Land Titling (LT) in Sri Lanka

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 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.