THE LEGISLATIVE BASIS FOR THE NEW SYSTEM
OF ADJUDICATION & REGISTRATION OF TITLES TO LAND

The following enactments constitute the legislative basis of the new system for registration of titles to land:

The Land (Adjudication of Rights and Interest) Act, Cap 228A (the Land Adjudication Act):
This Act provides inter alia, for the investigation, adjudication and declaration of all rights and interests in land in certain areas called registration districts. These districts are declared by Order of the Minister of Housing and Lands. At present there are eight (8) Registration Districts.

The document containing a statement of all the relevant rights and interests is called an Adjudication Record which is prepared by a Registration Officer. Title is declared by a Commissioner of Titles for the relevant district.

The Land Boundaries Act, Cap. 228B:
This Act provides generally for demarcation of land boundaries. Since 1980, every survey plan must be prepared in accordance with this Act and recorded with the Chief Surveyor. The Commissioner of Titles uses these plans to assist with land adjudication.

The Land Registration Act, Cap. 229 (the Land Registration Act): Once title to land has been declared by the Commissioner of Titles, the Record is sent to the Registrar of Titles, who completes registration of the parcel by compiling the Land Register. This Register is a definitive statement of all the rights and interests in a parcel of land and is guaranteed as accurate by the State. If there is an error therein, an aggrieved party may be entitled to compensation. Once a parcel is registered in the Land Register, all further transactions with the land must take place according to the procedures set out in this Act. This Register alone forms the basis of every title and official Certificates are issued stating exactly what the state of that title is. No further searches in the old Deeds Index books are necessary.

The Land Surveyors Act, Cap. 370: This Act provides for the licensing and control of land surveyors. Land surveys carried out by land surveyors assist in the demarcation of boundaries.

The Land (Adjudication of Rights and Interests) Regulations, 1988: These prescribe the forms to be used for the purpose of making claims for title to land and also the fees payable upon the making of such claims.

The Land Registration Regulations, 1988: These regulations prescribe the form of the LAND REGISTER, the certificates of title, lease and charge, the forms to be used in effecting dealings in registered titles and the fees payable on the registration of such dealings.

Other relevant enactments are:
Condominium Act, Cap. 224A
Property Act, Cap 236