CIVE 4603

Land Law & Regulations

Land Registration
Land Administration
• The survey department (DSMM) is responsible on provide accurate
measurement (section 396).
• Director of DSMM need to certified the survey plan if the survey job is
done by the licensed surveyor ( licensed surveyor act 1958).
• Land office is responsible on register the land and title.
• The land registration system is depends on the efficiency and
procedure to register the title.
Criteria for successful land registration system

1.
1. Security
Security

2.
2. Simplicity
Simplicity

3.
3.Accuracy
Accuracy

4.
4. Speed
Speed
5.
5.Cheapness
Cheapness

6.
6. Suitability
Suitabilityto
to Circumstances
Circumstances

7.
7. Completeness
Completeness
Security
• Indefeasibility of title.
• Unique title ID.
Simplicity
• Procedure clear.
• Plain document of title containing description of the parcel,
identification of proprietor and their registered interests.
• System based on land parcel.
• Registers and titles are adequately indexed.
Accuracy
• Registers are bounded register document of titles thus the bare
minimum of documents is utilised – no redundancy in registration.
Speed
• Simple documents or forms for dealing
• Simple recording system.
Cheapness
• System adopts registration of title with mirror principle – thus not
necessary for retrospective checks to be performed. Consequently,
there is reduced amount of searching, work and responsibility.
Suitability to Circumstances
• System accepted by public users.
• Criticisms occasionally leveled for consequence of manpower
problem and attitude of personnel.
Completeness of record
• Registration records are complete, covering all land including those
under QT’s, and reserved lands.
• Records are up-to-date.
Section 396
1) Land shall not be taken to have been surveyed until,

• a) its boundaries have been determined by right lines;

• b) its boundaries as so determined have been demarcated on the surface of
the land by boundaries mark or, if by reason of the configuration thereof or
for any other cause the placing of boundary marks on the actual line of the
boundary is to any extent impossible or impractical, boundary marks have
been so placed as to enable that line to be ascertained;
• c) the area enclosed by its boundaries as so determined has been
calculated;
• d) a lot number has been assigned thereof by the Director of Survey; and
• e) a certified plan, showing the situation of the land, the position of its
boundaries as so determined and of the boundary marks placed thereon
and the area and lot number thereof has been approved by the Director of
Survey.
Section 11
• Administrative areas
a)Divide the territory of the State into District.
b)Divide any District into sub-District.
c)Divide any District or sub-district into Mukims.
ca) Vary or alter the boundary of any district, sub-district, mukim, town or village.
d)After the survey or definition thereof by or on behalf of the Director of
survey and Mapping, declare any area of the State to be town or village.
Classification of land – section 51

• Section 51 (1)
• a) land above the shore-line; and
• b) foreshore and sea-bed.
• 51(2) land above the shore-line shall be classified as follows –
• A) town land, that is to say , land in any area of the state declared in accordance
with the provisions of section 11 to be a town or, by virtue of section 442, deemed
to be a town duly constituted as such under those provisions.
• B) village land, that is to say, land in any area of the state declared in accordance
with the provisions of section 11 to be a town or, by virtue of section 442, deemed
to be a village duly constituted as such under those provisions.
• C) country land, that is to say, all land above the shore-line other than town land
and village land.
Section 442
• Section 442 – transitional provision with respect to administrative
areas.
• Any areas constituted under the provisions of any previous land law, or
recognized immediately before the commencement of this Act, as a district,
sub district, mukim, town or village shall be deemed for the purposes of this
Act to have been constituted as such pursuant to the provisions of section 11.
Land alienated subject to a category

• Section 121: Agriculture

• 1) where in pursuance of section 52 any land is alienated under this Act subject to
the category ‘ Agriculture’, the State Authority may, in the exercise of its powers
under section 120 (and without prejudice to the generality of those powers),
impose such condition as it may think fit –
• A) requiring the cultivation thereon, or on nay part on proportion thereof, of a particular crop, or
of any class or description of crops;
• B) prohibiting the cultivation thereon, or on any part or proportion thereof, of a particular crop,
or of any class or description of crops;
• C) fixing the dates in any year on or before which any work of clearing, cultivation , sowing,
manuring or harvesting, or any other algriculture activity, is to be commenced or completed;
• D) limiting the maximum area of land which may be occupied by dweling-houses and other
buildings.

• 2) in these section “crop” includes trees cultivated for the purpose of their produce.
• Section 122 – Building and Industry
• Where in pursuance of section 52 any land is alienated under this Act subject
to the category “building” or the category “industry”, the State Authority may,
in the exercise of its power under section 120 (and without prejudice to the
generality of those powers), impose such conditions as it may think fit with
respect to –
• (a) the area or proportion of the land to be built upon;
• (b) the type, design, height and structure of any building to be erected on the land, and
the type and quality of the materials to be used in its construction;
• (c) the dates on or before which any such building is to be commenced or completed;
• (d) the use to which any building is to be put.