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What is Land Titling

Friday, 28 September 2007 - 6:17 AM SL Time


FYI


What is Land Titling (LT) ?

Land Titling is :

Identifying and register lands and its owner/owners which includes,
Demarcating and Surveying of land parcel boundaries and preparing a plan

Determine legitimate owner
Registering the title in Land Registry
Issuing title certificate to replace a Deed

In Sri Lanka land can be acquired by :

In Sri Lanka land can be acquired by means of,

Purchase
Gift
Continuous occupation and qualified for prescription right
Government grant



How does this new system of Land Titling work?



We establish our ownership to land by getting a Deed written by a Notary Public. The Deed system was in operation in last 200 years but it has number of problems.

Boundaries not clear
Usually not properly surveyed and plan not available
Extent not accurate
Leads to land disputes and costly court cases


If our country is to develop fast and raise our income and living standard, then we should adopt a modern system of Land Titling as introduced by Land Titling and Related Services Project ? 2000. The new Titling system would have following advantages,

It is simple and convenient

It cost much less than Deed system
It can facilitate land transaction speedily and less costly
It would help to increase the value of land
It would ease getting bank credit and finance for development

How does this new system of Land Titling work?


* It operated under the provisions of Registration of Title Act of 1998 passed by Parliament of the Democratic Socialist Republic of Sri Lanka
* The Minister of Land is empowered to declare an area to implement Land Title Programme.
* People in the declared area (a village or two) is made aware through awareness programme, the preceding of the Land Titling.
* The scheduled area is then surveyed by a Government surveyor, lot by lot, while tracing and investigating the owners of such land by examining record at the Land Registry and verification. (Cadastral maps)
* People are invited to submit claims of ownership to all lands identified, surveyed and plans drawn. Names of owners and their land lots are published in the gazette and people are given 30 days to establish their claims.
* Then schedules made and checked by an Assistant Commissioner of Land Settlement and submitted to Commissioner of Land Settlement for final approval of all such percales of land.
* Once the commissioner of Land Settlement approves, the Title Settlement, it is sent for Registration at Land Registry to register the ownership.
* The Land Registry effects registration of the title, cancel the old Deed and issue a new Title Certificate.
* Title certificate contain all relevant information: name of the land owner, his ID number, lot number, cadastral map number, extent and location.
* The certificate is guaranteed by the Government.



When the Titling process is on in an area and if the owner of the land has gone overseas, how can his/her rights secured?
By giving power of attorney to a person to represent the owner, at the titling process. The absentee owners, right can be fully secured with out difficulty. This can be effected by mail. (sending a letter from the overseas destination)

Can a Land Owner transact land related business after investigation but before registering the title?
There is no bar for this but it is best that such transactions are brought to the attention of the project implementation office in the area.

At what stage of Titling does a existing Deed get cancelled?
When a Title Certificate (TC) is issued to a land holder, the original Deed is replaced and there for it is cancelled. There is no need for it, as a Title Certificate can facilitate any land based transaction and is fully recognized by law. A holder can keep the old Deed as a memorabilia.

If you need to sell a land parcel after issue of the Title Certificate what must be done?

Selling of land after issues of Titling Certificate can be done easily. You need to fill in a form and all notary publics are aware of this form. It also appears in our Web Site. After fill in this form with the assistance of a Notary Public, sale can be affected easily at minimum of cost and delay.

If you need advice regarding the use of Title Certificate who should you contact :

All necessary instructions and advice are printed on the folder of the Title Certificate. Please read them.
You can also get your problem sorted out by contacting Title Project Office in your area, Land Registry or a Notary Public.


For more info: http://www.ltrsp.slt.lk/faq_ltrsp_sri_lanka.htm

Source(s)
http://www.ltrsp.slt.lk/faq_ltrsp_sri_lanka.htm

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AnuD
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Joined: May 2005
Posts: 27768
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LK Information  27 Sep 2007 23:25:19 GMT  Report for Abuse  
HOw this is related to what is called 'Hora OPPU liyanawa'.
Robins
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LK Information  27 Sep 2007 23:33:41 GMT  Report for Abuse  
AnuD

You are always into these HORA things man:))))))
Robins
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LK Information  27 Sep 2007 23:36:38 GMT  Report for Abuse  
Lalith

Take AnuD for the HORA OPPU:)))

Or Take Sidath Ayya for breaking few bones:)))

laliths
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Joined: Mar 2005
Posts: 3999
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LK Information  28 Sep 2007 00:08:10 GMT  Report for Abuse  
Guys,

Hora oppu writing has become a cottage industry now.

Only need a notary seal.

Appeals courts are inundated with these kind of cases.

Unbelievable the amount of fraudulent deeds.


Edited By - laliths - 28 Sep 2007 00:09:07 GMT
emmasb10
Joined: Sep 2008
Posts: 1
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LK Information  18 Sep 2008 08:11:48 GMT  Report for Abuse  
Land Fraud has increased in countries with title registration because the law does not permit recovery of lands from fraudsters. Sri Lnaka is introducing the new act
It is a pleasure to inform you that there will be a conference on the 22 nd and 23rd October in Malaysia on Protection of Property Rights held in collaboration with Terra Institute University of Wisconsin, Property Record Industry and Association of USA, Islamic university of Malaysia and LATEM
Land Tenure Environment Management
world class research resource centre in Malaysia. It will be an international forum to discuss the problem of land fraud and title registrtaionwhich will greatly affect the land rights of all countries in the future.
Background to this conference.
Protection of property rights has become an important topic because of money laundering and land fraud. Property rights often spoken together with the rule of law does not have a law to protect an owner against ' land fraud ' or 'government takings'. The gap in the law has created severe problems for land owners especially in the developed nations such as USA Australia Canada and UK. The other nations including the 53 Commonwealth nations which are in the transitional stage of converting de facto rights to de jure rights requires advice regarding institutional environment. The administration and the environment should be secure and free of corruption, conducive to create an efficient flexible system of property rights such that the registration process is affordable and safe. Owners often fall back to the non registration system due to the cost factor, corruption in the administration and conveyancing process.
Emphasis has been on establishing property rights through out. The rule of law and property rights seem synonymous but when land is misappropriated by governments and taken away from owners by fraudulent means legal systems do not afford a remedy. The conference is held in Malaysia mainly because of the serious judicial decision, which created precedence that the land belongs to fraudster rather than to the owner according to the title registration law.
USA to day faces a great challenge due to the pervasiveness of land fraud . property Record Industry and Association
PRIA
is a unique partnership of business and government members of the property record industry with the end goal of facilitating recordation and access to public property records facilitate research, development, creation and implementation of national standards and procedures for the property industry in USA. They will join us at the conference with Professor David Stanfield from Terra Institute university of Wisconsin.
Universities and registrars of land in several jurisdictions have many ideas and written papers which give great solutions. These will be presented at the conference.. The absence of a forum to collect and disseminate the knowledge to all is a disadvantage
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