;
(b) that the lessee shall, so long as he pays the rent and performs the obligations which under the express or implied terms of the lease he is liable to pay and perform, peaceably hold and enjoy the leased premises during the term created by the lease without any interruption by the lessor or any person rightfully claiming under or in trust for him;
(c) not to use or permit to be used any adjoining or neighbouring land comprised in an estate or lease of which he is the owner in any way which would render the leased premises unfit or materially less fit for the purpose for which they were leased;
(d) where part only of a building is leased, to keep the roof, main walls and main drains, and the common passages and common installations, in repair;
(e) where any dwelling-house, flat or room is leased furnished, that such house, flat or room is fit for habitation at the commencement of the tenancy; and
(f) that if at any time the leased premises or any part thereof are destroyed or damaged by fire, civil commotion or accident not attributable to the negligence of the lessee, his servants or his licensees, so as to render the leased premises or any part thereof wholly or partially unfit for occupation or use, the rent or a just proportion thereof according to the nature and extent of the damage sustained shall be suspended and cease to be payable until the leased premises have again been rendered fit for occupation and use; but that if the leased premises have not been so rendered fit for occupation and use within six months of their destruction or damage as aforesaid, the lessee may at his option, and on giving one month's written notice of his intention so to do, determine the lease.
Agreement
implied in leases on part of
lessee
148. On the lease
of the whole or part of an estate, there shall be implied, on the part of the
lessee, in the absence of express provision
to the contrary, the following
undertakings with the lessor -
(a) to pay the rent reserved by the lease as and when the same becomes payable;
(b) to pay all rates, taxes and other outgoings which are at any time payable in respect of the leased premises during the continuance of the lease unless the same are payable exclusively by the lessor by virtue of any written law;
(c) to perform all such of the obligations incident to the estate as ought to be performed by the person in occupation of the land comprised in the estate or that part thereof which is leased;
(d) except where part only of a building is leased, or where a dwelling-house is leased furnished, to keep all buildings comprised in the lease in repair;
(e) where part only of a building is leased, or where a dwelling-house is leased furnished, to keep the leased premises, except the roof, main walls and main drains, and the common passages and common installations, in repair;
(f) where the lease is of furnished premises, to keep the furniture in as good conditions as it was at the commencement of the period, fair wear and tear only excepted, and to replace such articles as are lost, destroyed or so damaged as to be beyond repair with articles of equal value to those so lost, destroyed or damaged;
(g) to permit the lessor or his agent with or without workmen or others at all convenient times and after reasonable notice to enter on the leased premises and examine their condition;
(h) to repair or otherwise make good any defect or breach of agreement for which the lessee is responsible and of which notice has been given by the lessor to the lessee, within such reasonable period as may be specified in the notice; and
(i) not to subdivide, sublease or otherwise part with the possession of the leased premises or any part thereof or transfer or charge the lease, without the previous written consent of the lessor, but such consent shall not be unreasonably withheld.
Meaning of
"in repair"
149. Where an
agreement is contained or implied in any lease to keep a building or a
particular part of a building "in repair", it shall,
in the absence of an
express provision to the contrary, mean in such state of repair as that in which
a prudent owner might reasonably
be expected to keep his property, due allowance
being made for the age, character and locality of the building at the
commencement
of the lease:
Provided that there shall not be read into
such an agreement an undertaking to put any building into a better state of
repair than
that in which it was at the commencement of the
lease.
Lessor's consent to dealing with
lease
150. Upon the
registration of a lease containing an agreement, express or implied, by the
lessee that he will not subdivide, sublease
or part with the possession of the
land leased or any part thereof or transfer or charge the lease, without the
written consent of
the lessor, the agreement shall be noted in the register of
the lease, and no dealing with the lease shall be registered until the
consent
of the lessor, verified in accordance with section 203, has been produced to the
Registrar.
Lease of charged estate of
lease
151. Where an
estate or lease is subject to a charge, no lease of any of the land comprised in
the interest charged shall be registered
without the previous consent in writing
of the owner of the charge, verified in accordance with section 203, unless the
charge expressly
dispenses with the necessity for such
consent.
Future leases and duration of
leases
152.- (1) A lease
may be made for a period to commence on a future date, not later than twenty-one
years from the date on which the lease
is executed, but shall be of no effect
unless it is registered.
(2) Any instrument purporting to create a lease
to commence on a date more than twenty-one years after the date of the
instrument
or take effect on the fulfilment of any condition, shall be
void.
(3) Where the period of a lease is expressed as commencing on a
particular day, that day shall be excluded in computing that period.
(4)
Where no day of commencement is named, the period shall commence on the date of
first execution of the lease, and that day shall
be excluded in computing that
period.
(5) Where the period is a year or a number of years, in the
absence of an express agreement to the contrary, the lease shall last
during the
whole anniversary of the day on which such period
commences.
Deposition of leases for
limited periods
153.- (1)
A disposition of a lease for a limited period (being less than the whole
remaining portion of the period for which it was granted)
shall be by way of
sublease in accordance with the provisions of this Act.
(2) A disposition
of a lease by will which is not for the whole remaining portion of the period
for which it was granted, shall take
effect as a disposition of the lease to the
personal representative of the deceased owner of the lease, or, if there be no
personal
representative, to the official administrator, and in either case, upon
the statutory trusts.
Holding
over
154.- (1) Where a
person, having lawfully entered into occupation of any land as lessee, continues
to occupy that land with the consent
of the lessor after the determination of
the lease, he shall, subject to any written law and in the absence of any
evidence to the
contrary, be deemed to be a lessee holding the land on a
periodic tenancy on the same conditions as those of the lease, so far as
those
conditions are appropriate to a periodic tenancy.
(2) For the purposes of
this section, the acceptance of rent in respect of any period after the
determination of the lease shall,
if the former lessee is still in occupation
and subject to any agreement to the contrary, be taken as evidence of consent to
the
continued occupation of the
land.
Lessor's right of
forfeiture
155.- (1)
Subject to the provisions of section 157 and to any provision to the contrary in
the lease, the lessor shall have the right
to forfeit the lease if the lessee
commits any breach of, or omits to perform, any agreement or obligation on his
part expressed
or implied in the lease.
(2) The right of forfeiture may
be-
(a) exercised, where neither the lessee nor any person claiming through or under him is in occupation of the land comprised in the lease, by entering upon and remaining in possession of the land; or
(b) enforced by action in the High Court.
(3) The right of forfeiture shall be
taken to have been waived if -
(a) the lessor accepts rent which has become due since the breach of the agreement or obligation which entitled the lessor to forfeit the lease or has by any other positive act shown an intention to treat the lease as subsisting; and
(b) the lessor is, or should by reasonable diligence have become, aware of the commission of the breach:
Provided that the acceptance of rent
after the lessor has commenced an action in the Court under subsection (2) shall
not operate
as a waiver.
Effect of
forfeiture on
sublease
156. The
forfeiture of a lease shall determine every sublease and every other interest
appearing in the register relating to that lease
but -
(a) where the forfeiture is set aside by the Court on the grounds that it was procured by the lessor in fraud of the sublessee;
(b) where the Court grants relief against the forfeiture under section 157,
every such sublease and other interest
shall be deemed not to have determined.
Notice before and relief against
forfeiture
157. Sections
138 and 139 (which relate to notice before and relief against forfeiture) shall
apply mutatis mutandis to
leases.
Subdivision of
leases
158.- (1) Subject
to subsection (2), upon the application of a lessee for the division of his
registered lease into two or more leases
accompanied by a plan or other
description which the Registrar, in his absolute discretion, deems adequate to
identify the divisions,
the Registrar shall effect the division by closing the
register relating to such lease and opening new registers in respect of the
leases resulting from the division, and recording in the new registers all
subsisting entries appearing in the closed register:
Provided that
nothing shall be done under this section which would be inconsistent with this
Act or any other written law.
(2) Section 140 (which relates to the
restriction and effect of subdivision of an estate) shall apply to a lease in
like manner as
it applies to an estate and for that purpose shall be read as if
for references therein to an estate and the owner of an estate were
respectively
substituted references to a lease and the lessee, and for the reference to the
Commissioner in subsection (3) there
was substituted a reference to the
lessor.
Variation and extension of
leases
159. Subject to
the provisions of this Act, the agreements and obligations contained or implied
in any registered lease may be varied,
negative or added to, and the period of
any registered lease may from time to time be extended, by an instrument in the
prescribed
form executed by the lessor and the lessee for the time being and
registered before the expiration of the then current term of the
lease.
Subleases
160.-
(1) Subject to any provision express or implied in his lease affecting his right
to do so, the owner of a registered lease may
sublease for any period which is
less than the remainder of the period of his lease and if the sublease is
required to be registered
under this Act, it shall be effected by an instrument
in the prescribed form.
(2) Save as otherwise expressly provided in this
Act, the provisions of this Act affecting leases, lessors and lessees shall
apply
to subleases, sublessors and sublessees, with such adaptations as are
necessary.
(3) In addition to the agreements specified in this Act to be
implied in leases, there shall be implied in every sublease under this
Act an
agreement by the sublessor that he will, during the continuance of the sublease,
pay the rent reserved by the lease under
which the sublessor holds, and observe
and perform the agreements and obligations thereof.
(4) Where a sublessee
has paid to the sublessor's lessor the rent or any part of the rent payable by
the sublessor under the lease
under which the sublessor holds, the sublessee
shall be entitled to set off any sum so paid against the rent payable by him to
the
sublessor in respect of the
sublease.
Surrender of
leases
161.- (1) Where
the lessor and the lessee agree that a registered lease shall be surrendered, it
shall be surrendered in the following
manner, that is to say -
(a) an instrument shall be prepared in the prescribed form;
(b) the instrument shall then be executed by the lessee and by the lessor;
(c) the Registrar shall then cancel the registration of the lease; and
(d) the instrument shall then be filed,
and thereupon, or upon such earlier
date as is expressed in the instrument, the interest of the lessee shall
cease.
(2) No registered lease which is subject to a charge shall be
surrendered without the consent in writing of the owner of the charge
endorsed
on the instrument of surrender and verified in accordance with section 203, and
upon registration of the surrender the charge
shall cease to have
effect.
11 of 1970,
Sched
(3) Registration of the surrender of a lease which is
subject to a sublease shall not extinguish that sublease but the Registrar shall
register the sublease in the encumbrances section of the register on which he
registers the surrender, and the estate or l ease evidenced
by that register
shall, to the extent and for the purpose of preserving such incidents and
obligations as would otherwise have subsisted,
be deemed to be the reversion
expectant on the sublease.
Termination
of leases to be
registered
162.- (1)
Where a registered lease has expired or been determined the lessor shall apply
in writing to the Registrar to cancel its registration.
(2) An
application under this section shall be supported by such evidence of the
determination as the Registrar may require, and the
Registrar on being satisfied
of the matters set forth in the application shall cancel the registration of the
lease.
PART
XII
CHARGES
Form and effect of
charges
163.- (1) An
owner may, by an instrument in the prescribed form, charge his estate,
registered lease or charge to secure the payment
of an existing or a future or
contingent debt or other money or money's worth.
(2) The charge shall be
completed by its registration as an encumbrance and the registration of the
person in whose favour it is created
as the chargee and by filing the
instrument.
(3) A charge shall not operate as a transfer but shall have
effect as a security
only.
Supplementary provisions relating
to charges
164.- (1) An
owner of a registered interest may not create any security for the payment of
money enforceable against that interest other
than a charge under and in
accordance with this Part.
(2) The owner of an estate, a registered lease
or charge may create one or more charges in respect of such interest which shall
rank
according to the order in which they are registered.
(3) A security
for the payment of money, purporting to be enforceable against a registered
interest, which is created otherwise than
by way of a charge, or a charge which
is not registered, may give rise to a personal liability, but shall not be
enforceable under
this
Part.
Consolidations and further
advance
165.- (1) A
chargor seeking to discharge a charge shall be entitled to do so without
discharging any separate charge made by him or by
any person through whom he
claims, solely in respect of an interest other than that comprised in the charge
which he seeks to discharge.
(2) A prior chargee shall have a right to
make further advances to rank in priority to subsequent charges if, and only
if-
(a) an arrangement to that effect has been made with the subsequent chargee; or
(b) the charge imposes an obligation to make such further advances; or
(c) the charge was made expressly for securing a current account up to a specified limit, in which case the right shall extend only up to such limit.
(3) Where
a charge imposes an obligation to make further advances, or is. made expressly
for securing a current account up to a specified
limit, the Registrar shall,
when registering it, include in the relevant memorandum the words "subject to
further advances", or words
to that
effect.
Variation and sub-charges of
charges
166.-(1) Subject
to the provisions of this Act, the terms of a charge may be varied by an
instrument in the prescribed form made between
the parties for the time being to
the charge, but no such variation shall affect the rights of the owner of any
subsequent charge
registered before registration of the instrument of variation
unless he has consented thereto in writing endorsed on the instrument
of
variation and verified in accordance with Section 203.
(2) The provisions
of this Part shall apply to subcharges with the following modifications, that is
to say-
(a) for references therein to a charge there shall be substituted references to a subcharge;
(b) paragraph (c) shall be deemed to be deleted from section 168 (1); and
(c) the words "enter on the land and" shall be deemed to be deleted from section 171 (2) (b).
Discharge
of charges
167.- (1) The
Registrar shall, if required by the chargee, or on proof of the satisfaction in
whole or in part of a charge, in either
case in the prescribed form, register
the discharge in whole or in part of the charge.
(2) Where a chargor is
desirous of wholly satisfying a charge and the chargee, or, if there are two or
more chargees, any of the chargees,
is or are dead or cannot be found, the
chargor may pay the moneys owing in respect of the charge into the High Court;
and upon proof
of such payment the Registrar shall register the discharge of the
charge, and thereupon the charge shall cease to have
effect.
Obligation implied in
charges
168.- (1) There
shall be implied in every charge, unless the contrary is expressed therein, on
the part of the chargor, the following
obligations -
(a) to pay to the chargee the principal sum secured, and interest (if any) thereon, at the appointed time and rate;
(b) to pay interest (if any) at the appointed time and rate as well after as before any judgment is obtained in respect of the charge on so much of the principal sum (including arrears of interest, if any) as for the time being remains unpaid;
(c) to pay the rent and perform the obligations incident to the interest comprised in the charge;
(d) not to subdivide or lease the land or any part thereof comprised in the interest charged, or transfer, surrender or charge the interest without the previous written consent of the chargee, but such consent shall not be unreasonably withheld.
(2) A charge may provide for the
payment of interest at a higher rate than that appointed if the interest at the
appointed rate is
not paid within a specified period after the same shall have
become due; but so that the higher rate shall not exceed the appointed
rate by
more than three per centum per
annum.
Chargee's consent to
transfer
169. Where a
charge contains an agreement, express or implied, by the chargor with the
chargee that he will not subdivide or lease the
land or any part thereof
comprised in the interest charged or transfer, surrender or charge the interest
without the written consent
of the chargee, the agreement shall be noted in the
register relating to the interest and no such subdivision, lease, transfer,
surrender
or charge shall be registered until the written consent of the chargee
verified in accordance with section 203 has been produced
to the
Registrar.
Action for recovery of
debts
170. Any principal
sum or interest due under a charge may, subject to the provisions of section 171
(4), be recovered by action in any
court.
Enforcement of
charges
171.- (1) A
charge may be enforced upon application to the High Court, and not
otherwise.
(2) Upon any such application, the Court may make an order
-
(a) empowering the chargee or any other specified person to sell and transfer the interest charged, and providing for the manner in which the sale is to be effected and the proceeds of the sale applied;
(b) empowering the chargee or any other specified person to enter on the land and act in all respects in the place and on behalf of the owner of the interest for a specified period, and providing for the application of any moneys received by him while so acting; or
(c) vesting the interest in the chargee or any other person either absolutely or upon such terms as it thinks fit, but such order shall, subject to subsection (5), not take effect until registration thereof:
Provided that no such
order shall be made in respect of a person who is not a Solomon
Islander.
11 of 1977,
s.9
(3) The Court shall, in exercising its jurisdiction under this
section, take into consideration any action brought under section 170
and the
results thereof.
(4) After the Court has made an order under paragraphs
(a) or
(c) of subsection (2), or while an
order under paragraph (b) of
subsection (2) is in force, no action may be commenced or judgment obtained
under section 170 in respect of the charge, except
with the consent of the Court
and subject to such conditions (if any) as the Court may impose.
(5) Any
order made by the Court under this section shall for the purposes of subsection
(4) be effective from the time when it is
made.
PART
XIII
TRANSFERS
Transfer
24
of 1979, s.6
172.- (1) An
owner may, subject to the provisions of this Act including the provision to this
subsection and subsection, (2) transfer
his estate, registered lease or charge
to any person (including himself), with or without consideration, by an
instrument in the
prescribed form:
Provided that he shall not be entitled
to transfer his interest in any perpetual or fixed-term estate or lease or other
interest where
such estate or interest is held for a period in excess of 75
years to a person who is not a Solomon Islander or a class of person
as set out
in subsection (4) of section 112.
11 of
1977,s.10
(2) No fixed-term estate or lease shall be transferred
without the prior written consent of the Commissioner to any person other than
a
person in whom a perpetual estate may be vested under the provisions of Part VII
and the provision of section 144 (which relates
to the conditions of consent for
a grant of a lease) shall apply to a consent under this subsection as though
section 144 referred
throughout to such a
consent.
24 of 1979, s.6
(3)
A transfer shall dispose of the interest transferred for the whole remaining
portion (at the time when the disposition purports
to take effect) of the period
for which the interest was registered.
(4) A transfer shall not be
expressed to take effect on the happening of any event or on the fulfilment of
any condition or at any
future time.
(5) Any condition or limitation
purporting to restrain absolutely a transferee or any person claiming under him
from disposing of
the interest shall be void.
(6) An owner of a
registered interest may not dispose of the interest for the whole remaining
portion (at the time when the disposition
purports to take effect) of the period
for which the interest was registered, otherwise than by way of transfer in
accordance with
the provisions of this Act.
(7) The transfer shall be
completed by registration of the transferee as owner of the estate, lease or
charge and by filing the instrument.
(8) The Registrar may refuse to
accept a transfer unless and until it is accompanied by a statutory declaration
sworn by the transferor
and transferee declaring that the transferee is a
Solomon Islander or otherwise qualifies to hold an estate lease or other
registered
interest in accordance with subsection (4) of section
112.
11 of 1977,
s.18
Matters implied in
transfer
173.- (1) On the
transfer of an estate or a lease, there shall be implied -
(a) except in so far as the transfer may otherwise specify, a warranty, on the part of the transferor, that the rent and obligations incident to the estate or the lease have been paid and performed up to the date of the transfer; and
(b) on the part of the transferee, a covenant with the transferor that so long as the estate or lease subsists the transferee and the persons deriving title under him will pay the rent and perform the obligations incident to the estate or lease, and will keep the transferor and the persons deriving title under him indemnified against all consequences and liabilities arising out of the non-payment of the rent or the non-performance of any of the obligations.
(2)
On the transfer of an estate or a lease subject to a charge, there shall be
implied, in addition to the matters specified in subsection
(3)-
(a) except in so far as the transfer may otherwise specify, a warranty, on the part of the transferor, that nothing has been done or omitted up to the date of the transfer (including the payment of any moneys payable under the charge) which would render the charge liable to be enforced; and
(b) on the part of the transferee, an undertaking with the transferor that so long as the charge subsists the transferee and the persons deriving title under him will pay all moneys payable thereunder and perform the obligations contained therein, and will keep the transferor and the persons deriving title under him indemnified against all consequences and liabilities of or arising out of the non-payment of the said moneys or the non-performance of any of the said obligations.
(3) Upon registration of a transfer of a
charge, the transferee shall be entitled to all of the rights, powers and
remedies of the
chargee expressed or implied in the charge including the right
to recover any debt, sum of money, or damages thereunder, and all
the interest
of the transferor in any such debt, sum of money or damages, shall vest in the
transferee.
(4) A chargor shall not be bound to account to any person who
has acquired an interest in the charge unless the transfer or other
instrument
whereby such person became entitled has been registered and the chargor has been
notified in writing of the registration
by such person.
(5) A transfer of
an estate or lease which is subject to a lease shall be valid without the lessee
acknowledging the transferee as
lessor, but nothing in this subsection
shall-
(a) affect the validity of any payment of rent made by the lessee to the transferor; or
(b) render the lessee liable, on account of his failure to pay rent to the transferee, for any breach of agreement to pay rent,
before notice is given
to the lessee by the transferee, in the case of a registered lease, of
registration of the transfer, and in
the case of an unregistered lease, of the
transfer.
No transfer of part without
sub-division
174. No part
of an estate or registered lease shall be transferred until the owner has
-
(a) obtained the consent of the Commissioner under section 140 or section 158, as the case may be; and
(b) subdivided the land comprised in the estate or lease and new registers have been opened in respect of the estate or lease in each subdivision.
If
transfer instrument
unobtainable
175. If the
Registrar is satisfied that an interest has been sold or disposed of by the
registered owner thereof and that the whole of
the consideration for such sale
or disposition has passed but that a transfer or other proper instrument of
disposition cannot be
obtained because the registered owner is dead or out of
Solomon Islands or cannot be found or because for any reason it is impracticable
to obtain his signature within a reasonable time, then the Registrar may make a
vesting order to give effect to the sale or disposition
and shall register such
order, whereupon the person in whom the order vests the interest shall become
the transferee and registered
owner thereof.
PART
XIV
CONTROL OF
ADVERTISEMENT
Consent of Commissioner
required for advertisement
24 of
1979, s.7
176. No person
shall without the prior written consent of the Commissioner, advertise in
Solomon Islands or outside Solomon Islands any
interest in land, other than a
perpetual estate or a fixed-term estate to be held in excess of seventy five
years.
Particulars to be contained in
advertisement
24 of 1979,
s.7
177.- (1) The
Commissioner may require any person applying for a consent to advertise under
section 176 (in this Part referred to as
the applicant) to include in any
advertisement, which in the Commissioner's opinion is likely to come to the
attention of persons
outside Solomon Islands, such particulars as he may
consider necessary to make the advertisement true and fair including particulars
about-
(a) the description of land;
(b) the nature of the interest to be disposed of;
(c) development and town and country provisions applying to the land;
(d) proposed use of the land;
(e) exchange control and immigration legislation; and
(f) the provisions of this Act.
(2) Where the Commissioner has made a
requirement under subsection (1) no person shall publish either in Solomon
Islands or elsewhere
an advertisement in relation to the interest in land unless
it complies with the requirement.
Grounds for section 176 refusing
consent
24 of 1979,
s.7
178.- (1) The
Commissioner may refuse to consent for the purposes of section 176 where, in his
opinion, the proposed use referred to
in the advertisement is
(a) contrary to any town and country planning scheme;
(b) in conflict with the provisions of a development plan approved by a Provincial Assembly or the Honiara Town Council; or
(c) otherwise prejudicial to the use or development of the land for the promotion of the public benefit.
(2) Without prejudice to the
generality of subsection (1) where the Commissioner is of the opinion that the
advertisement is likely
to come to the attention of persons outside Solomon
Islands, he may refuse to consent for the purposes of section 176 unless and
until he is satisfied that-
(a) the applicant has given not less than three months prior notice to the Provincial Assembly or the Honiara Town Council, in whose area the land subject of the interest is situated, of the intention to advertise and the terms of the advertisement; and
(b) has taken such other steps as the Commissioner may require to bring his intention to advertise and the terms of the advertisement to the notice of other persons in that area or in Solomon Islands.
(3) Without prejudice to the
generality of the foregoing subsection the Commissioner may in any case require
that an advertisement
be first published as he may direct in Solomon Islands
before being published overseas and shall not give consent to the publication
of
the advertisement overseas until this requirement is complied with.
PART
XV
EASEMENTS AND PROFITS
Easements
179.-
(1) The owner of any estate or registered lease may by instrument in the
prescribed form grant an easement over the land comprised
in his estate or lease
for the benefit of any other land.
(2) (a) Any owner transferring, granting or leasing an estate or registered lease may in the transfer, grant or lease grant an easement, for the benefit of the land comprised in the interest transferred, granted or leased over the land comprised in any estate or registered lease retained by him.
(b) Any owner transferring, granting or leasing an estate or registered lease may in the transfer, grant or lease reserve an easement for the benefit of the land comprised in any estate, lease, freehold interest or leasehold interest retained by him.
(c) In this subsection "freehold interest" means a freehold interest in land, and "leasehold interest" means a leasehold interest in land, as defined in section 9 (1).
(3) The instrument creating the easement
shall specify clearly -
(a) the nature of the easement, the period for which it is granted, and any conditions, limitations or restrictions intended to affect its enjoyment;
(b) the land burdened by the easement and, if required, by the Registrar, the particular part thereof so burdened; and
(c) the land which enjoys the benefit of the easement,
and shall, if so required by
the Registrar, include a plan and such other details as are sufficient in the
Registrar's estimation
to define the easement.
(4) The grant or
reservation of the easement shall be completed by its registration as an
encumbrance in the register of the interest
burdened and, in the case of
registered land, in the property section of the register in respect of the
interest which benefits,
and by filing the instrument.
(5) An easement
granted by the owner of a fixed-term estate or a lease shall be capable of
existing only during the subsistence of
such estate or lease.
(6) Where a
grant of an easement over registered land is expressed to be appurtenant to land
which is not registered under this Act,
the Registrar shall not be concerned to
investigate the title of the
grantee.
Contributions to
repairs
180.- (1) Where
an instrument creating an easement contains a covenant binding either party to
contribute to the cost of construction,
maintenance or repair, of any way, wall,
drain or other the subject of the easement, then, unless a contrary intention is
expressed
in the instrument, so long as the easement subsists the covenant shall
bind any person deriving title under either party as if such
person had been a
party to the original covenant.
(2) This section shall not render any
person liable to contribute to expenditure incurred at a time before he became,
or after he
ceased to be, an owner of the estate or lease to which the liability
attached.
(3) For the purpose of subsection (2) any liability of an owner
of an easement shall cease from the time at which he delivers to the
owner of
the estate or lease burdened by the easement a release of the easement in the
prescribed form and acceptable for
registration.
Profits
181.-
(1) The owner of an estate or a registered lease may, by an instrument in the
prescribed form, grant a profit.
(2) The instrument shall indicate
clearly the nature of the profit, the period for which it is to be enjoyed, and
whether it is to
be enjoyed-
(a) in gross, or as appurtenant to other land; and
(b) by the grantee exclusively, or by him in common with the grantor.
(3) The grant
of a profit shall be completed -
(a) by its registration as an encumbrance in the register of the interest which it burdens;
(b) where it is appurtenant to land comprised in an estate or registered lease, by its registration in the property section of the register in respect of that estate or lease; and
(c) by filing the instrument.
(4) A profit which is not
appurtenant to land may be dealt with as though it were an estate.
(5) A
profit granted by the owner of a fixed-term estate or lease shall be capable of
subsisting only during the subsistence of the
estate or
lease.
Release and extinguishment of
easements and
profits
182.- (1) Upon
presentation of a duly executed release in the Release and prescribed form, the
registration of the easement or profit
shall be cancelled, and thereupon the
easement or profit shall be extinguished.
(2) Upon the application of any
person affected thereby, the Registrar may cancel the registration of an
easement or profit upon proof
to his satisfaction that-
(a) the period of time for which it was intended to subsist has expired; or
(b) the event upon which it was intended to determine has occurred.
Extinguishment
and modification of easements and profits by the
Court
183. The High Court
shall have power, on the application of any person interested in land affected
by an easement or profit (whether
created before or after the commencement of
this Act) by order wholly or partially to extinguish or modify the easement or
profit
(with or without payment by the applicant of compensation to any person
suffering loss in consequence of the order) on being satisfied
that-
(a) by reason of changes in the character of the property or the neighbourhood or other circumstances of the case which the Court deems material, the easement or profit ought to be held to be obsolete;
(b) the continued existence of the easement or profit impedes the reasonable user of the land for public or private purposes without securing practical benefits to other persons or, as the case may be, will unless modified so impede such user; or
(c) the proposed extinguishment or modification will not injure the person entitled to the benefit of the easement or profit.
PART
XVI
PUBLIC RIGHTS OF WAY
Definitions
18
of 1972, s.9
184. In this
Part-
"public terminal" means any part of a river to which the public has access or a right of access, the foreshore or a public road;
"foreshore" means all that land lying between the lines of mean high water and mean low water.
Public
right of way
18 of 1972,
s.9
185.- (1) Subject to
and in accordance with this Part, the Commissioner may create a right of way
across public land for the benefit
of the public.
(2) A public right of
way shall authorise the public to pass and repass between any specified area of
land and a public terminal.
Creation of
public right of way
18 of 1972,
s.9
186.- (1) An
application to the Commissioner to create a public right of way may be made by
any person.
(2) Where the Commissioner is of the opinion that the
creation of a public right of way is or might be expedient, he shall either
hold
an enquiry or make such other investigation as he thinks appropriate.
(3)
If on holding an enquiry or making an investigation the Commissioner is
satisfied that it is expedient for a public right of way
to be created he shall
make an order creating the right of way.
(4) An order made under
subsection (3) shall-
(a) describe sufficiently for purposes of identification-
(i) the land and the public terminal between which the right of way is to run; and
(ii) the route of the right of way;
(b) state whether or not those using the right of way may pass and repass with animals and vehicles; and
(c). contain such conditions and limitations (if any) as the Commissioner thinks appropriate.
Order
to be noted in land register
18 of
1972, s.9
187. As soon as
may be after making an order for the creation of a public right of way the
Commissioner shall furnish to the Registrar
a copy thereof together with such
other information thereof as may be requisite and the Registrar shall enter the
effect of every
such order on the
register.
Cost of survey
etc.
18 of 1972,
s.9
188. The cost of
surveying, constructing, maintaining or repairing a public right of way shall be
borne by the Commissioner.
Compensation
18
of 1972, s.9
189.- (1) If
in the exercise of the powers conferred by the preceding section any damage is
caused to any building, fence, tree or crop
lawfully erected or planted or to
any movable property, such damage shall be made good or compensation thereof
shall be paid to the
owner thereof by the Commissioner.
(2) Any dispute
as to the making good of such damage or the amount of compensation payable under
subsection (1) shall, unless the
parties otherwise agree, be referred to and
settled by a court.
190.- (1)
Where the Commissioner is of the opinion that it is inexpedient that a public
right of way should continue to exist, he may
hold an enquiry and thereafter
order the right of way to be extinguished.
(2) As soon as may be after
making an order under subsection (1) extinguishing a public right of way, the
Commissioner shall furnish
to the Registrar a copy thereof and the Registrar
shall make such amendment to the register as may be necessary.
PART
XVII
RESTRICTIVE
COVENANTS
Interpretations
191.
In this Part-
"restriction" means a restriction on the user of registered land created expressly by a covenant other than a covenant contained in a charge or lease;
"dominant land" means the land to which the benefit of a restriction is annexed;
"servient land" means the land subject to the burden of a restriction.
Registration
of restrictions
192.- (1)
Any owner entitled to burden registered land with restrictions may do so by an
instrument in the prescribed form and, subject
to the provisions of this
section, the Registrar shall, on presentation of the instrument in registrable
form, register the restrictions
and unless so registered a restriction shall not
bind persons deriving title under the owner.
(2) The Registrar shall not
register any such instrument unless -
(a) the obligations which it purports to create are negative or restrictive; and
(b) the instrument clearly indicates the dominant and servient land.
(3) The
Registrar may refuse to register an instrument purporting to create a
restriction if the obligations contained in the instrument
are in part positive
or affirmative.
(4) An instrument containing a restraint on the right of
an owner to transfer or otherwise to dispose of his interest in land shall
not
be registered pursuant to this section.
(5) The registration of an
instrument containing a restriction which would not have been binding on persons
deriving title under the
owner burdening the servient land shall not give the
instrument any greater operation or effect than it would have had without such
registration.
(6) The Registrar may, upon the application of the owner of
an estate in or registered lease of the servient land, or of his own motion,
cancel the registration of a restriction which has become unenforceable against
persons deriving title under such owner, or which
for any reason should not have
been registered.
Release and variation
of restrictions
193.- (1)
The burden of a restriction may be released wholly or in part, and the
obligation created by a restriction may be varied, by
an instrument in the
prescribed form executed by the owner for the time being of the interest
entitled to the benefit of the restriction
and by every other person having a
registered interest in the dominant land, and upon application by the owner of
any interest in
the servient land the Registrar shall register such instrument:
Provided that the Registrar shall not register an instrument of
variation which has the effect of making the restriction more onerous
unless
there is produced to him the consent, verified in accordance with section 203,
of every person other than the applicant shown
by the register to be the owner
of an interest in the servient land.
18 of
1972, s.10
(2) Where the dominant land is not registered land the
Registrar shall not be concerned to investigate the title to that land.
(3) The registration of an instrument of release or variation shall not
give the instrument any greater operation or effect than it
would have had
without such registration.
(4) The Registrar shall register any order of
the High Court extinguishing wholly or in part a restriction already registered,
or
varying the provisions of such restriction, if the order is produced to him
for such purpose.
Duration of
restrictions
194.- (1)
Unless extended in the manner provided by this section, a restriction shall
cease to be enforceable against persons deriving
title under the owner burdening
the servient land at the expiration of ten years from the date of registration
thereof, and the Registrar
shall cancel such registration.
(2) A
restriction which has not become unenforceable may from time to time be extended
by an instrument in the prescribed form executed
by the owner of any interest in
the dominant land and entitled to the benefit of the restriction, and the
Registrar shall register
any such extension.
(3) Each instrument of
extension may prolong the duration of a restriction for a period of ten years
from the date on which the instrument
of extension has been
registered.
(4) Where for any reason (other than the expiration of the
period referred to in subsection (1) and of any extension of such period)
a
restriction would have become unenforceable, an instrument of extension shall
not prolong the duration of such restriction beyond
the time for which it would
otherwise have enured.
(5) Where the dominant land is not registered land
the Registrar, for the purpose of registration of an extension executed by a
person
claiming to have an interest in that land shall not be concerned to
investigate the title to that land; but such registration shall
not prolong the
duration of the restriction unless the person executing the instrument of
extension was, at the relevant time, entitled
to the interest which he claimed
to have.
(6) Any restriction extended pursuant to this section shall
enured for the benefit of every person who, during the period of the extension,
is entitled to an interest in the dominant land.
PART
XVIII
CO-OWNERSHIP AND
PARTITION
Co-ownership
195.-
(1) Every disposition whereby a registered interest in land would become vested
in more than five persons shall, notwithstanding
anything to the contrary
contained therein, operate to vest the interest in the first five persons named
in the disposition as joint
owners on the statutory trusts.
(2) An
instrument required to be registered under section 116, made in favour of two or
more persons, shall show whether such persons
are joint owners or owners in
common, and in the case of owners in common, the share of each such
owner.
(3) No interest in land shall be registered in the names of more
than one Solomon Islander as joint owners, unless there is produced
to the
Registrar a statutory declaration made in public by each of the joint owners
setting forth the names, description or group
name and, so far as is
practicable, the interests of the persons beneficially interested; and where any
interest is so registered
no disposition of the interest shall be registered
unless there is similarly produced to the Registrar a statutory declaration made
in public by each of the joint owners that the persons beneficially interested
have been consulted and that those of such persons
in favour of the disposition
of the interest are entitled to the major portion of the beneficial interests in
the said interest of
which the disposition is sought to be
registered:
18 of 1972, s.
11
Provided that the Registrar may dispense with such statutory
declaration in any case in which he is satisfied on such evidence as
he may
require that the joint owners alone are the persons beneficially
interested:
Provided further that no statutory declaration shall be
required in the case of a lease executed in pursuance of section 69
(1)(b)(ii).
18
of 1972, s. 11
Ownership in
common
196.- (1) Where a
registered interest in land is owned in common the owners shall be entitled to
undivided shares in the interest in
such proportion as may be registered and on
the death of any of the owners in common his share shall be administered as part
of his
property.
(2) Persons described as owners in common shall, in the
absence of any expression to the contrary, be presumed to be entitled in equal
shares.
(3) No owner in common of a registered interest in land shall
dispose of his undivided share in favour of any person other than another
owner
in common of the same interest except with the consent in writing of the
remaining owner or owners of the interest, but such
consent shall not be
unreasonably
withheld.
Partition
197.
An application in writing to the Registrar for partition of the land comprised
in an estate or registered lease held in common may
be made by -
(a) any one or more of the owners; or
(b) any person in whose favour an order has been made for the sale of an undivided share in execution of a judgment,
and, subject to the consent of the
Commissioner (which may be subject to conditions) and to any written law
relating to minimum areas
or frontages, the Registrar shall effect the partition
of the land comprised in the estate or lease in accordance with any agreement
of
the owners in common or in the absence of agreement in such manner as the
Registrar may determine.
When Registrar
may order sale
198.- (1)
Where for any reason the land sought to be partitioned is incapable of partition
or the partition would adversely affect the
proper use of the land comprised in
the estate or lease, and a demand is made by the applicant or one or more of the
owners that
the estate or lease or any share or shares in the estate or lease be
sold, the Registrar shall, in default of an agreement between
the owners in
common, value the estate or lease and the shares of the owners in common, and
order the sale of the estate or lease,
or the separation and sale of such shares
or make such other order for the disposal of the application as he thinks
fit.
(2) (a) Where the Registrar orders a sale under subsection (1), such sale shall, subject to paragraph (b), be carried out as far as may be in the manner prescribed for the sale of immovable property in the execution of a judgment of the High Court.
(b) An owner in common may purchase the estate or lease or any share so offered for sale at any time by private treaty or otherwise.
Procedure
where shares are
small
199.- (1) Where the
land sought to be partitioned is capable of partition generally, but the effect
of partition would be that any particular
owner in common would then be the sole
owner of an estate or lease in an area of land less than any minimum prescribed
by or under
any written law, the Registrar shall add the share of such owner to
the share of any of the other owners in common or distribute
the share of such
owner in common amongst two or more of the other owners in common in such manner
and in such proportions as, in
default of agreement, he thinks fit.
(2)
Where the Registrar proceeds in accordance with the provisions of subsection
(1), he shall assess the value of the share added
or distributed and shall order
that there be paid to the owner of such share by each owner who has received an
addition to his share
the value of such addition.
(3) Where any sum is
payable under subsection (2) by any owner in common to any other owner in
common, the Registrar may order that
such sum shall be secured by way of a
charge on the share of the person liable to pay
it.
Joint
ownership
200.- (1) Where
a registered interest in land is owned jointly the joint owners shall hold on
the statutory trusts.
(2) Where two or more persons are joint owners of a
registered interest in land -
(a) a disposition of the interest shall be made only by all the joint owners; and
(b) on the death of a joint owner the interest shall vest in the surviving owner or owners.
PART
XIX
INSTRUMENTS AND
AGENTS
Form of
instrument
201.- (1)
Every disposition of a registered interest in land shall be effected by an
instrument in the prescribed form or in such other
form as the Registrar may in
any particular case approve, and every person shall use a printed form issued by
the Registrar, unless
the Registrar otherwise permits.
(2) Every such
instrument shall contain a true statement of the amount or value of the purchase
price or loan or other consideration
(if any) and, where appropriate, an
acknowledgment of the receipt of the consideration.
Execution of
instruments
202.- (1)
Subject to the provisions of this Act, every instrument evidencing a disposition
of an interest in land and required to be registered
under section 116 shall be
executed by all persons shown by the register to be owners of the interest at
the time of registration
of the instrument and by all other parties to the
instrument:
Provided that the Registrar may dispense with the execution
by any other party (other than the donee in a disposition by way of gift)
where
he considers that such execution is unnecessary.
(2) An instrument shall
be deemed to have been executed-
(a) by a natural person if signed by him; and
(b) by a corporation-
(i) if sealed with the common or official seal of the corporation affixed thereto in the presence of and attested by its clerk, secretary or other permanent officer and by a member of the board of directors, council or other governing body of the corporation, or in the presence of and attested by two members of such board, council or other governing body; or
(ii) in the case of a corporation not required by law to have a common seal, if signed by such persons as are authorised in that behalf by any l aw or by the statute or charter of the corporation or, in the absence of any express provision, by the persons duly appointed in writing for that purpose by the corporation, evidence of which appointment has been produced to the satisfaction of the Registrar.
(3) Where a
seal purporting to be the seal of a corporation has been affixed to an
instrument, attested by persons purporting to be
persons holding offices
specified in subsection (2)(b)(i), the
instrument shall be deemed to have been executed in accordance with the
requirements of that subsection.
18 of
1972, s.12
Verification of
execution
203.- (1)
Subject to subsection (3) a person, other than the Commissioner and a body
corporate, executing an instrument required to be
registered under section 116,
shall appear before the Registrar or a person prescribed as an authorised
officer for the purposes
of this section, and, unless he is known to the
Registrar or such authorised officer, shall be accompanied by a credible witness
for the purpose of establishing his identity.
(2) The Registrar or such
authorised officer shall satisfy himself as to the identity of the person
appearing before him and ascertain
whether he freely and voluntarily executed,
and appeared fully to understand, the instrument, and shall complete thereon a
certificate
to that effect.
(3) The Registrar may dispense with
verification under this section -
(a) if he considers that it cannot be obtained or can be obtained only with difficulty and he is otherwise satisfied that the document has been properly executed; or
(b) in cases in which to his knowledge the document has been properly executed,
and
shall record on the document his reasons for dispensing with the appearance of
the
parties.
Stamps
204.
No instrument required by law to be stamped shall be accepted for registration
unless it is duly stamped.
Disposal of
instructions
205.- (1)
Subject to subsection (2) all instruments accepted by the Registrar shall be
retained in a land registry for as long as they
support a current entry in the
land register and for six years thereafter.
(2) When a lease or charge is
registered, and the duplicate or triplicate thereof is produced to the
Registrar, particulars of registration
shall be noted thereon and the duplicate
and the triplicate shall be returned to the person who presented them, but such
note shall
not be taken to involve the Registrar in liability for any inaccuracy
which may exist in any such duplicate or triplicate.
(3) After six years
after an entry in the register has been superseded or has ceased to have any
effect, the Registrar may destroy
any instrument which supported the
entry.
Infants and person who are
mentally infirm
206.- (1)
If the Registrar has reason to believe that any person whose name is entered on
the land register is under the age of twenty-one
years or incapable by reason of
mental infirmity, of acting, he shall refuse to register any transaction to
which that person is
expressed to be a party or affecting any right or interest
owned by or vested in that person, unless the transaction is effected
or
approved in writing by the guardian of that person.
(2) Where any person
claims to be the guardian of a person whose name is entered on the land register
and who in the opinion of the
Registrar is under the age of twenty-one years or
incapable by reason of mental infirmity, of acting, the Registrar may in his
discretion
require him to apply to the High Court for confirmation of his claim.
(3) On the hearing of an application under subsection (2), the Court may
make an order-
(a) declaring that the applicant is the guardian of the person in question; or
(b) appointing some other person to be such guardian.
Powers
of attorney
207.- (1) The
Registrar shall, subject to the provisions of this section, maintain a register
of powers of attorney in such form and
manner as he may deem fit.
(2)
Upon the application of the donor or the donee of a power of attorney which
contains any power to dispose of any interest in land,
such power of attorney
shall be entered in the register of powers of attorney and the original, or with
the consent of the Registrar,
a copy thereof certified by the Registrar, shall
be filed in the file of powers of attorney.
(3) Every such power of
attorney shall be in the prescribed form and shall be executed and verified in
accordance with sections 202
and 203, except where the Registrar in any
particular case otherwise permits.
(4) The donor of a power of attorney
registered under this section may at any time give notice to the Registrar in
the prescribed
form, or in such other form as the Registrar may approve, that
the power has been revoked, and thereupon the revocation shall be
entered in the
register of powers of attorney and noted upon the power, and the notice shall be
filed in the file of powers of attorney.
(5) Any interested person may
give notice in writing to the Registrar that a power of attorney which has been
registered under subsection
(2) has been revoked by the death, bankruptcy or
disability of the donor or the death or disability of the donee, accompanied by
such evidence as the Registrar requires, and thereupon the revocation shall be
entered in the register of powers of attorney and
noted upon the power, and the
notice shall be filed in the file of powers of attorney.
(6) Subsections
(4) and (5) shall not apply to a power of attorney given for valuable
consideration during any time during which it
is, by virtue of the terms
thereof, irrevocable.
(7) If, owing to the length of time since the
execution of a power of attorney or for any other reason the Registrar considers
it
desirable, he may require evidence that the power has not been revoked, and
may refuse to register any disposition by the donee of
the power of attorney
until satisfactory evidence is produced.
Effect of registered power of
attorney
208.- (1) A
power of attorney which has been registered under section 207 and of which no
notice of revocation has been registered under
that section shall be deemed to
be subsisting as regards the Registrar and any person acquiring any interest in
land affected by
the exercise of the power, for valuable consideration and
without notice of revocation and in good faith, or any person deriving
title
under such a person.
(2) Any person making any payment or doing any act
in good faith in pursuance of a power of attorney registered under section 207,
shall not be liable in respect of the payment or act by reason only that before
the payment or act the donor of the power had died
or become subject to a
disability or become bankrupt, or had revoked the power, if the fact of death,
disability, bankruptcy or revocation
was not at the time of the payment or act
known to the person making or doing the payment or act.
PART
XX
TRANSMISSION AND
TRUST'S
Transmission of death of
sole owner or owner in common
2 of
1987, s.109
209.- (1)
Where, upon the death of a sole owner or an owner in common of a registered
interest, that interest belongs to the Government
as
bona vacantia, the Commissioner shall
be entitled to be registered as the owner on behalf of the
Government.
(2) The Public Trustee or other personal representative, or
the Commissioner, on application to the Registrar in the prescribed form
accompanied by proof of his authority to act, shall be entitled to require the
Registrar-
4 of 1987, s.42
(a) to register him by transmission as owner in the place of the deceased and in the case of the official administrator or other personal representative, with the addition after his name of the words "as executor of the estate of ..................deceased" or "as administrator of the estate of.................... deceased" as the case may be; or
(b) to register some other specified person as owner, owner in common, or joint owner of the deceased's interest.
(3) If no personal representative,
other than the Public Trustee is appointed within a period of six months from
the death of the
owner, the Public Trustee may apply to the High Court for the
appointment of some other personal representative.
(4) For the purposes
of subsection (2) authority to act shall consist of a certificate of grant under
section 57 of the Wills, Probate
and Administration Act, a grant of probate of a
will, a grant of letters of administration or an order of the High
Court.
2 of 1987,
s.109
Transmission in other
cases
210. Where any
person has become entitled to any registered interest under any written law or
by virtue of any order or certificate of
sale made or issued under any such law,
the Registrar shall, on the application of any interested person supported by
such evidence
as he may require, register the person entitled, as the owner of
that interest.
Transmission on
bankruptcy
211.- (1) Upon
the bankruptcy of the owner of a registered interest, his trustee in bankruptcy
shall, on proof of his appointment and
of the fact that the interest is part of
the property of the bankrupt divisible amongst his creditors, be entitled to be
registered
as owner of the interest in his place; and the official receiver
shall, on proof of the receiving order and of the aforesaid fact,
be entitled to
be registered as owner of the interest pending the appointment of a trustee in
bankruptcy.
(2) A trustee in bankruptcy shall be described in the
register as "trustee of the property of...................., a
bankrupt".
(3) The trustee in bankruptcy shall hold any interest of which
he is registered as owner subject to any restrictions contained in
any written
law relating to bankruptcy or in any order of court and subject to any
liabilities, rights or interests which are unregistered
but are nevertheless
enforceable and subject to which the bankrupt held the same, but for the purpose
of any disposition of such
interest the trustee in bankruptcy shall have all the
rights and be subject to all the limitations conferred or imposed by this or
any
other written law on an owner who has acquired an interest for valuable
consideration.
(4) Where a trustee in bankruptcy disclaims a registered
interest and an order is made by a court vesting the interest in any person,
the
Registrar shall, on being served with such order, forthwith, without notice to
the bankrupt or any other person, enter the effect
thereof on the register, and
no right to indemnity under this Act shall arise by reason of his so
doing.
Trusts
212.-
(1) The owner of an interest may own it for his own use and benefit or as a
trustee.
(2) The Registrar shall not enter any trust on the land
register.
(3) An instrument which declares, or is deemed to declare, any
trust, or a certified copy thereof, may be deposited with the Registrar
for safe
custody and reference; but such instrument or copy shall not form part of the
land register or be deemed to be registered.
(4) Wherever the Registrar
becomes aware that any registered interest is affected by a trust, he may, but
shall not be bound to, protects
in such manner as he thinks fit the rights of
any person beneficially interested under the trust or thereby required to give
any
consent.
Capital money under
trust
LN 88 of
1978
4of 1978,
s.42
213.-(1) Neither the
proceeds of the sale of an interest held upon the statutory trusts, nor any
other capital money arising under any
transaction relating to an interest so
held, shall be paid to or applied by the direction of fewer than two persons as
trustee except
where the trustee is the Public Trustee or a trustee in
bankruptcy or is a corporation approved for the purposes of this section
by the
Minister by notice; but this subsection shall not, except where capital money
arises on a transaction, render it necessary
to have more than one
trustee.
(2) Subject to the provisions of this Act, joint owners of an
interest shall, when acting together, have all the powers of dealing
with that
interest which would be possessed by a person if he were sole owner
thereof.
Statutory
trusts
214.-(1) For the
purposes of this Act, a registered interest held upon the statutory trusts shall
be held upon trust to sell the same
with power to postpone such sale as the
trustees think fit and to stand possessed of the net proceeds of sale, after
payment of costs,
and of the net rents and profits until sale, after payment of
all outgoings, upon such trusts, and subject to such powers and provisions,
as
may be requisite for giving effect to the rights of the persons beneficially
interested in the interest.
(2) An estate or lease held upon the
statutory trusts may, subject to the provisions of section 140, be divided by
the trustees amongst
the beneficiaries under the trust, and on any such division
the trustees may provide for the payment either in cash or by way of
a charge of
equality money.
(3) Any beneficiary under the trust who objects to the
exercise or proposed exercise of the powers granted by subsection (2) may,
either before such exercise or within six months thereafter, apply to the High
Court, which may make such order as it thinks just
and may under section 229
order rectification of the land register.
(4) The trusts and powers set
out in this section shall be deemed to be incorporated in any instrument which
operates expressly to
vest any registered interest in land in any person upon
the statutory trusts or whereby any person expressly declares that he holds
upon
the statutory trusts any registered interest in land already vested in
him.
Effect of transmission by
death
215.- (1) Subject
to any restriction on his power of disposing of the interest contained in his
appointment, the personal representative
or the person beneficially entitled on
the death of a deceased owner of a registered interest, as the case may be,
shall hold the
interest subject to any liabilities, rights or interests which
are unregistered but are nevertheless enforceable and subject to which
the
deceased owner held the same, but for the purpose of any disposition he shall be
deemed to have been registered as owner thereof
with all the rights conferred by
this Act on an owner who has acquired an interest for valuable
consideration.
(2) The registration of any person as aforesaid shall
relate back to and take effect from the date of the death of the deceased
owner.
Transmission on death of joint
owner
216. On the proof
of the death of any person registered as joint owner of any interest, the
Registrar shall register the survivor or
survivors as owner or owners of the
interest and he or they shall thereupon become the transferee or transferees of
such interest
and the registered owner or owners
thereof.
Construction of this
part
11 of 1977,s.
11
217. This Part shall
be read and construed subject to the provisions of Part VII and subsection (3)
of section 112.
PART
XXI
JUDGMENTS, WRITS AND VESTING
ORDERS
Executions, judgements
and pending actions
218.-
(1) The Registrar, on being served with a copy of a writ of execution or
judgment, decree or order of any court and on being satisfied
that an interest
which is entered on the land register is affected thereby, shall mark on such
copy the date of such service and
enter a note thereof on the land register, and
no disposition of the interest pursuant to such writ, judgment, decree or order
shall
be effected until the note has been so entered.
(2) After the
interest has been dealt with pursuant to any such writ, judgment, decree or
order, the Registrar shall, on lodgement
of an instrument effecting the dealings
in the appropriate form, register such instrument if lodged within a period of
three months
from the date of service of the copy on the Registrar, in which
case no other instrument disposing of the interest and lodged after
the service
of the copy but before the lodgement of the first-mentioned instrument shall be
registered or be deemed to be lodged
for registration; but if no such instrument
is lodged within the period of three months the writ, judgment, decree or order
shall
cease to affect the interest.
(3) On the registration of a transfer
by way of sale pursuant to the provisions of subsection (2) the purchaser shall
become the transferee
and registered owner of the interest in all respects as if
the transfer were a transfer for value by the registered owner.
(4) Upon
proof to the Registrar of the satisfaction of any writ, judgment, decree or
order a copy whereof has been served as aforesaid
he shall make an entry on the
land register to that effect, whereupon such writ, judgment, decree or order
shall cease to affect
the interest concerned.
(5) Save as in this section
provided no execution or pending action shall affect any registered
interest.
Vesting orders and
instruments
219. No
vesting order made by any court, and no instrument effecting a change in
trusteeship, shall have any effect in transferring or
otherwise vesting any
registered interest until the same has been registered.
PART
XXII
CAVEATS
Lodging of
caveats
220.- (1) Any
person who-
(a) claims an interest in registered land;
(b) claims a benefit under a trust affecting a registered interest;
(c) claims an interest in registered land under an unregistered instrument;
(d) claims a licence affecting a registered interest; or
(e) has presented a bankruptcy or winding-up petition against the owner of a registered interest,
or the agent of any such person, may
lodge with the Registrar a caveat in the prescribed form forbidding the
registration of any person
as transferee of, or of any instrument affecting,
that interest, either absolutely or conditionally, and may at any time withdraw
the caveat.
(2) A note of every caveat shall be entered on the register
and the Registrar shall take such steps as he thinks fit to bring the
caveat to
the notice of the registered owners of interests affected by it.
(3)
Every caveat shall specify an address in Solomon Islands, and the caveator may
at any time prior to the receipt by the Registrar
of an application for the
removal of the caveat under section 223, by notice in writing to the Registrar,
appoint an address in Solomon
Islands in lieu of the address specified in the
caveat, whereat notices relating to the caveat or proceedings in respect thereof
may be served on the caveator.
(4) Every notice relating to any caveat
and any proceedings in respect thereof shall be deemed to be duly served if
served at the
address in Solomon Islands specified under subsection
(3).
Effect of
caveat
221. So long as
any caveat remains in force the Registrar shall not, except in accordance with
the provisions of the caveat or with the
consent in writing of the caveator or
his agent, enter on the land register any change in ownership (except a
transmission under
sections 209, 210 or 211) of or any dealing (except a dealing
which is shown to the satisfaction of the Registrar not to be to the
prejudice
of the person for whose protection the caveat has been lodged) affecting the
interest or licence in respect of which the
caveat is lodged; but no instrument
already lodged and acceptable for registration shall be affected by any caveat
lodged subsequently.
Registrar's
caveat
222. The Registrar
may enter a caveat to prohibit any transfer or dealing with any interest
belonging or supposed to belong to a person
under a disability or absent from
Solomon Islands, or to prohibit dealings with any interest in any case in which
it appears that
an error has been made in the register or any instrument, or to
prevent any fraud or improper
dealing.
Duration of
caveats
223.-(1) Subject
to the provisions of this section, a caveat, other than a caveat entered by the
Registrar or lodged by the Commissioner,
shall lapse, as to any interest
affected by any transfer or other dealing, except -
(a) a transmission under sections 209, 210 or 211;
(b) a transfer or dealing to which the caveator or his agent has lodge with the Registrar his consent in writing;
(c) a transfer or dealing which is shown to the satisfaction of the Registrar not to be to the prejudice of the person for whose protection the caveat has been lodged,
upon the expiration of thirty days
after notice given by the Registrar to the caveator that a transfer or dealing
has been lodged
for registration, which notice shall be given whenever any
transfer or dealing whatsoever is lodged.
(2) Notwithstanding the
provisions of subsection (1), but subject to the provisions of subsection (6),
the Registrar may at any time
and from time to time and on such conditions as he
deems fit extend the operation of a caveat or revive a lapsed caveat; and if the
caveator serves upon the Registrar a certified copy of pending Court proceedings
the Registrar shall extend the operation of the
caveat until the outcome of
those proceedings.
(3) If a caveator dies the caveat may be withdrawn, or
a consent to registration under subsection (1)
(b) may be given by his personal
representative, or if there is no such representative, by any person who appears
to the Registrar to
be properly entitled to the interest claimed by the
caveator, subject, if the Registrar so requires, to his receiving satisfactory
indemnity against claims against him or the Government arising out of his
acceptance of the withdrawal or consent so given.
(4) Any person
adversely affected by any caveat may apply to the Registrar for the removal of
the caveat.
(5) The Registrar on his own motion may, or on the
application of any interested person shall, give notice to a caveator requiring
him to withdraw his caveat or to substantiate his claim, and if the caveator
does not comply with the notice, within thirty days
or within the said period
file with the Registrar a certified copy of pending Court proceedings the
Registrar shall remove the caveat
from the land register.
(6) A caveat
which has been removed in pursuance of subsection (5) shall not be renewed by or
on behalf of the same person in respect
of the same claim.
(7) Any person
lodging any caveat with the Registrar or allowing any caveat to remain without
reasonable cause shall be liable to
pay such compensation as the High Court
thinks just to any person who sustains damage or who has incurred costs or
expenses thereby.
(8) In this section, the expression "pending Court
proceedings" means pending proceedings in the High Court as a result of which
the
validity or invalidity of the claim of the caveator appears likely to be
determined.
PART
XXIII
PRESCRIPTION
Acquisition of land by
prescription
11 of 1977,
s.2
224-(1) The ownership
of an estate or a registered lease may be acquired, subject to Part VII, against
the person registered as the owner
of the estate or the lease, as the case may
be, by peaceable, overt and uninterrupted adverse possession of the land
comprised in
the estate or lease for a period of twelve years:
Provided
that -
(a) the interest acquired in the land by virtue of this section shall be the owner against whom the adverse possession occurs; and
(b) no person shall so acquire the ownership of any estate or lease in any land vested in or owed by the Commissioner or a local authority.
(2). Any
person claiming to have acquired an estate or lease by virtue of the provisions
of the sib-section (1) may, after having
advertised or given notice in such
manner as the High Court may direct, apply to High Court for an order that he be
registered as
the owner
thereof.
Principles of adverse
possession
225.- (1) For
the purpose of section 224 -
(a) possession of land shall be adverse possession when it is possessed by a person, not being the owner, without the permission of the person lawfully entitled to possession and accordingly possession by a person of land comprised in a lease without the permission of the owner of the lease shall be adverse possession against that owner but not against the owner of estate or lease from whom the owner of the lease derives title;
(b) where land is subject to a lease the receipt of the rent and profits of the land by any person who is not the lessor for the time being or a person authorised by him shall be deemed to be adverse possession against the lessor; and
(c) possession of a claimant shall not qualify as adverse possession unless it is possession of the claimant in person or is deemed to have been such possession by the following provisions in this section.
(2) Where it is shown that a person
has been in possession of land, or in receipt of the rents or profits thereof at
a certain date
and is still in possession or receipt thereof, it shall be
presumed that he has, form that date, been in continuous possession of
the land
or in continuous receipt of the rents or profits until the contrary is
shown.
(3) Possession of land or receipt of the rents or profits thereof
by any person through whom a claimant derives his title shall be
deemed to have
been possession or receipt of the rents of the rents of profits by the
claimants.
(4) Adverse possession be a succession of persons not claiming
through one other shall not be deemed to be uninterrupted adverse possession
within the meaning of section 224.
(5) Where from the relationship of the
parties or from other special cause it appears that the person in possession of
land is or
was in possession on behalf of another , his possession shall be
deemed to be or to have been the possession of that other.
(6) If a
person whose possession of land is subject to conditions imposed by or on behalf
of the owner of an estate therein or lease
thereof continues in such possession
after the expiry of the term during which such conditions subsist without
fulfilling or complying
with such condition and without any exercise by the
owner of his right to the land, such subsequent possession shall be deemed to
be
peaceable, overt an interrupted adverse possession for the purpose of section
224.
(7) For the purpose of sub-section (6) -
(a) a tenancy at will shall be deemed to have determined at the expiration of a period of one year from the commencement thereof unless it has been previously determined;
(b) a tenancy from year to year or other period shall be deemed to have been determined at the expiration of the first year or other period.
Provided that
where any rent has been subsequently paid in respect of the tenancy, it shall be
deemed to have determined at the expiration
of the period for which the rent has
been paid.
(8) Possession shall be interrupted -
(a) by physical entry upon the land by any person claiming it in opposition to the person I possession with the intention of causing interruption if the possessor thereby losses possession:
(b) by the institution of legal proceedings by the owner of the estate or lease to asset his right thereto; or
(c) by any acknowledgment made by the person in possession of the land to any person claiming to be the owner of an estate therein or lease thereof that such claim is admitted.
(9) No person possessing land in a
fiduciary capacity on behalf of another shall acquire be prescription any title
to the land as
against such
other.
Acquisition of easements and
profits by
prescription
226.- (1)
Easements and profits may be acquired by peaceable, overt and uninterrupted
enjoyment thereof for a period of twelve years:
Provided that no
easement or profit -
(i) may be acquired over or in an interest which is vested in the Commissioner or a local authority;
(ii) shall be so acquired over or in an estate or lease, or freehold or leasehold interest (within the meaning of section 9 (1)) unless the owner thereof is, or by reasonable diligence might have been, aware of such enjoyment and might by his own efforts have prevented it; and
(iii) shall be so acquired over or in an estate or lease, or freehold or leasehold interest as aforesaid, where the easement or profit has been enjoyed with the permission of the owner of the estate, lease, freehold or leasehold interest, as the case may be.
(2) Any person
claiming to have acquired any easement or profit by virtue of subsection (1)
may, after having advertised or given
notice in such manner as the High Court
may direct, apply to the High Court:-
(a) where the land burdened by the easement or profit is unregistered land, for a declaration that he is entitled to the easement or profit; and
(b) where the land burdened by the easement or profit is registered land, for an order that a record thereof be entered in the register in respect of any estate or lease affected thereby.
Transitional
provisions relating to
prescription
227.- (1)
Where an estate or registered lease takes effect under Part III, adverse
possession prior to the date on which the estate or
registered lease so took
effect, of the land comprised in the estate or registered lease, shall, for the
purposes of this Part, be
deemed to be adverse possession of the land comprised
in the estate or registered lease.
(2) In ascertaining the aggregate
period of adverse possession under this Part -
(a) where any period of uninterrupted adverse possession commenced on or after the 1st February 1963, but before the 3rd August 1965, the period of adverse possession shall be deemed to have commenced on the 3rd August 1965; and
(b) where any period of uninterrupted adverse possession commenced before the 1st February 1963, and was not interrupted prior to the 3rd August 1965, it shall be deemed to have continued uninterrupted during the period which commenced on the 1st February 1963, and ended on 3rd August 1965, but that period shall not be taken into account for the purpose of calculating the aggregate period of adverse possession.
PART
XXIV
RECTIFICATION OF LAND REGISTER,
INDEMNITY AND
REGISTRAR'S
POWERS
Rectification by
Registrar
228.- (1) If it
appears to the Registrar that any register does not truly declare the actual
interest to which any person is entitled
under this Act or is in some other
respect erroneous or imperfect, the Registrar, after taking such steps as he
thinks fit to bring
to the notice of any person shown by the land register to be
interested his intention so to do, and giving every such person an opportunity
to be heard, may, subject to section 229(2) (which shall apply as if it appeared
in this section), as from such date as he thinks
fit, rectify the
register:
Provided that it shall not be necessary for the Registrar to
take, steps to bring the rectification to the notice of any person shown
by the
land register to be interested nor to give such person an opportunity to be
heard, in formal matters and in the case of errors
and omissions not materially
affecting the interests of any owner.
(2) Upon the written application
of any owner accompanied by such evidence as the Registrar may require, the
change of name or of
address of that owner shall be recorded in the
register.
(3) Subject to subsection (4), if for any reason it appears to
the Registrar that in respect of any of such fixed-term estates specified
in the
Schedule and registered between the 14th August 1985 and the 12th December 1985
the grant of such fixed-term estate ought
not to have been registered, the
Registrar may rectify the register as from the date the grant of the fixed-term
estate was registered
by cancelling such
registration.
19 of 1988,
s.2
(4) The Registrar shall not rectify the register as provided
for in subsection (3) unless the
Registrar-
19 of 1988, s.2
(a) has brought to the notice of the person who has been registered as owner of the estate the Registrar's intention to rectify the register and the reason for which such rectification is intended to be made; and
(b) has given that person an opportunity to be heard as to why a register should be rectified.
(5) Where the Registrar rectifies
the register under subsection 3, the person who has been registered as owner of
the estate-
19 of 1988, s.2
(a) shall account for and pay to the Commissioner any moneys received by him from another person as premium and rent for the occupation of the estate by that other person during the period that he has been registered as owner of the estate;
(b) shall pay rent to the Commissioner in respect of the occupation of the estate, either by himself or by another person on his behalf, during the period that he has been registered as owner of the estate; and
(c) shall not be entitled to charge rent to the Commissioner or a public officer in respect of the occupation of the estate by the public officer during the period that the person has been registered as owner of the estate.
(6) The
Registrar shall rectify the register to give effect to an order of rectification
of the land register made by the High
Court.
Rectification by the
Court
229.- (1) Subject
to subsection (2), the High Court may order rectification of the land register
by directing that any registration be
cancelled or amended where it is so
empowered by this Act, or where it is satisfied that any registration has been
obtained, made
or omitted by fraud or mistake.
(2) The land register
shall not be rectified so as to affect the title of an owner who is in
possession and acquired the interest
for valuable consideration, unless such
owner had knowledge of the omission, fraud or mistake in consequence of which
the rectification
is sought, or caused such omission, fraud or mistake or
substantially contributed to it by his act, neglect or
default.
Indemnity
230.-
(1) Subject to the provisions of this Act and of any written law relating to the
limitation of actions, any person suffering damage
by reason of-
(a) any rectification of the land register under this Act;
(b).any mistake or omission in the land register which cannot be rectified under this Act;
(c) any error in a copy of or extract from the land register or copy of or extract from any document or plan in each case certified under this Act; or
(d) the loss of destruction of any document lodged with the Registrar for registration or inspection,
shall be entitled to be
indemnified by the Government
(2) No indemnity shall be payable under
this section -
(a) to any person who has himself caused or substantially contributed to the damage by his fraud or negligence, or who derives title , otherwise than under a registered disposition made bona fide for valuable consideration, from a person who so caused or substantially contributed to the damage.
(b) in respect of any lose or damage occasioned by the breach of any trust;
(c) in respect of any damage arising out of any matter into which the Registrar is exonerated from enquiry under section 119; and
(d) unless action is commenced or applications is made to the Registrar under subsection (3) within six years from the date on which the person bringing the action or making the application (or if the right to indemnity first accrued to some other person through whom he claims, that other person) discovered the facts on which the claim is based, or could with reasonable diligence have discovered them:
18 of 1972, s.13.
Provided that where a person
entitled to bring such an action or make such an application was at any time
within the said period of
six years under a disability by reason of being a
minor or of unsound mind, the time during which he was under such disability
shall
not be taken into account in calculating that period.
(3) The
Registrar may, on the application of an interested party, determine whether a
right to indemnity has arisen under this section
and , if so, award indemnity,
and may add thereto any costs and expenses properly incurred in relation to the
matter.
(4) Every award of indemnity shall interest thereon at five
per centum per annum from the date of
the award up to the date of payment
(5) Where an indemnity is in respect
of the loss of any interest in the land it shall not exceed -
(a) where the register is not rectified, the value of the interest at the time when the mistake or omission which caused the damage was made; or
(b) where the register is rectified, the value of the interest immediately before the time of rectification.
(6) Where any moneys are paid
by way of indemnity under this section, the Registrar may recover by action
before the High Court, the
amount so paid, or such lesser amount as the Court
thinks fit, from any person who has caused or substantially contributed to the
loss by his fault or negligence or may enforce any express or implied agreement
or other right which the person who is indemnified
would have been entitled to
enforce in relation to the matter in respect of which the indemnity has been
paid.
Errors in
survey
231.- (1) As
between the Government and any person registered as the owner of an interest in
land, no claim to indemnity shall arise and
no suit shall be maintained on
account of any surplus or deficiency in the area or measurement of that land
disclosed by a survey
showing an area or measurement differing from the area or
measurement is closed on any subsequent survey or from the area or measurement
shown in the land register, on the registry map or on any filed plan.
(2)
As between such a person so registered and any person from or through whom he
has acquired the interest, no claim to indemnity
shall be maintainable on
account of any surplus or deficiency in the area or measurement above or below
that shown in any other survey
or above or below the area or measurement shown
in the land register, on the registry map or on any filed plan, after a period
of
six months from the date of registration of the instrument under which such
person so registered acquired the
interest.
Registrar's
powers
232.- (1) The
Registrar may, for the purposes of this Act-
(a) require any person, within such reasonable time as he may specify, to produce any document, make a statutory declaration or give any information upon oath or affirmation or otherwise relating to land or to an interest, and for any of the foregoing purposes may require any person to attend before him, and may administer oaths and take affirmations and statutory declarations;
(b) at his discretion dispense with the production of any signature or the supply of any information or any advertisement or notice;
(c) make or delete all such entries upon or from the land register or any instrument, map, plan or other document as are necessary by reason of the operation of this or any other written law;
(d) order that the costs of or incidental to any proceedings before him or before the Commissioner, a Provincial Secretary or an Adjudication Officer on reference by him under the provisions of paragraphs (c) or (f) of section 18 (2) incurred by the Registrar or by any person shall be paid by any party to the proceedings and may settle the amount of any costs to be paid under any such order or direct in which manner they are to be taxed, and, subject to section 233, any costs so ordered to be paid, or ordered by the High Court to be paid, may, without prejudice to any other means of recovery or enforcement, be sued for and recovered as a civil debt; and
LN 88 of 1978
(e) retain any documents produced to him.
(2) The Registrar may, in connection with
the exercise of his powers under this Act, state any case or reserve any
question for consideration
by the High Court, and the Court shall thereupon have
power to hear and determine the case or
question.
Appeals against
Registrar
233. Any person
aggrieved by a decision of the Registrar given in pursuance of his powers under
this Act may, within six months of the
decision, appeal to the High Court, which
may confirm, quash or vary the decision as it thinks just and may under section
229 order
rectification of the land register:
Provided that no appeal
shall lie under this section in any case where the decision of the Registrar has
been given in conformity
with the determination by the Court of a case or
question stated or reserved by him in connection with the same matter for its
consideration
under section 232(2).
PART
XXV
SURVEY
Power to enter and
survey
234. Any Surveyor
may at any reasonable time enter upon any land which he is required to mark out
or survey for any purpose, and upon
any neighbouring land, and may make all such
enquiries as may be necessary, and may affix or set up any boundary mark in or
upon
such land and dig up any ground for the purpose of so doing, and may cut
down and remove any timber or other growth which may obstruct
any survey line or
any boundary; but he shall do as little damage as possible to the land or any
property thereon.
Power to require
clearance of survey
lines
235.-(1) Any
Surveyor may cause a notice to be served upon -
(a) the owner of an interest in any parcel the subject of investigation of title under Part III; or
(b) the owner of an interest in any parcel in a settlement area,
requiring him to
clear any boundary line of such parcel.
(2) If any person on whom such a
notice has been served fails to comply therewith, the Surveyor may cause to be
performed the work
specified in the notice which has not been performed, and
such Surveyor, or the Surveyor-General if such Surveyor is a public officer,
may
by action in any court recover the reasonable cost of so doing from the person
so in default.
LN 88 of 1978
Repair or replacement of
boundary marks
LN 88 of
1978
236.- (1) Whenever a
Surveyor becomes aware that any boundary mark, trigonometrical station or other
survey mark has been damaged, destroyed
or removed or has fallen into disrepair,
he shall report the fact to the Surveyor-General, and shall if so authorised by
the Surveyor-General
cause the mark or station to be repaired or replaced as the
case may require.
(2) The Surveyor-General may by action in any court
recover the cost of marking out the boundaries of any land or of affixing,
setting
up, repairing or replacing any such mark or station on any land from the
owner of the estate in or lease of the land.
Removal of boundary
marks
LN 88 of
1978
237.- (1) Any person
who desires the temporary or permanent removal of any boundary mark,
trigonometrical station or other survey mark
may apply therefore in writing to
the Surveyor-General setting forth his reasons for such application, and the
Surveyor-General may,
if he thinks fit, remove the mark or station and, in the
case of a temporary removal, restore or replace it in due course.
(2)
The Surveyor-General may recover by action in any court the expenses incurred in
acting upon any such application from the person
making
it.
Compensation
LN
88 of 1978
238.- (1) If,
in the exercise by a Surveyor of the powers conferred by the preceding sections
of this Part, any damage is caused to any
buildings, fences, trees or crops
lawfully erected or planted or to any movable property, such damage shall be
made good or compensation
thereof shall be paid to the owner thereof by the
Surveyor-General in any case in which the Surveyor was a public officer and in
all other cases by the Surveyor.
(2) Any dispute as to the making good of
such damage or the amount of compensation payable under subsection (1) shall,
unless the
parties otherwise agree, be referred to and settled by a
court.
PART
XXVI
CUSTOMARY LAND
Customary
land
239.- (1) The manner
of holding, occupying, using, enjoying and disposing of customary land shall be
in accordance with the current customary
usage applicable thereto, and all
questions relating thereto shall be determined accordingly.
(2) For the
purpose of ascertaining any current customary usage, a court required to
determine a question in accordance therewith
may refer to any books, treatises,
reports (whether published or not), or other works of reference, and may accept
any matter or
thing stated therein as prima facie evidence of the usage in
question unless and until the contrary is
proved.
Dealings in customary
land
240. Subject to the
provisions of this Act, every transaction or disposition of or affecting
interests in customary land shall be made
or effected according to the current
customary usage applicable to the land
concerned.
Restrictions on disposition
of customary
land
241.-(1) Except to
the extent to which the contrary is expressly provided in this Act, no person
other than a Solomon Islander may hold
or enjoy any interest of whatsoever
nature in over or affecting customary land.
(2) Nothing in subsection (1)
shall affect the acquisition or enjoyment of any interest in customary land by a
person, not being a
Solomon Islander, who-
(a) is or has been married, whether according to current customary usage or otherwise, to a Solomon Islander, and who according to current customary usage becomes entitled to acquire or enjoy the interest in question in right of his being or having been so married; or
(b) acquires or becomes entitled to enjoy such interest by inheritance according to current customary usage.
(3) Every contract, agreement or
arrangement made or entered into, orally or in writing, whether before or after
the commencement
of this Act, shall, so far as it has or purports to have the
purpose or effect of in any way, directly or indirectly, defeating,
evading or
preventing the operation of subsection (1), be utterly void and of no effect;
and the Commissioner may in his discretion
institute proceedings in the High
Court against any person for a declaration that any such alleged contract,
agreement or arrangement
is void and of no effect, and in any such proceedings
the Court may make such declaration and such further or other order as may
appear to it expedient for giving effect to subsection
(1).
Declaration of land as customary
land
11 of 1977,
s.13
242. The
Commissioner may by declaration to be published in the Gazette declare any land
held in his name free from any encumbrances
to be customary land and shall in
the case of registered land notify the Registrar who will thereupon remove any
such land from the
register.
PART
XXVII
OFFENCES
Trespass
243.-
(1) Any person who, without lawful excuse, occupies or asserts any right or
privilege over any land comprised in a freehold or
leasehold interest in land as
defined in section 9(l), or in an estate or lease vested in the Commissioner,
shall be guilty of an
offence and liable to a fine of fifty dollars.
(2)
Any person, other than a Solomon Islander, who without lawful excuse, occupies
or asserts any right or privilege over any customary
land, shall be guilty of an
offence and liable to a fine of fifty dollars.
(3) Any court which has
recorded a conviction under subsections (1) or (2) shall, upon the application
of the prosecutor, issue a
warrant, addressed to all police officers requiring
them forthwith to remove from the land the person convicted, together with any
movable property belonging to him found thereon, and any police officer into
whose hands the warrant may come shall forthwith proceed
to carry it into
execution.
(4) Any court which has recorded a conviction under
subsections (1) or (2) may, upon the application of the prosecutor, enquire into
and assess any damage caused to the land or to any property, movable or
immovable, on the land by the commission of the offence,
and may, in addition to
imposing a penalty for the offence, order the offender to pay the amount of the
damage as so assessed together
with a specified amount in respect of the
expenses incurred in making any survey which in the opinion of the court was
necessary
to establish the offence or the extent of such damage, to the person
entitled thereto, and the order may, in addition to any other
mode of
enforcement, be enforced in the same manner as the payment of a fine.
(5) An application under subsections (3) or (4) may be made, without
further process, before the court recording the conviction adjourns,
but if not
so made shall be made by summons returnable in the court recording the
conviction, in which event the court shall before
making any order require proof
of the service of the summons upon the person convicted.
Obstruction, of Surveyor,
etc
244.- (1) Any person
who -
(a) without lawful excuse obstructs or hinders any Surveyor in the execution of the powers conferred upon him by section 234;
(b) having been served with a notice under section 235, without lawful excuse fails to comply therewith; or
(c) without lawful authority defaces, obliterates, moves, damages, destroys, impairs or renders useless any boundary mark, trigonometrical station or other survey mark,
shall be guilty of an offence and liable to a
fine of fifty dollars or to imprisonment for a term of two months or to both
such fine
and such imprisonment.
(2) Where a person is charged with an
offence under subsection (1)(a), the
fact, if proved, that at the time of committing the alleged offence he did not
know and had no reason to believe that the person
purporting to execute the
powers or making the requirement, as the case may be, was a Surveyor shall be a
lawful excuse; and if evidence
of that fact be given, it may be rebutted by
proof that at or immediately before the time when the alleged offence was
committed,
the Surveyor produced to the person charged reasonable evidence of
his registration or appointment as a Surveyor.
(3) A court recording a
conviction under subsection (1)(c)
may, upon the application of the prosecutor, enquire into and assess the cost of
making good the damage caused by the commission
of the offence, and may, in
addition to imposing a penalty for the offence, order the offender to pay to the
Surveyor-General the
cost as so assessed, together with a specified amount in
respect of the expenses incurred in making any survey which in the opinion
of
the court was necessary to establish the offence or the extent of such damage,
and the order may, in addition to any other mode
of enforcement, be enforced in
the same manner as the payment of a fine; and an application under this
subsection may be made, without
further process, before the court recording the
conviction adjourns, but if not so made shall be made by summons returnable in
the
court recording the conviction, in which event the court shall before making
any order require proof of the service of the summons
upon the person
convicted.
LN 88 of 1978
(4)
On the trial of an offence under subsection (1)
(b), the court shall enquire whether
any action has been taken under section 235(2), and, if so, whether any judgment
given therein has
been satisfied in whole or in part; and the court shall
-
(a) if it is shown that any such judgment has been wholly satisfied, dismiss the charge; or
(b) in any other case in which it proceeds to conviction, if it is shown that any such judgment has been partly satisfied, take that matter into consideration when deciding upon the penalty for the offence.
(5) After a conviction for an
offence under subsection (1) (b) has
been recorded, no action shall be commenced or, if an action has already been
commenced, no judgment shall be given therein,
under section 235(2) in respect
of the same matter.
General;
Offences
245. Any person
who -
(a) knowingly misleads or deceives any person authorised by or under this Act to require information in respect of any land or interest in land;
(b) fraudulently issues or makes or fraudulently procures the issue or making of, any instrument, map, plan or other document relating to any interest in land or any matter or thing under this Act, or any registration, or any erasure or alteration in any instrument, map, plan or other document as aforesaid or in any register;
(c) fraudulently uses, assists in fraudulently using or is privy to the fraudulent use of any instrument, map, plan or other document or form purporting to be issued or authorised by the Registrar; or
(d) causes any defacement, obliteration, mutilation or unauthorised entry or alteration to be made on or in any register or in the registry map or in any filed instrument, plan or other document,
shall be guilty of an offence and
liable to a fine of four hundred dollars or to imprisonment for one year or to
both such fine and
such
imprisonment.
Contempt of the
Registrar
246.-(1) Any
person who, upon being required by the Registrar under the powers conferred by
this Act to attend before the Registrar or
to produce any document or to make
any statutory declaration or to give any information on oath or otherwise or to
do any other thing,
within a specified time, neglects or refuses without
reasonable cause so to do, shall be guilty of an offence and liable to a fine
of
fifty dollars.
(2) No prosecution under this section shall be instituted
without the written consent of the Director of Public Prosecutions.
Offences under Part
XIV
24 of 1979,
s.8
247.- (1) Any person
who fails to comply with the provisions of Part XIV shall be guilty of an
offence and liable to a fine not exceeding
one thousand dollars.
(2) Any
proceedings for an offence under this section which is committed outside Solomon
Islands may be instituted, tried or determined
at any place in Solomon
Islands
PART
XXVIII
MISCELLANEOUS
Licences by
Commissioner
LN 88 of 1978
248.- (1) A licence to
occupy any public land may be granted by the Commissioner, upon such terms and
conditions as he may see fit to
impose, and shall be for a period not exceeding
three years:
Provided that where the land concerned was compulsorily
acquired under Division 2 of Part V, no licence as aforesaid shall be granted
without the prior written consent of the Minister.
(2) Any provision in
any licence issued under the preceding subsection which, but for this
subsection, operates, or is intended to
operate, to confer upon the licensee a
right to obtain a renewal of the licence, shall be void and of no effect.
Signification of
Minister's power's under certificates of
occupation
18 of 1972, s.
15.
LN 88 of 1978
249. Where any
certificate of occupation granted before the commencement of this Act confers
any power, imposes any duty or otherwise
vests any function in the Minister, the
exercise of such power, performance of such duty or discharge of such function
may be signified
under the hand of the Commissioner.
Preservation orders for places of
public interest
LN 88 of
1978
250.- (1) Whenever
the Minister is of opinion that the preservation of any land is a matter of
public interest, by reason of the historic,
architectural, traditional,
artistic, archaeological, botanical or religious interest attaching thereto he
may make a preservation
order placing the land under his protection.
(2)
A preservation order shall -
(a) specify the land to which it applies;
(b) prohibit the doing of all such acts, being acts the doing of which would, in the opinion of the Minister, be or tend to the injury of the public interest by reason of any of the aforesaid matters, on or affecting the land as may be specified.
(3) As soon as may be after a preservation
order has been made, the Commissioner shall-
(a) cause notices thereof, in the prescribed form, to be posted in prominent positions on or near to the boundaries of the land concerned;
(b) take such other steps as may, in his opinion be necessary or expedient to bring the order to the notice of all persons who may be affected by it.
(4) Any
person may submit to the Minister a petition in writing praying that a
preservation order be varied or revoked.
(5) It shall be the duty of the
Provincial Secretary to assist any person requesting him to do so to draw up and
submit a petition
under subsection (4); but a failure by him to perform such
duty shall not give rise to any cause of action.
(6) The Minister may,
after receiving a petition under subsection (4), make or cause to be made such
enquiries with respect to any
matter appearing to him to arise therefrom as he
thinks fit; and, after considering the petition and the information resulting
from
such enquiries (if any) he may vary or revoke the order as he thinks
fit.
(7) The Minister may, from time to time vary or revoke any
preservation order made by him.
(8) A preservation order shall remain in
force until revoked by a further order made by the Minister.
(9) The
Commissioner shall furnish to the Registrar a copy of every preservation order
together with such other information thereof
as may be requisite, and in
relation to registered land the Registrar shall enter the effect of every such
order on the land register.
(10) Any person who contravenes a
preservation order shall be guilty of an offence and liable to a fine of one
hundred dollars or
to imprisonment for three months or to both such fine and
such imprisonment.
Presumption as to
age
251. The parties to
any transaction effecting or concerning an interest shall, until the contrary is
proved, be presumed to be of the
age of twenty-one years or more at the date
thereof.
Service of
notices
LN 88 of
1978
252.- (1) Any notice
required or authorised to be served by or under this Act upon any person shall
be in writing.
(2) The notice may be delivered to the person
personally.
(3) If the address of the person in Solomon Islands be known
and there be postal communication with that place, notice may be served
by
posting it by registered letter addressed to the person at the said address,
and, unless the letter be returned to the sender
as undelivered, the notice
shall be deemed to have been served at the time when it ought, in due course of
post, to have been delivered
at the address to which it was sent.
(4) If
the person be absent from Solomon Islands, the notice may be served upon his
agent in Solomon Islands, and if the person be
dead, the notice may be served
upon his personal representative.
(5) If it is impracticable to serve
notice in any of the manners specified in subsections (2) to (4), the notice may
be served in
such manner as may be directed by an order of any court.
(6) Notwithstanding anything in subsections (1) to (5) -
(a) it shall be the duty of any person seeking to serve the notice to do everything reasonably practicable to ensure that the contents of the notice come to the knowledge of the person affected thereby; and
(b) any court may in any case make an order directing the manner in which any notice is to be served or dispensing with the service thereof.
Cases
not provided for
253.-
(1) Any question connected with or incidental to any of the provisions or
purposes of this Act arising before the High Court which
is not expressly or
impliedly provided for in this Act or any other written law shall be determined
by the Court either by way of
analogy to the provisions of this Act, or if in
the opinion of the Court no such analogy appears to exist, so far as may be
possible
in conformity with the general tenor of this Act, and in either case
without recourse, so far as possible, to the legal rules, principles,
or
decisions obtaining in any other state or country.
(2) But, for the
avoidance of doubt, it is hereby declared that nothing in subsection (1) shall
prevent the application, in the determination
of any question relating to
interests in land which is not expressly or impliedly provided for in this Act
or any other written law,
of the general rules of law applicable to any of the
following matters, that is to say-
(a) trusts and trustees;
(b) wills;
(c) executors and administrators;
(d) the administration of the estates of deceased persons;
(e) bankruptcy, and the administration of the estates of persons who have committed an act of bankruptcy;
(f) incapacity by reason of age, and the guardianship of persons who have not attained full age; and
(g) incapacity by reason of mental infirmity, and the administration of the estates of persons who are so incapable.
Jurisdiction
of local courts
9 of 1985, s.4 Cap.
19
254.- (1) A local
court shall, subject to the provisions of this section, sections 12, 13 and 14
of the Local Courts Act, have exclusive
jurisdiction in all matters and
proceedings of a civil nature affecting or arising in connection with customary
land other than -
(a) any such matter or proceeding for the determination of which some other provision is expressly made by this Act; and
(b) any matter or proceeding involving a determination whether any land is or is not customary land.
(2) A local court shall have jurisdiction to
hear and determine any matter or proceeding of a civil nature referred to it by
the High
Court or a customary land appeal court under this
Act.
18 of 1972, s.16
(3)
The decision of a local court given in exercise of its jurisdiction under this
section shall be final and conclusive, and shall
not be questioned in any
proceedings whatsoever save an appeal under section
256.
18 of 1972, s.16
(4)
The provisions of this section shall have effect notwithstanding anything
contained in any other law, other than sections 12,
13 and 14 of the Local
Courts Act, or in any warrant establishing any local court.
18 of 1972, s.16 & 9 of 1985, s. 4
Cap 19
(5) Nothing in the foregoing provisions of this section
shall operate to confer or be construed as conferring, upon a local court
any
jurisdiction over any person who by reason of his status would not, apart from
those provisions, be subject to the jurisdiction
of a local court, except with
the consent of such person.
Customary
land appeal courts
18 of 1972, s.17
& 8 of 1974, Sched & LN 88 of
1978
255.-(1) The Chief
Justice may by warrant establish in Solomon Islands such customary land appeal
courts as he shall think fit which
shall have jurisdiction over the area or
areas of such local court or courts as the Chief Justice may in the warrant, or
by order
provide.
(2) A customary land appeal court shall consist of a
President, Vice-President and not less than three other members of whom at least
one shall be a Magistrate, all of whom shall be appointed by the Chief Justice
in his discretion for such periods as he shall at
the time of appointment
specify.
(3) The Chief Justice in his discretion may suspend for such
period as he thinks fit or may remove or dismiss any member of a customary
land
appeal court who shall appear to have abused his power or to be unworthy or
incapable of exercising his powers justly or for
other sufficient
reasons.
(4) A customary land appeal court shall have and may exercise
all the powers of a local court.
(5) A quorum of a customary land appeal
court shall be five members of whom at least one shall be a
Magistrate.
(6) No legal practitioner shall be permitted to appear before
a customary land appeal court.
Appeals
to and from customary land appeal
courts
18 of 1972, s.17 & 24 of
1979, s.9 & 9 of 1985,
s.4
256.-(1) Any person
aggrieved by any order or decision of a local court given in exercise of its
jurisdiction under section 254 or section
13(d) or
(e) of the Local Courts Act may,
within three months from the date of such order or decision, appeal therefrom to
the customary land
appeal court having jurisdiction.
(2) On any appeal
to it under subsection (1) a customary land appeal court may substitute for the
decision appealed against, such
decision, and may make such order, as to it may
seem just.
(3) Any person aggrieved by any order or decision of a
customary land appeal court may within three months from the date of such order
or decision, appeal therefrom to the High Court on the ground that such decision
or order is erroneous in point of law (which expression
for this purpose shall
not include a point of customary law) or on the ground of failure to comply with
any procedural requirement
of any written law.
(4) Any order or decision
of the High Court, and, subject to subsection (3), of a customary land appeal
court, in each case given
in exercise of the jurisdiction conferred by this
section, shall be final and conclusive and shall not be questioned in any
proceedings
whatsoever.
Jurisdiction of
High Court
257.- (1)
Except as expressly provided in this Act, the High Court shall have exclusive
jurisdiction in all matters and proceedings of
a civil nature arising under this
Act or involving its interpretation.
(2) If in any matter or proceeding
before any court, person, body or tribunal, other than a local court exercising
its jurisdiction
under section 254, the matter or proceeding cannot be
determined without deciding a question involving the interpretation of this
Act,
that court, person, body or tribunal may, and if requested by any party to the
matter or proceeding shall, state the question
in the form of a case for
determination by the High Court and adjourn the matter or proceeding until the
question shall have been
determined.
(3) Except where otherwise expressly
provided, a decision, whether given in an original proceeding or on appeal, of
the High Court
given in any matter or proceeding arising under this Act or
involving its interpretation, shall, subject to the provisions of subsection
(4), be final and conclusive and not subject to any appeal.
(4) Any
person aggrieved by any such decision as is referred to in subsection (3), may,
within three months after the issue of the
decision, appeal to the Court of
Appeal, if, and only if-
LN 88 of
1978
(a) the decision was not given by the Court in exercise of its jurisdiction under sections 19, 57, 66, 115(6) or 140(2); and
(b) some question other than a question of fact is raised by the appeal; and
(c) the person aggrieved obtains leave to appeal either from the High Court or from the Court of Appeal.
Attorney
General may
intervene
258. The
Attorney-General shall have the right to intervene and be heard in any matter or
proceeding arising under this Act or involving
its
interpretation.
Fees
259.-
(1) There shall be payable in respect of registration, searches, surveys and
survey plans, printed forms and all other matters
connected with registration,
such fees as shall from time to time be prescribed under this Act, and the
Registrar may refuse registration
until the fees are paid.
(2) The
Registrar may act notwithstanding that the prescribed fee or any part thereof
has not been paid, but the unpaid fee or part
of a fee shall be recorded in the
land register.
(3) The Registrar may refuse to register a disposition of
any registered interest in land against which unpaid fees are recorded until
such fees are paid.
(4) Unpaid fees payable to the Registrar shall
constitute a civil debt recoverable by the Registrar in a court.
Regulations
LN
88 of 1978
260.- (1) The
Minister may make such regulations as may seem to him expedient for carrying
into effect any of the purposes or provisions
of this Act.
(2) In
particular and without prejudice to the generality of the foregoing, such
regulations may -
(a) regulate the practice to be followed on any application made to, or in any proceedings before, the Commissioner, or the Registrar, or a Settlement Officer, or an Adjudication officer, or an Acquisition Officer, or a Provincial Secretary, or, after consultation with the Chief Justice, any court other than the High Court, under or arising out of this Act, and in particular make provision -
(i) as to the form in which any decision thereon or therein is to be given;
(ii) as to the fees chargeable in respect thereof;
(iii) as to the evidence which may be required or admitted thereon or therein;
(iv) as to the time within which any such application or proceedings shall be made or begun, if no such time is specified in this Act; and
(v) in relation to customary land appeal courts, as to the challenging of any member of a court by any party to proceedings before it, and as to the preservation and duplication of records and their inspection by the public;
18 of 1972, s.8
(b) prescribe what kind of evidence shall be required where any matter has to be proved to the Commissioner or to the Registrar;
(c) prescribe the manner in which any public auction of estates to be transferred or granted by the Commissioner shall be conducted;
(d) prescribe the manner in which any ballot or tender for the transfer or grant of estates by the Commissioner shall be conducted, or dealt with;
(e) determine the manner in which any premium or rent incident to an estate transferred or granted by the Commissioner shall be fixed;
(f) apply the provisions of this Act relating to the transmission of interests in or affecting land on death or bankruptcy to the case of the dissolution or liquidation of a corporation, with such adaptations as may seem requisite;
(g) prescribe the form of the land register;
(h) regulate the practice, and prescribe the duties, of the Commissioner and the Registrar and the other officers referred to in sections 3 and 6, and the fees and charges to be paid or made for any act, matter, or thing to be done or observed under this Act;
(i) prescribe forms to be followed in connection with any act, matter or transaction to be done or made under or in connection with this Act;
(j) appoint any specified public officers, or all public officers of any specified class or classes, as persons to whom any document or instrument which is required to be submitted to the Commissioner or the Registrar may be delivered, or through whom any document or instrument issued by the Commissioner or the Registrar may be transmitted;
(k) specify the persons, or class or classes of person, who shall be authorised officers for the purposes of this Act;
(l) provide for any proceedings or class of proceedings arising under this Act to be conducted wholly or partly in private;
(m) provide for the remission of any fees or charges;
(n) provide for the payment, to the owners of estates, or of any specified class of estates, of compensation for any buildings erected on or other improvements made to the land comprised in such estates during their subsistence; and
(o) prescribe any fee, rate, matter, or thing which is required or appears to be expedient, to be prescribed under or in connection with this Act.
Crown
to be bound
261. This Act
shall bind the Crown.
Treaties to
prevail in case of
conflict
262. Where there
is any conflict between the provisions of this Act and the provisions of any
treaty, convention, arrangement, or engagement
with any foreign power, the
latter shall prevail.
|
19 of 1988
|
|
SCHEDULE
(Section 228) |
|
|
|
PARCEL NUMBER
|
|
LOT NUMBER
|
|
|
|
|
|
|
|
191-006-60
|
|
Lot 38/III/H
|
|
|
191-006-61
|
|
" 39/III/H
|
|
|
191-012-13
|
|
" 607/III/H
|
|
|
191-012-50
|
|
" 765/III/H
|
|
|
191-012-51
|
|
" 793/III/H
|
|
|
191-012-56
|
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" 676/III/H
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191-013-9
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" 495/III/H
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191-013-73
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" 666/III/H
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191-013-76
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" 669/III/H
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191-013-77
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" 670/III/H
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191-013-112
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" 593/III/H
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191-013-114
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" 595/III/H
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191-014-56
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" 753 & 805/III/H
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191-014-68
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" 800/III/H
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191-014-79
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" 504/III/H
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191-014-81
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" 506/III/H
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191-014-91
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" 835/III/H
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191-014-96
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" 503 & 809/III/H
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191-015-53
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" 777/III/H
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191-018-45
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" 270/I/H
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191-018-106
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" 702/I/H
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191-018-112
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" 708/I/H
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191-018-113
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" 709/I/H
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191-018-115
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" 711 /I/H
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191-018-127
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" 735/I/H
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191-019-35
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" 375/I/H
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191-019-50
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" 452/I/H
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191-019-83
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" 485/I/H
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191-019-84
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" 486/I/H
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191-019-85
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" 487/I/H
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191-019-86
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" 450/I/H
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191-019-88
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" 490/I/H
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191-028-21
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" 132/V/H
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191-028-29
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" 180/V/H
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191-028-34
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" 185/V/H
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191-028-43
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" 163/V/H
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191-032-63
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" 1457/VI/H
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191-032-65
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" 1459/VI/H
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191-032-66
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" 1460/VI/H
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191-032-72
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" 1466/VI/H
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191-032-90
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" 1484/VI/H
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191-033-37
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" 1161/VI/H
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191-033-60
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" 1187/VI/H
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191-034-37
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" 1100/VI/H
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191-034-57
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" 1130/VI/H
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1 91-034-68
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" 1398/VI/H
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1 91-034-69
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" 1399/VI/H
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1 91-034-71
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" 1401/VI/H
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1 91-034-72
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" 1402/VI/H
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91-034-75
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" 1405/VI/H
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191-034-93
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" 25/VIII/H
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191-035-7l
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" 357/VI/H
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191-035-140
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" 1412/VI/H
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191-035-143
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" 1415/VI/H
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191-035-156
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" 1428/VI/H
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191-035-170
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" 1221/VI/H
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191-035-171
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" 1271/VI/H
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191-036-60
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" 1138/VI/H
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191-036-61
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" 1139/VI/H
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191-036-71
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" 1149/VI/H
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191-036-72
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" 1150/VI/H
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191-036-90
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" 1193/VI/H
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191-036-941
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" 1197/VI/H
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191-037-23
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" 1217/VI/H
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191-038-50
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" 467/VI/H
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191-039-172
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" 133/VIII/H
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191-051-2
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" 253/VI/H
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191-051-3
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" 254/VI/H
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191-051-19
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" 270/VI/H
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191-051-21
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" 272/VI/H
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191-051-28
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" 279/VI/H
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191-051-29
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" 280/VI/H
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191-051-30
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" 281/VI/H
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191-051-48
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" 299/VI/H
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191-051-63
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" 314/VI/H
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191-051-66
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" 17/VI/H
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191-051-68
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" 319/VI/H
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191-051-70
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"32I/VI/H
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191-051-74
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"325/VI/H
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191-051-75
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"326/VI/H
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191-051-80
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"80/VI/H
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191-051-87
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"1201/VI/H
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191-056-70
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" 688/Vl/H
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191-056-106
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" 725/VI/H
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191-056-175
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" 245/VI/H
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191-056-177
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" 1247/VI/H
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191-056-178
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" 1248/VI/H
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191-056-185
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" 1258/VI/H
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_____________________
|
|||
Subsidiary Legislation
LN 81/1965
THE
LAND REGISTRATION DISTRICT
ORDER
(Section 86)
[2nd April 1965]
1. This Order may
be cited as the Land Registration District
Order.
2. The area of Solomon
Islands is hereby constituted a land registration district for the purposes of
the Land and Titles Act.
___________________
DESIGNATION
OF TOWN LANDS
(Section 135
(4))
LN 68
/1966
THE TOWN LAND (GIZO) ORDER
[25th October 1966]
1. This Order may
be cited as the Town Land (Gizo)
Order.
2. The area of land, the
boundaries of which are specified in the Schedule hereto, is hereby designated
as town land for the purposes
of section 135(4) of the Act.
SCHEDULE
Commencing at a point on high water mark which point is 26
feet away on a grid bearing of 242° 33' from a concrete mark reference
grid
Northing 29,869,221.11 feet Easting 854,097.83 feet; thence by a straight line
grid bearing 62° 33' for an approximate
distance of 4,064 feet to a point
on high water mark at Gizo harbour; thence by a straight line grid bearing
0° 0' for an approximate
distance of 217 feet to a point; thence by a
straight line grid bearing 90° 0' for an approximate distance of 3,819 feet
to
a point; thence by a straight line grid bearing 180° 0' for an
approximate distance of 1,630 feet to a point on high water mark;
thence along
the line of high water mark around the Eastern end of Gizo Island for an
approximate distance of 9,440 feet to the point
of commencement as is more
particularly delineated and thereon edged green on Plan No. 1456 deposited in
the office of the Surveyor-General,
Honiara.
___________________
LN
119/1968
THE TOWN LAND (LAMBETI) ORDER
[19th January 1966]
1.
This Order may be cited as the Town Land (Lambeti)
Order.
2. The area of land, the
boundaries of which are specified in the Schedule hereto, is hereby designated
as town land for the purposes
of section 135(4) of the Act.
SCHEDULE
Commencing at a marked point grid reference Easting
1,014,725.63 feet Northing 29,789,764.67 feet; thence by a straight line grid
bearing 79° 0' 37" for a grid distance of 857.35 feet to a point; thence by
a straight line grid bearing 171 ° 04' 43"
for a grid distance of 1602.87
feet to a point on high water mark; thence by the line of high water mark in a
general westerly direction
for an approximate distance of 1750 feet to a point;
thence by a straight line grid bearing 4° 01' 40" for a grid distance of
1065.65 feet to the point of commencement as is more particularly delineated and
thereon edged green on Plan No. 1300 deposited in
the office of the
Surveyor-General, Honiara.
_________________
THE TOWN LAND (MALU'U) ORDER
LN 5/1971
[22nd January 1971]
1. This Order may
be cited as the Town Land (Malu'u)
Order.
2. The area of land, the
boundaries of which are specified in the Schedule hereto, is hereby designated
as town land for the purposes
of the Act.
SCHEDULE
All those two parcels of land situate at Malu'u, North
West Malaita, described as follows-
(i) L.R. 299 in extent 1.221 hectares being registered land known as parcel No. 134-002-1 which is delineated and edged blue on Plan No. 1733 held in the office of the Surveyor-General, Honiara; and
(ii) L.R. 462 in extent 31.368 hectares known as Malu'u District Station which is delineated and edged red on Plan No. 1733 held in the office of the Surveyor-General Honiara.
____________
THE TOWN LAND (TULAGI) ORDER
LN 61/971
[22nd November 1973]
1. This Order may
be cited as the Town Land (Tulagi)
Order.
2. The area of land, the
boundaries of which are specified in the Schedule hereto, is hereby designated
as town land for the purposes
of the Act.
SCHEDULE
All those two parcels of land situated at Tulagi, Nggela,
described as follows -
(i) L.R. 298 in extent 197.16 hectares which is delineated and edged blue on Plan No. 1644A held in the office of the Surveyor-General, Honiara; and
(ii) L.R. 634 in extent 71.66 hectares which is delineated and edged red on Plan No. 1644A held in the office of the Surveyor- General, Honiara.
_____________
THE TOWN LAND (AUKI) ORDER
LN 82/1973
[2nd November 1973]
1. This Order may
be cited as the Town Land (Auki)
Order.
2. The area of land, the
boundaries of which are specified in the Schedule hereto, is hereby designated
as town land for the purposes
of section 135(4) of the Act.
SCHEDULE
All that parcel of land in extent 98.2 hectares the
boundaries whereof are delineated and edged red on Plan No. 1982 held in the
office
of the Survey or General, Honiara.
________________
THE TOWN LAND (HONIARA) ORDER
LN 83/1973
[2nd November 1973]
1. This Order may be cited as the Town Land (Honiara)
Order.
2. The area of land, the boundaries of which are specified in the
Schedule hereto, is hereby designated as town land for the purposes
of section
135(4) of the Act.
SCHEDULE
All that parcel of land in extent 3424.1 hectares the
boundaries whereof are delineated and edged red on Plan No. 1982 held in the
office of the Surveyor- General, Honiara.
________________
THE TOWN LAND (KIRA KIRA) ORDER
GN 147/1973
[7th September 1973]
1. This Order may be cited as the Town Land (Kira Kira)
Order.
2. The area of land, the boundaries of which are specified in the
Schedule hereto, is hereby designated as town land for the purposes
of the
Act.
SCHEDULE
All that parcel of land situated at Kira Kira, San
Cristobal Island in the Eastern District described as L.R. 301 and L.R.
301/1 in extent 19.66 hectares or thereabouts
which is delineated and edged blue on Plan No. 1592 held in the office of the
Surveyor General,
Honiara.
_______________
THE TOWN LAND (LWOWA) ORDER
GN 148/1973
[17th September 1973]
1. This Order may
be cited as the Town Land (Lwowa)
Order.
2. The area of land, the
boundaries of which are specified in the Schedule hereto, is hereby designated
as town land for the purposes
of the Act.
SCHEDULE
All those three parcels of land situated at Lwowa, Santa
Cruz Island in the
Eastern District described as follows: -
(i) All that Parcel No. 266-002-2 known as Lot 2 of L.R. 589 in extent 19.66 hectares (48.58 acres) or thereabouts edged red on Plan No. 1827 held in the office of the Surveyor - General, Honiara.
(ii) All that parcel of land in extent 0.0188 hectares (0.0465 acres) or thereabouts known as L.R. 638 adjoining Lot 2 of L.R. 589 edged green in Plan No. 1827 held in the office of the Surveyor- General, Honiara; and
(iii) All that parcel of land in extent 0.04 hectares (0.99 acres) or thereabouts known as L.R. 700 adjoining Lot 2 of L.R. 589 edged purple in Plan No. 1827 held in the office of the Surveyor-General, Honiara.
_____________
THE TOWN LAND (LATA) ORDER
LN 44/1990
[6th April 1990]
1. This Order may
be cited as the Town Land (Lata)
Order.
2. The area of land, the
boundaries of which are specified in the Schedule hereto, is hereby designated
as town land for the purposes
of the Act.
SCHEDULE
All that parcel of land situated at Lata, Nendo Island in
Temotu Province described as LR589, LR806, LR815, LR791, LR668, LR751, LR700,
LR750, LR797, LR638 in extend 42.42 hectares or thereabout, which is delineated
and edged on Plan No. 2119 held in the office of
the Surveyor-General,
Honiara.
___________________
THE TOWN LAND (NORO) ORDER
LN
106/1992
1. This Order
may be cited as the Town Land (Noro)
Order.
2. The area of land the
boundaries of which are specified in the Schedule hereto is hereby designated as
town land for the purposes
of the Act.
SCHEDULE
All that parcel of land in extent of 1146 hectares the
boundaries whereof all delineated and edged red on Plan No. 2288 held in the
offices of the Surveyor- General, Honiara.
__________________
DECLARATIONS
OF CUSTOMARY LAND
(Section 242)
The following Declarations have been made -
|
Name and Description of
Land
|
No. of Legal
Notices/Gazette Notification
|
|
|
|
|
Parcel 123-007-01 (otherwise known as
Lot 1 of LR 310 Mbunitusu Island) |
GN 295/1977
|
|
|
|
|
LR 300-ATA'A COVE, being a parcel of
land situated on the foreshore of Ata'a Cove on the island of Malaita. |
GN 18/1978 |
|
|
|
|
LR 363-KATEREO ISLAND being a
parcel of land situated off the northern coast of the island of Santa Ysabel. |
GN 79/1978 |
|
|
|
|
LR 242 being a parcel of land situated at
Malai point on the island of Santa Ysabel and lying north-west of Huhurangi plantation (LR 237). |
GN 89/1978 |
|
|
|
|
LR 315, a parcel of land, being part of ROB ROY (VEALAVIRU)
ISLAND in the Manning Straits.
|
GN 139/1978 |
|
|
|
|
LR 263/R situated at SIRVANA, Choiseul Island, as shown on survey plan numbers TN 2964, and TN 2965. |
GN 147/1978 |
|
|
|
|
LR 181 - PALA OWRIE being a parcel of land situated near
Cape Zeele on the south coast of the Island of Small Malaita.
|
GN 189/1978 |
|
|
|
|
LR 343 - GHAROHU Island being a parcel of land situated off
the eastern coast of the Island of Santa Ysabel.
|
GN 217/1978 |
|
|
|
|
LR 132 - PIANUNU being a parcel of land situated on the
Western coast of the Island of Ranongga in the Western Province.
|
GN 231/1978 |
|
|
|
|
LR 98-BEAGLE AND KOMACHU being a parcel of land situated at
Marau Sound on the Island of Guadalcanal.
|
GN 250/1978 |
|
|
|
|
LR 196-TETERE being a parcel of land
situated on the coast of the Island of Guadalcanal. |
GN 252/1978 |
|
|
|
|
LR 382-CHOVOHIO (Gold Ridge) being a parcel of land situated
in the interior of
Guadalcanal. |
GN 258/1978 |
|
|
|
|
LR 381-CHOVOHIO being a parcel of
land situated in the interior of Guadalcanal |
GN 259/1978
|
|
|
|
|
LR 383-SUTAKIKI being a parcel of land situated in the
interior of Guadalcanal.
|
GN 260/1978
|
|
|
|
|
LR 97-AOLA being a parcel of land
situated on the North East Coast of the Island of Guadalcanal |
GN 261/1978 |
|
|
|
|
LR 384-KOVAGAMBI being a parcel of
land situated in the interior of Guadalcanal. |
GN 270/1978 |
|
|
|
|
LR 108-PARAIASI being a parcel of land situated at Marau
Sound on the South-east Coast of the Island of Guadalcanal.
|
GN 277/1978 |
|
|
|
|
LR 94-known as KAUKAU ISLAND being a parcel of land situated
off the eastern coast of the Russell Islands.
|
GN 8/1979 |
|
|
|
|
LR 179 being part of NGONGOSILA ISLAND situated off the
eastern coast of the Island of Malaita.
|
GN 19/1979 |
|
LR 182 AIYO ISLAND being a parcel of
land situated off the south-east coast of the Island of Malaita. |
GN 20/1979 |
|
|
|
|
Part of LR 80 known as Kulokulo Dumala (otherwise Remaian or
Aoumala) Kisa (Otherwise Leveleon) Lolau (otherwise Moe or Moie) Nanau
(otherwise Fonagho) Fonago (otherwise Keogh or Kio) and Levalea (otherwise
Kisan) Islands being a parcel of land situated off the
eastern coast of the
Russell Islands the boundary whereof is delineated and edged red on plan number
2128 deposited in the office
of the Surveyor- General, at Honiara.
|
GN 27/1979 |
|
|
|
|
Lot 20 of LR 224, better known as part of
MBEIPORO, situated on the East coast of Vella Lavella. |
GN 43/1979 |
|
|
|
|
LR 128 situated at south-east end of
Thousand Ships Bay on the Island of Santa Ysabel. |
GN 54/1979 |
|
|
|
|
Foi Island, otherwise known as LR 7,
situated off the South Coast of Mono Island in the Treasury Islands in the Western Province. |
GN 102/1979
|
|
|
|
|
LR 358-BIRA being a parcel of land
Situated on the South Coast of Malaita. |
GN 185/1979
|
|
|
|
|
LR 265-(HANIPANA) Olevuga
Island being a parcel of land situated in the Sandfly Passage of Florida Islands. |
GN 215/1979 |
|
|
|
|
LR 198 MBANGAI ISLAND being a parcel of land situated on the
South of Tulagi
|
GN 223/1979 |
|
|
|
|
The following lots of LR 387 scheduled
below, being part of the Offshore Islands of WAGINA, SOUTH CHOISEUL, WESTERN PROVINCE - Lot 935 of LR 387, Tema Volasi (burial ground) island |
GN 246/1979 |
|
|
|
|
LR 322-UGATUMBI PAVUVU RUSSELL ISLANDS.
|
GN 117/1981
|
|
|
|
|
LR 268 BITILAMATA, SAVO ISLAND.
|
GN 134/1981
|
|
LR 229/R-KOPIU/PURAKIKI being a
parcel of land situated adjacent to LR 229/1 on the southern coast of the island of Guadalcanal. |
GN 135/1981 |
|
|
|
|
Vuranga, otherwise known as LR 246,
situated on the north coast Island in the Western Province. |
GN 337/1981 |
|
|
|
|
LR 357 being parcels of land situated on the north and west
coasts of VANIKORO
ISLANDS, TEMOTU PROVINCE better known as Peou and Nanunga. |
GN 244/1982 |
|
|
|
|
Lot 2 of LR 262 being a parcel of land
situated at Danae Bay in the Marau Sound on, the island of Guadalcanal and being part of the land lying south of the Porokokoro river, otherwise known as MAKINA. |
LN 10/1984 |
|
|
|
|
LR 124 NAMU being a parcel of land
situated on the East of GRACIOSA BAY, SANTA CRUZ. |
LN 11/1984 |
|
|
|
|
LR 180-Part of UHU Island being a parcel of land situated
West Are Are
|
L.N 12/1984
|
|
|
|
|
Lot 1of LR.100, VISALE, West Guadalcanal.
|
LN 20/1984
|
|
|
|
|
Lot 3 of LR. 210 parcel number 196-005-4 known as ROHINARI
LAND in the Malaita Province.
|
GN 273/1985 |
|
|
|
|
Lots 1 & 2 of LR 60 being a parcel of Land situated on
the west coast of Simbo Island, better known as NAROVO Land.
|
LN 18/1987
|
|
|
|
|
Lot 2 of LR 139 being parcel of Land
situated on the Western Coast of Simbo Island, better known as NAROVO LAND. 4860 |
LN 137/1988 |
____________________
ESTABLISHMENT
OF CUSTOMARY LAND APPEAL COURT'S
(Section 255)
LN 4611975
WARRANT
ESTABLISHING THE EASTERN (INNER
ISLANDS)
CUSTOMARY LAND APPEAL
COURT
There is hereby established a customary land appeal court
to be known as the Eastern (Inner Islands) Customary Land Appeal Court with
jurisdiction over the areas of the -
Bauro
Haununu
North Arosi
Rawo
Santa Ana
South Arosi
Star Harbour
Ugi
Ulawa and
Wainoni Local Courts.
2.
The Court shall have such jurisdiction as is accorded to it by the provisions of
section 255 of the Land and Titles Act and any other written law.
________________
WARRANT
ESTABLISHING THE WESTERN CUSTOMARY
LAND
APPEAL COURT
LN
47/1975
LN 70/ 1977
There is hereby established a customary land appeal court
to be known as the Western Customary Land Appeal Court with jurisdiction
over
the areas of the -
Shortlands
North Choiseul
South Choiseul
Vaghena
Vella Lavella
Roviana
Ranongga/Simbo
Gizo/Kolombangara
and Marovo Local Courts.
2.
The Court shall have such jurisdiction as is accorded to it by the provisions of
section 255 of the Land and Titles Act and any other written law.
______________________
WARRANT ESTABLISHING THE CENTRAL CUSTOMARY LAND APPEAL COURT
LN
48/1975
LN
43/1980
LN 53/1981
There is hereby established a customary land appeal court
to be known as the Central Customary Land Appeal Court with jurisdiction
over
the areas of the -
Paripao
Kalokorago
Maringe
Kia
Hograno
And Gao-Bugotu Local Courts
2. The Court shall have such jurisdiction as is accorded to it by the provisions of section 255 of the Land and Titles Act and any other written law.
___________________
WARRANT ESTABLISHING THE MALAITA CUSTOMARY LAND
APPEAL COURT
LN 49/1975
There is hereby established a customary land appeal court
to be known as the Malaita Customary Land Appeal Court with jurisdiction
over
the areas of the -
Ata' a
Bita' ama
East Areare
East Kwaio
East Kwara'ae
East Small Malaita
Langa Langa
Lau
Luaniua
Matakwalao
Pelau
Sikaiana
West Areare
West Baegu'u/Fataleka
West Kwaio
West Kwara'ae
and West Small Malaita Local Courts.
2.
The Court shall have such jurisdiction as is accorded to it by the provisions of
section 255 of the Land and Titles Act and any other written law.
_________________________
WARRANT
ESTABLISHING THE EASTERN (OUTER
ISLANDS)
CUSTOMARY LAND APPEAL
COURT
LN 50/1975
There is hereby established a customary land appeal court
to be known as the Eastern (Outer Islands) Customary Land Appeal Court with
jurisdiction over the areas of the -
Duff Islands
Reef Islands
Santa Cruz
Utupua and
Vanikoro Local Courts.
2.
The Court shall have such jurisdiction as is accorded to it by the provisions of
section 255 of the Land and Titles Act and any other written law.
________________
WARRANT
ESTABLISHING THE GUADALCANAL CUSTOMARY
LAND
APPEAL COURT
LN 43/1980
There is hereby established a customary be known as the
Guadalcanal Customary with jurisdiction over the areas of the -
Sagalu/Savulei
Tangarare
West Talise
East Talise
Chimiu-Avuavu
Moli/Tetekanji
Birao, Valasi-Longgu
Aola
Tasimboko
and Malango Vulolo Local Courts.
2.
The Court shall have such jurisdiction as is accorded to it by the provisions of
section 255 of the Land and Titles Act and any other written law.
_____________________
WARRANT
ESTABLISHING THE YSABEL CUSTOMARY LAND
APPEAL
COURT
LN 13/1981
There is hereby established a customary land appeal court
to be known as the Ysabel Customary Land Appeal Court with jurisdiction
over the
areas of the -
East Ysabel and
West Ysabel Local Courts.
2. The Court
shall have such jurisdiction as is accorded to it by the provisions of section
255 of the Land and Titles Act and any other written law.
___________________
WARRANT
ESTABLISHING THE CENTRAL ISLANDS
CUSTOMARY
LAND APPEAL
COURT
LN 53/1981
There is hereby established a customary land appeal court
to be known as the Central Islands Customary Land Appeal Court with jurisdiction
over the areas of the -
Bellona
Nggela
Rennell
Russell Islands and
Savo, Local Courts.
2. The Court
shall have such jurisdiction as is accorded to it by the provisions of section
255 of the Land and Titles Act and any other written law.
_______________________
THE
LAND AND TITLES (EVIDENCE)
REGULATIONS
(Section
260(2)(b))
LN
60/1963
LN
130/1965
LN 86/1968
Title
1.
These Regulations may be cited as the Land and Titles (Evidence)
Regulations.
Evidence that may be
accepted by the
Registrar
2. The
Registrar may -
(1) accept as conclusive evidence of the title of the Government of Solomon Islands to a freehold estate in any land leases of which have, under any repealed Act, at any time been granted by or on behalf of the Government, and which is within the boundaries of a town declared, before the commencement date, to be a town under the Town Planning Act, a statutory declaration made by the Commissioner of Lands to the effect that leases have been so granted, and, on application by the Commissioner of Lands register the land as public land;
LN 130/1965
(2) accept the certificate of occupation as conclusive evidence of the title of the Government to a freehold interest in any land comprised in any certificate of occupation granted under the Solomons (Waste Lands) Act, 1900, 1901 and 1904, and, on application by the Commissioner of Lands, register the land as public land;
3
of 1900
1 of
1901
1 of 1904
(3) accept as conclusive evidence of title to any interest in land, not being registered land or customary land, deeds and documents registered under the Land Registration Act, whether originals or copies and, if not originals, without calling for production of the originals, notwithstanding that there is any defect in their registration, or that the provisions of the Stamp Duties Act or the Companies Act or any other Act (repealed or in force) have not been properly complied with or that in such deeds or documents there is any lack of formality or any legal defect in drafting or otherwise;
6 of 1918
(4) accept as conclusive evidence as to boundaries all plans forming part of documents registered under the Land Registration Act, provided that such plans are certified by the Surveyor-General as complying with the standard of accuracy prescribed by the Survey Rules or any rules or other provision replacing the same.
________________________
THE
LAND AND TITLES (GENERAL)
REGULATIONS
(Section
260)
LN
131/1965
LN
85/1968
LN
3/1970
LN
52/1977
LN
52//1980
LN
13/1982
LN
157/1986
LN 164/1993
Citation
1.
These Regulations may be cited as the Land and Titles (General)
Regulations.
Hours of public business
of land registries
LN
3/1970
2. The hours
during which land registries shall be open to the public shall, except on public
holidays, be from 9 a.m. to 11.30 a.m.
and from 1.30 p.m. to 3 p.m. on Mondays
to Fridays
inclusive.
Forms
3.
- (1) The Commissioner of Lands may from time to time prescribe the forms
required for the purposes of the Act, and may amend, vary
and revoke any form so
prescribed.
(2) Any form so prescribed and any amendment, variation or
revocation of any such form, shall be published by public notice not less
than
one month before it shall be required to be used.
(3) The forms from time
to time prescribed by the Commissioner of Lands shall, subject to the provisions
of the Act and these Regulations,
be used for the purposes of the Act or of
these Regulations specified in the forms or in relation to the forms in the
relevant notice.
(4) Notwithstanding anything to the contrary contained
in paragraphs (1), (2) and (3) of this regulation, and subject to the provisions
of the Act, the Commissioner of Lands and the Registrar of Titles may, in their
respective discretions, permit the use of any form
-
(a) which in the particular circumstances in which it is used, conforms substantially or as nearly as may be to the appropriate form prescribed under paragraph (1) of this regulation; or
(b) where no form has been prescribed or has come into effect, or where the relevant form has been revoked.
(5) Every form permitted to be used
under paragraph (4) of this regulation shall, in relation to the particular
circumstances in which
it is used, be deemed to be the prescribed form for the
purposes of the Act.
(6) All forms prescribed under this regulation shall
be supplied free of charge to those members of the public who require
them.
Amendments, corrections,
erasures, etc
4. - (1)
The Registrar may refuse to register any instrument which because of erasures or
alterations or otherwise howsoever he considers
may not be in the condition in
which it was originally executed by the parties thereto.
(2) If any
instrument at the time of its presentation for registration contains any
amendment, alteration or correction, which has
not been initialled in the margin
by the person or persons executing it and by the authorised officer or attesting
witness or witnesses,
the Registrar may refuse to accept it for
registration.
LN 85/1968
(3) Where all the parties to any instrument which has been
accepted by the Registrar for registration but not registered by him, require
to
make any amendment, alteration or correction therein, the Registrar may permit
them to do so either by re-executing the document
when amended, altered or
corrected, or by initialling each and every such amendment, alteration or
correction.
Lodgement for
registration
5. - (1)
Every application (other than an application lodged for registration by post)
shall be lodged by presenting the same manually
at the public counter of the
appropriate land registry during the hours that such registry is open to the
public, and the Registrar
shall note the day and hour of presentation on every
application accepted by him for registration for the purpose of determining
the
priority thereof.
(2) It shall be lawful for the Registrar to refuse to
accept any application for registration of any matter -
(a) when the fee assessed by the Registrar to be payable in accordance with these Regulations in respect thereof has not been paid;
(b) if the relevant instruments and documents do not accompany the application, unless such instruments, or documents are proved to the Registrar's satisfaction to be already in the land registry;
(c) if the application, instrument or document contains any apparent material defect or omission;
(d) if any instrument is not duly stamped as required by the Stamp Duties Act;
Cap. 126
(e) in any case falling within the scope of paragraph (1) or paragraph (2) of regulation 4 of these Regulations; or
(f) where the application or any instrument is not in due form or duly attested.
Fees
LN
164/1993
6.- (1) The
following fees shall be payable -
A.
REGISTRAR OF TITLES
|
For certified copies of the register, any instrument,
registry map or file plans.
|
$10.00
|
|
|
|
|
For any search, per parcel numbers.
|
$10.00
|
|
|
|
|
For each and every other service, matter or thing performed,
attended to or supplied by the Registrar of Titles or his staff (other
than
first registration of title to land under Parts III or IV of the Act).
|
$50.00
|
B. VALUATION SERVICES
(LAND/PROPERTIES)
|
For Commercial and Industrial, where the value exceeds
$1,000 but does not exceed $5,000.
|
$150.00
|
|
|
|
|
Where the value exceeds $5,000 the charge shall be $4 for
every $1,000.
|
|
|
|
|
|
For Residential by individual persons, where the value
exceeds $1,000 but does not exceed $5,000.
|
$75.00
|
|
|
|
|
Where the value exceeds $5,000 the charge shall be $3 for
every $1,000
|
|
|
|
|
|
For Residential by companies, where the value exceeds $1,000
but does not exceed $5,000.
|
$20.00
|
|
|
|
|
Where the value exceeds $5,000 the charge shall be $4 for
every $1,000.
|
|
|
|
|
|
For all valuations by Institutions, Provincial Governments
where the value exceeds $1,000 but does not exceed $5,000.
|
$90.00
|
|
|
|
|
Where the value exceeds $5,000, the charge shall be $3 for
every $1,000.
|
|
C. ISSUE OF CONSENT TO
TRANSFER/LEASE/CHARGE
(i)For all Commercial or Industrial -where the considerations exceeds $20,000 but does not exceed $50,000. -over $50,000.
- where the consideration exceeds $20,000 but does not exceed $50,000. - over $50,000 iii) For all individual Residential - where the considerations exceeds $20,000 but does not exceed $50,000. - over $50,000. |
$225.00 $300.00 $112.00 $150.00 $75.00 $112.00 |
(iv) For all agricultural land, where the consideration exceeds $20,000 but does not exceed $50,000. - over $50,000 |
$37.00
$75.00 |
D. EXTENSION ON
DEVELOPMENT COVENANTS
|
For any Commercial and Industrial land
|
$100.00 per month
|
|
|
|
|
For all other development covenants, including Residential
|
$50.00 per month
|
E.
PENALTIES
|
Advertisement or Sale without consent
|
20% of the Consideration
|
|
|
|
|
Unpaid Land Rent arrears, compounded interest shall be
added.
|
80%
|
(2) If more than one separate matter shall be included in
the same application the appropriate fee prescribed in paragraph (1) shall
be
paid for each such matter, and in the event of doubt as to what is a separate
matter the question shall be determined by the Registrar
whose decision in his
absolute discretion shall be final and shall not be questioned in any
proceedings whatsoever.
(3) In cases where two or more owners of separate
parcels of land combine in one instrument to deal with their respective parcels,
the same registration fee shall be payable in respect of such instrument as
would have been payable if each owner had executed a
separate
instrument.
(4) The fees specified in this regulation shall be paid
notwithstanding the rejection by the Registrar of any application.
(5)
The Registrar may in his discretion remit or refund any fee prescribed by this
regulation.
(6) No fees under this regulation shall be payable by or on
behalf of the Government.
Evidence of
incorporation
LN 85/1968
7. An application for
registration of a dealing whereby a corporation acquires an interest shall be
accompanied by such evidence of
incorporation as the Registrar may
require.
Attestation of
instruments
8.- (1) The
following persons, during such times as they are within Solomon Islands, shall
be authorised officers for the purposes
of section 203 of the Act-
(a) all Deputy Registrars of Titles and all Assistant Registrars of Titles;
(b) the Commissioner of Lands and all Deputy Commissioners of Lands;
LN 85/1968
(c) all Adjudication Officers;
(d) all Judges and all Magistrates and justices of the peace appointed under the Magistrates' Courts Act;
Cap 20
(e) all Surveyors within the meaning of the definition of that expression in section 2 of the Act;
(f) all persons for the time being entitled to practise as barristers or solicitors of the Court;
(g) all Commissioners for Oaths appointed under the Oaths Act;
Cap. 23
(h) the Manager for the time being of any branch of any bank in Solomon Islands;
(i) all Notaries Public appointed under the Notaries Public Act;
Cap. 22
(j) all Provincial Secretaries; and
(k) any officer holding the office of Lands Officer in the Department of Lands.
(2)
Outside Solomon Islands the following persons shall be authorised officers for
the purposes of section 203 of the Act-
(a) within the Commonwealth, a Judge, Magistrate, Notary Public or Commissioner for Oaths;
(b) in any foreign country, a British consular officer or pro-consul or such other person or class of persons as the Registrar may determine.
Forms
of certificate of
verification
9. Every
certificate of verification required for the purposes of section 203 of the Act
shall be in the following form -
"I certify that the above-named .................. appeared before me at .................. on this .................. day of .................. 19........, and I have satisfied myself as to his*/their* identity (he*/they* being identified to me by .................. * or being well known to me*) and that he*/they* freely and voluntarily signed and appeared fully to understand this instrument.
Seal or stamp
of office (if any)
Signature and description of person completing verification certificate.
*Delete the alternative which is not applicable.
LN 85/1968
Persons interested in
instruments may not
attest
10. No authorised
officer or other person authorised by section 203 of the Act to complete a
certificate of verification shall complete
any such certificate in relation to,
or verify the execution of any instrument in or by which such officer or person
acquires or
disposes of any
interest.
Application for
search
11. Application
for personal searches and for certified copies shall be made in such form as the
Registrar may require.
Offences
12.
Any person who -
(a) in any land registry, acts in any way to the disturbance of other persons in the land registry; or
(b) tears, cuts or makes any mark, indentation or erasure on any register, map, instrument or document in the possession or control of the Registrar; or shall be guilty of an offence and liable to a fine of fifty dollars or to imprisonment for three months.
(c) in any land registry, in contravention of any notice exhibited in the land registry, smokes, eats, drinks, or has in his possession any naked flame, or any case, bag or other container,
shall be guilty of an offence and
liable to a fine of fifty dollars or to imprisonment for three
months.
Deposit of deeds in
archives
13. The
Registrar may in his discretion lodge in the public archives any documents of
title which he does not consider necessary to
retain in any land registry.
Notes on
forms
14. All notes and
instructions printed on prescribed forms shall be deemed to form part of these
Regulations.
Daily business paper to be
maintained
15. There
shall be maintained in each land registry a daily business paper which shall be
entered up daily and shall contain -
(a) a record of all pending applications for registration lodged in pursuance of the provisions of Part III of the Act, showing the number of the application, the name of the applicant and a reference to the location and description of the parcel affected; and
LN 85/1968
(b) a record of all pending applications for the registration of dealings, showing the umber of the application, the name of the applicant, the nature of the dealing and the number of the parcel affected
Unregistered
powers of attorney
LN
85/1968
16.- (1) If any
instrument is executed by an attorney, the power of attorney, together with a
copy thereof if the original is to be
returned to the possession of the
attorney, shall be produced to the Registrar, unless the power of attorney has
already been produced
to the Registrar in pursuance of this regulation or been
registered under the provisions of section 207 of the Act, and evidence
(by the
statutory declaration of the attorney or otherwise) sufficient to satisfy the
Registrar that the principal was alive at the
time of execution of the
instrument and that the power was then unrevoked, shall also be
produced.
(2) The original power of attorney or a certified copy thereof,
as the case may be, shall be filed in the land registry.
___________________
THE LAND AND TITLES (GENERAL) REGULATIONS
NOTICE
(Regulation
3(1))
LN
122/1968
LN 52/1977
[1st January 1969]
The Commissioner of Lands hereby prescribes the forms set
out in the Schedule hereto for the particular purposes of the Act specified
on
each form, and hereby gives notice that the said forms will be required to be
used with effect from the first day of January,
1969.
SCHEDULE
FORM 1A
SOLOMON
ISLANDS
THE LAND AND TITLES ACT
(Cap. 133)
Application
for First Registration in respect of a Freehold or Leasehold interest in
Land.
(Section 10)
FOR OFFICIAL USE ONLY
|
Time and Date of Receipt
|
Application Number
|
|
|
|
|
|
|
Date of issues of Form 1A
|
Date of Issue of Form 1B
|
Parcel Number
|
|
|
|
|
THE FOLLOWING SECTIONS MUST BE COMPLETED BY APPLICANT.
IT IS IMPORTANT THAT THE NOTES ON
PAGE............... OF THIS FORM SHOULD BE
READ
I*/We* (full name and
occupation or other description) of (residence in the case of individuals; in
the case of application on behalf of
a corporation state name of corporation.
See Notes 5 and 6) hereby apply to the Registrar for registration of the
freehold*/leasehold* interest in all
that parcel*/those parcels* of land in
Solomon Islands comprising ......................acres or thereabouts
(hereinafter called "the said land") and being
more particularly described
as-(set out description below)
[*Delete such of the words in italics as are not applicable.]
2. This application is made in pursuance of Part III of
the provisions of the Land and Titles Act.
3. All communications and
notices relating to this application should be addressed to:-(set out below
applicant's address for correspondence
which, wherever possible, should be an
address in Solomon Islands).
4. The details of the original grant of the
said land are as follows -
(1) Date of Grant -
(2) Name(s) of grantor(s) -
(3) Name(s) of grantee(s) -
(4) Nature of grant- (e.g. conveyance of freehold, lease of public land, etc.)
†5. This application is made because of the following transaction in the said land - (set out below details of transaction which makes application necessary under section 12 or 13 of the Act).
† Delete this section if not applicable.
(1) Date of transaction -
|
(2) Parties-
|
1
|
|
|
2
|
(3) Nature of transaction-(e.g. conveyance of
freehold, assignment of leasehold, etc.)
6. The freehold */leasehold*
interest in the said land is at present held by (name and occupation or
description) of (address).
* Delete such
of the words
in
italics as are not
applicable.
†7. Accompanying this application is a plan of
survey of the said land.
† Delete this section if not applicable.
8. I*/We* hereby apply to
the Surveyor-General to undertake all the survey work necessary for registration
of the said land, and undertake
to pay the cost of such survey work as certified
by the
Surveyor-General.‡
‡When
the application is made by a mortgagee or a grantee of a new leasehold interest
under the provisions of the proviso to
section 13 of the Act, he is entitled
under certain circumstances to recover such costs from the mortgagor or grantor
(section 15
(3) reverse).
This
application is made in exercise of the power conferred on me by a
|
Power of Attorney
dated
.........................
|
|
And
made
by*
........................ |
|
Date
|
|
Signature of
applicant(s)
|
*Delete such of the words
in
italics as are not
applicable.
[PLEASE READ CAREFULLY THE NOTES BELOW]
STATUTORY DECLARATION OF NON-REVOCATION OF POWER OF ATTORNEY TO BE COMPLETED IN THE CASE OF APPLICATIONS MADE PURSUANT TO A POWER OF ATTORNEY
I (name) of (address) do solemnly and sincerely declare as
follows-
1. I am the attorney appointed in the Power of Attorney dated the........ and made by...................
2. To the best of my knowledge and belief, the said Power of Attorney has not been revoked and continues in force. AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declaration Act, 1835.
|
Declared
at.............
This................day............ of ...............19....... Before me: ....................... Commissioner for Oaths |
.................................
Signature of Declarant |
NOTES
1. Reference should be made to Part III of the Land and
Titles Act, the Land and Titles (General) Regulations, and all other relevant
subsidiary legislation under the Act for the time being in force.
Particular
note should be made of the provisions of sections 10, 12, 13 and 15 of the Act
and to regulations 5 and 14 of the Land
and Titles (General)
Regulations.
2. It is essential that this form be completed fully and
accurately.
3. (i) On acceptance of an application, an application number
will be allotted by the Registry, and this application number should
be used in
all correspondence and communications on the subject prior to registration.
(ii) On completion of registration, the applicant will be informed of
the Parcel Number by which each parcel of land registered in
pursuance of the
application is identified. This Parcel Number should always be used to identify
the parcel.
4. TITLE DOCUMENTS SHOULD NOT BE FORWARDED WITH THIS FORM.
(After acceptance of an application the Registrar will, when the
Surveyor-General
has reported that the survey information and data necessary for
registration of the land in respect of which the application is made
is
available, forward to the owner of the freehold or leasehold interest in the
land a Form 1 B which takes the form of a statutory
declaration. The Form 1B
must be completed by the owner and returned to the Registrar, together with all
title and other supporting
documents, within such period as the latter
specifies. Penalties are provided in the Act for failure to comply with this
requirement).
5. An application for registration may be made on behalf of
a corporation by a director or the secretary of the corporation or by
an
attorney appointed in that behalf by the corporation under its common seal, or
in the case of a local authority by the clerk of
the authority.
6. Where
the application is made by an attorney the original of the power of attorney
must be produced and the Registrar will require
to retain it or a certified true
copy provided by the applicant, unless the power has already been registered
under section 207 of
the Act or has otherwise previously been deposited in the
land registry.
7. In the case of more than one applicant, a single
address in Solomon Islands to which communications can be sent should be entered
in paragraph 3 of the application.
FORM 1B
SOLOMON ISLANDS
THE
LAND AND TITLES ACT
(Cap. 133)
Application
for First Registration in respect of a Freehold or
Leasehold
interest in
Land
(Section 10)
Statutory declaration by Owner of the Freehold or Leasehold interest
FOR OFFICIAL USE ONLY
|
Dates of issue and Initials of
Issuing Officer
|
Application Number
|
|
|
|
|
Time and Date of
Receipt
|
Parcel Number
|
|
|
|
THE FOLLOWING SECTIONS MUST BE COMPLETED BY THE DECLARANT.
IT IS IMPORTANT THAT THE NOTES ON PAGE................ OF THIS FORM SHOULD
BE
READ.
I*/We* (full name and
occupation or other description) of (residence in the case of individuals; in
the case of a declara