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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 con