SBQ 3522 CONTRACT STUDY III

LECTURE 2

CLASSIFICATION OF LAND AND CATEGORY OF LAND USE

Learning outcomes:The student must be able i) to distinguish between classification and category of land use ii) discuss the relationship between classification and category of land use iii) discuss the legal issues relating to classification and category of land use

Classification v category of land

Classification and category of land use are two

different terminologies Classification of land especially indicates the location of the land Category of land use refers to the type of usage the land is subject to The State Authority has the power to determine the classification and type of land use

Land classification Chapter 2 NLC 1965 Section 51

For the purpose of this Act, land shall be classified as follows

a) Land above the shore-line; and b) Foreshore and sea bed

Land classification Chapter 2 NLC 1965

S 51(2)
Land above the shore-line shall be classified as follows (a) Town land, land in any area of the State declared in accordance with the provisions of Section 11 to be town or by virtue of S 442 (b) Village land, land in any area of the State declared in accordance with the provisions of Section 11 to be town or by virtue of S 442 (c) Country land, that is all land above the shore-line other than town land village land.

S5 NLC 1965 Definition town, country and village land

town land has the meaning assigned thereto by sub-

section (2) of section 51 village land has the meaning assigned thereto by subsection (2) of section 51 country land has the meaning assigned thereto by subsection (2) of section 51

S 11 (d) NLC 1965 Power of the State and State Officers

After the survey or definition thereof by or on behalf of the Director of Survey, declare any are of the State to be a town or village

Classification of Land
S51 NLC 1965

Land above shore line S51(1)(a)

Disposable Alienation Leasehold Only

Shore line and sea bed S51(1)(b)

Country Land S51(2)(a)

Village Land S51(2)(b)

Town Land S51(2)(c)

Land Office Title S77(3)(b)

Registry Title S.77(3)(a)(i)

 All State land belongs to the State

DISPOSAL Division II Part 5 NLC

Section 40 NLC

There is and shall be vested solely in the State Authority the entire property in : a) all State land within the territories of the State b) all minerals and rock material within or upon any land in the State the rights to which have not been specifically disposed by the State Authority

State Authority S5 NLC 1965

State Authority means the Ruler of Governor of

the State, as the case may be. Any person interested in acquiring or owning land may apply to the State Authority for State Land. State Authority may consider the application and may grant the to the successful applicant. The land applied for may be alienated.

Alienation S 76 NLC 1965

The alienation of State land under this Act shall consist of its disposal by the State Authority a) for a term not exceeding ninety-nine years aa) in perpetuity i) where the Federal Government requires the State Authority to cause a grant in perpetuity to be made to the Federal Government or to a public authority or where the Federal Government and the Government of State agree to make a grant in perpetuity to the Federal Government

 ii) where the State Authority is satisfied that the land is to be

Alienation S 76 NLC 1965

used for public purpose; or iii) where the State Authority is satisfied that there are special circumstances which render it appropriate to do so; b) in consideration of the payment of an annual rent; c) in consideration, unless the State Authority thinks fit to exempt therefrom in any particular case, of the payment of a premium; d) subject, unless the State Authority otherwise directs pursuant to subsection(5) of Section 52, to a category of land use determined in accordance with sub-sections (2) and (3) of that section; and e) Subject to such conditions and restrictions in interest as may be imposed by the State Authority under, or are applicable thereto by virtue of, any provisions of the Act.

S77 NLC 1965 Titles under which land may be alienated

S77(1) The titles under which State land may be alienated

under this Act are:a) Registry title and Land Office title(being forms of final title) and b) qualified title

S77(2) NLC 1965

Land may be alienated under

after its alienation has been approved by the State Authority, but may not be alienated under either of the forms of the final title aforesaid unless (a) it has been surveyed in accordance with S396 (b) having been surveyed under any previous land law, it is shown on a certified plan prepared on that survey and adopted by the Director of Survey for the purpose of this Act

qualified title at any time

S77(3) NLC 1965

Of the said forms of final title (a) Registry title shall be appropriate in the case of (i) town or village land (ii) any lot of country land exceeding four hectares in area, and (b) any part of the foreshore or sea-bed Provided that(i) the State Authority may if it thinks fit, on approving the alienation of any country land, direct that the land shall ultimately be held under Registry title, notwithstanding that its area does not exceed four hectares, and (ii) Foregoing provisions shall effect subject to Section 11 of the Land (Group Settlement Areas) Act 1960 under which Land Office title is required to be issued in respect of all holdings under that Act

S26 NLC(Amendment) Act, 1984

S 26 introduced a new S77A whereby :-

In any alienation of State land after the coming

into force NLC (Amendment Act) 1984, the titles under which State land may be alienated will only be confined to Land Office title (being the only form of final title) and qualified title

Final title v Qualified Title

Final title are the final forms of title under which lands

are alienated after they have been surveyed Qualified title have similar rights as those held by a final title, save and except that : 1) the boundaries shall be provisional only except in so far as any of them may have been established by any earlier survey 2) the land is not capable of being subdivided, partitioned or included in any amalgation nor any building thereon be capable of subdivision.

Forms of title S77 NLC 1965

Land Titles Final Titles(after survey) Qualified Title (no survey)

Registry title(no more after 1985)

Land Office Title (local administration)

Land Office Title

Registry Title

Grants

State Leases

Mukim Grants Mukim Leases If surveyed, becomes final title

Register document of title the original copy of the grant or lease not to be taken out or removed from the Land Registry or the Land Office Issue document of title a duplicate copy of the original grant or lease kept in the Land Registry or Land Office which is issued to the alienee or the Land Owner

S85 NLC 1965 Register document of title & issue document of title

S89 NLC 1965

Every registered

conclusive evidence that the title to the land described therein is vested in the person or body registered therein Issue document of title is important for any dealings in land

register document of title shall be