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REG.OF TITLES ACT

-Present system:– to register documents affecting land at Land Registry

-it is the document that’s registered

-to know history of property  *must go through all deeds registered in respect of that land at Land Registry
* must copy down all entries available re. that land
*decide on who’s got title to the land

System of Registration of Title instead of Registration of Documents started in;

 Wellawatte
 Kirillapona and
 Part of dehiwala

-a cadastral survey was done in these areas

-& title of each block included in CS was investigated
-after inquiry  claimants given Certificates of Title of 1st class & 2nd class
-Reg of Title didn’t go beyond these 3 areas coz too expensive & too much work
-No sub-division was permitted in these areas, without prior approval of the Survey General

Registration of title didn’t go beyond the areas mentioned because;

(a) It was too expensive and
(b) It involved too much work

If you make a search at the land registry, colombo, of land in these 3 areas, the original survey plan referred to in
the cadastral survey can be traced.

if the land (in the 3 areas) are sub-divided - the plans of sub-divisions are also available at Land Registry

Registration of Title act 21/1998

Made provision for the

 Investigation and registration of title to a land parcel,
 Regulation of transactions re. a land parcel so registered
 Matters connected with it.

Object of the act – to gradually do away with the registration of documents in the areas gazetted, for the reg. Of
titles

The procedure;
1) Minister of lands declaring an area as coming within the operation of the act.

People appointed for the implementation of the act;

1. Commissioner of title settlement
2. Registrar general of titles
3. Registrar of titles
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2) Title registries as opposed to land registries were established in the areas gazetted.

3) Commissioner of title settlement requests the survey general to;

 Survey all the lands in the gazeted areas into units of land parcels, and
 Prepare a cadastral survey map showing the land parcels in that map

4) Commissioner of TS will publish a notice in the gazette calling for

claims to be submitted to the units of land parcels, within a prescribed period of notice

5) All claims submitted within prescribed period will be:

 Investigated by the commissioner of TS or
 Referred to a conciliation board appointed by the Com of TS

Conciliation board

Consists of 3-7 members:

 landowners resident within the Grama Niladhari Division and
 Grama Niladhari of area of Division under investigation

Board may assist any person having an interest in the land, to resolve the dispute.

6) On conclusion of the investigation – commissioner of TS will publish his determination in the gazette.

Where the commissioner finds; (decisions of Com)

(I) Claimant has absolute ownership – claimant can be registered with a 1st class title of absolute
ownership

(II) If Claimant does not qualify for a 1st class title of absolute ownership, but is in possession of the
land parcel –claimant can be registered with a 2nd class title of ownership, with a right to have it
converted to a 1st class title of ownership, if he has uninterrupted & unchallenged possession for 10
years

(III) Where the claimant has established a claim to part of a land parcel - claimant is entitled to a 1st /
2nd class title of ownership to that divided portion.

(IV) Where it is not possible to recognise the claims, without reducing the extent of the land parcel
to below prescribed economic unit - declare that all claimants who have established their claims to
that land parcel, to be registered as co-owners according to extent of their claim.

Once title of Co –ownership is registered

-Com of TS can appoint a Manager for that land parcel

-with consent of majority of co-owners
-Manager has power & obligations of a Trustee under Trust Ord

State land

 Commissioner of land settlement will prepare a schedule of state land.

 Registration of 1st class title of absolute ownership in state land will be entered.
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Interest in land parcel

During an investigation by the commissioner;

-if he is of the opinion that,
-due to the disputed nature of the land parcel,
-it would be better for the DC to carry out the investigation,
-he may refer the claim to the relevant DC

if a claimant is aggrieved by declaration of commissioner of TS

-he may appeal against declaration, to the relevant DC
-within prescribed period

Cadastral survey may be revised;

 At request of commissioner of title settlement or
 On order of court – so that land parcel will be in keeping with order of court in respect of the claim

DC can order sale of the land parcel

After the commissioner’s/ court’s investigations:

- initial entries will be made in the title registers (Title Registry) &
- no transaction can be made under the RDO in respect of that Land Parcel in the Land Register (Land
Registry) & all future transactions have to come under Title Registration Act &
- RDO will cease to exist.

There will be a cross reference from the land registers (maintained under RDO) to the title registers (maintained
under the Reg of Title Act)

Any psn may inspect the title registers

- and after paying a prescribed fee obtain certified extracts from the Registrar of titles

Certified copies of the cadastral survey map can be obtained from the survey general.

Can sub-divide/ amalgamate land parcels if it conforms to requirements in the Act

-although original survey done by Surveyor General

-sub-division or amalgamation can be done by a duly authorized surveyor
**-after land parcel is duly registered, all subsequent transaction re. the land or interest in the land – has to be
deal with accd. to the Act
-any disposition otherwise effected – is void

When conveying a land or any interest in land, prescribed forms must be used.
-Forms must be signed by 2 witnesses and
-Attested by a notary

if State Land – by authorized public officer

The notary attesting an instrument in terms of the Act

 Is responsible for identity of the parties and witnesses,
 The capacity of such parties,
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 Satisfy himself about the identity of the land (by referring to Certificate of title or records at title
registry)
 Send instrument within 7 days of execution, to registrar of titles of relevant area.

Registrar of titles - will not register a title that depends on;

 The happening of an event or
 The fulfillment of a future condition,
except for a life interest.

Once a land parcel is registered - no instrument creating co-ownership can be registered unless under the act.

all instruments re. a registered land parcel will be effective only after registration

Provisions have been made under the new Act for registration of strata titles under provisions of Apartment
Ownership Law.

The registrar of titles will destroy after 10 years all documents accepted in support of an entry in the title
register.

if registered owner dies testate/ intestate – there’s provision for registration of ownership accd to Act

Provi. of Prescription Ord - do not apply to registration of 1 st / 2nd class under the act

The act also makes provisions for an insurance fund managed by the Registrar General of Titles & the central
bank - to indemnify psn suffering loss/ damage
-but, there’s no indemnity on account of surplus/ deficiency in the land parcel as certified by the survey
general.

Provi. of Partition Act - does not apply re. registered land of 1 st / 2nd class title of ownership