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SBQ 3522

CONTRACT STUDY IIILECTURE 2

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CLASSIFICATION OF LAND ANDCATEGORY OF LAND USELearning outcomes:-The student must be ablei) to distinguish between classification and category of land

useii) discuss the relationship between classification and

category of land useiii) discuss the legal issues relating to classification and

category of land use

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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 determinethe classification and type of land use

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Land classificationChapter 2 NLC 1965

Section 51For the purpose of this Act, land shall be classified

as follows

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

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Land classificationChapter 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 declaredin accordance with the provisions of Section 11 tobe town or by virtue of S 442

(c) Country land , that is all land above the shore-lineother than town land village land.

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S5 NLC 1965Definition 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 sub-section (2) of section 51

country land

has the meaning assigned thereto by sub-section (2) of section 51

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

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

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Classification of Land

S51 NLC 1965

CountryLand

S51(2)(a)

VillageLand

S51(2)(b)

TownLand

S51(2)(c)

Land above shore line

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

S51(1)(b)Disposable

AlienationLeaseholdOnly

Land Office

TitleS77(3)(b)

Registry TitleS.77(3)(a)(i)

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DISPOSALDivision II Part 5 NLC

All State land belongs to the State

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

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State AuthorityS5 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.

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AlienationS 76 NLC 1965

The alienation of State land under this Act shallconsist of its disposal by the State Authority

a) for a term not exceeding ninety-nine years

aa) in perpetuityi) where the Federal Government requires the State Authority to cause a grant in perpetuity to be made tothe Federal Government or to a public authority orwhere the Federal Government and the Government of State agree to make a grant in perpetuity to theFederal Government

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AlienationS 76 NLC 1965

ii) where the State Authority is satisfied that the land is to beused for public purpose; or

iii) where the State Authority is satisfied that there are specialcircumstances 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 apremium;

d) subject, unless the State Authority otherwise directs pursuantto subsection(5) of Section 52, to a category of land use

determined in accordance with sub-sections (2) and (3) of thatsection; ande) Subject to such conditions and restrictions in interest as may

be imposed by the State Authority under, or are applicablethereto by virtue of, any provisions of the Act.

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S77 NLC 1965Titles under which land may be alienated

S77(1) The titles under which State land may be alienatedunder this Act are:-a) Registry title and Land Office title(being forms of finaltitle) andb) qualified title

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S77(2) NLC 1965 Land may be alienated under qualified title at any time

after its alienation has been approved by the State Authority, but may not be alienated under either of theforms 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 andadopted by the Director of Survey for the purpose of this

Act

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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-bedProvided 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 thatits 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 LandOffice title is required to be issued in respect of all holdingsunder that Act

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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 onlybe confined to Land Office title (being the onlyform of final title) and qualified title

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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 earliersurvey

2) the land is not capable of being subdivided, partitionedor included in any amalgation nor any building thereon becapable of subdivision.

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Forms of titleS77 NLC 1965

Land Titles

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

Land Office Title

Registry Title

If surveyed, becomes final title

Registry title(nomore after 1985)

Land Office Title(local administration)

GrantsState Leases

Mukim Grants

Mukim Leases

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S85 NLC 1965

Register document of title & issue document of titleRegister 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 OfficeIssue 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

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S89 NLC 1965 Every registered register document of title shall be

conclusive evidence that the title to the land describedtherein is vested in the person or body registered therein

Issue document of title is important for any dealings inland