LAW OF PROPERTY

INTROUCTION
 DEFINITION OF PROPERTY

The term “ property” , while expelling from its ambit all

personal rights or rights which are associated exclusively

with status, falls short of accommodating within its

preview even the entirety of rights which assume a

proprietary character.
 RIGHT IN REM AND RIGHT IN PERSONAM

❖ Right in rem alone constitute the legitimate

province of the law of property

❖ Right in personam are concern of the law of

obligations
 FOUNDATIONS OF LAND LAW IN SRILANKA

Law of Property in Sri Lanka is derived from various

systems of law.
1
3 Customary Law

I. Tesawalamai

II. Other Customery Law ( Muslim Law )

III. Custom Under Sinhala Communities

3
2

Received Law

I. Roman – Dutch Law

3
SYSTEM OF LAND TENURE IN EARLY SINHALA COMMUNITIES
1
3 Gabadagam
Lands came directly under the control of the king

Nindagam
3
2
Village lands that came under the domination of a
chief or overlord who had received them by a formal
grant from the king

3 Viharagam and Devalagam

Village lands gifted to vihares and devales by the king
or chiefs or overloads

3
4 Villages Controlled by Officials
The officials collected taxes from the villages and that
the individuals in these communities performed the
required services.
 LEGISLATIVE CHANGES IN THE COLONIAL PERIOD

1
3 Rajakariya or compulsory performance of service to the crown
was restricted and finally abolished by the British in 1832.

3
2 But services had to be performed in respect of Nindagam and
temple and devale lands.

3 Change regarding money payment

▪ Service tenures ordinance (1870)
LEGISLATIVE CHANGES IN THE POST - INDEPENDENCE PERIOD

1
3 Services in regard to Nindagam was rejected.
▪ Nindagama Land Act ( 1968 )

3
2 Given power to acquire absolute ownership of Nindagam lands.

Nindagama land act replaced the service paraveni land ordinance

3
( 1852 )