ADJUDICATION OF TITLE DECREE

CHAPTER 1
ADJUDICATION OF TITLE DECREE

Arrangement of Sections

PART I

PRELIMINARY AND APPLICATION

1. Short title.

2. Interpretation.

3. Application.

4. Declaration of adjudication area.

PART II

OFFICERS

5. Appointment and powers of officers.

PART III

CLAIMS AND DEMARCATION

6. Division into adjudication sections.

7. Notice of adjudication section.

8. Staying of land suits.

9. Restriction on surveys.

10. Claims and attendance.

11. Safeguarding of rights of absent persons and minors.

12. Notice of demarcation and recording.

13. Indication of land claimed.

14. Special powers of demarcation officer.

15. Duties of survey officer.

16. Duties of recording officer.

17. Disputes.

PART IV

PRINCIPLES OF ADJUDICATION AND PREPARATION OF ADJUDICATION RECORD

18. Principles of adjudication.

19. Rules to be followed in adjudication.

20. Adjudication record.

21. Notice of completion of adjudication record.

PART V

OBJECTION AND FINALITY

22. Objection to adjudication record.

23. Procedure on hearing objections.

24. Correction of adjudication record.

25. Finality of adjudication record.

26. Cost of adjudication survey.

PART VI

APPEALS

27. Appeal to Supreme Court.

PART VII

MISCELLANEOUS

28. Fees.

29. Offences.

30. Indemnity of officers.

31. Regulations.

25 of 1979,

5 of 1984,

3 of 1987.

SI 77 of 1987,

6 of 1990.

[Date of commencement: 1st July 1979]

PART I

PRELIMINARY AND APPLICATION

1. Short title.

This Decree may be cited as the Adjudication of Title Decree.

2. Interpretation.

"adjudication area" means an area to which this Decree has been applied under section 4;

"adjudication officer" means an adjudication officer appointed under section 5;

"adjudication record" means the adjudication record prepared in accordance with section 20 in respect of an adjudication section;

"charge" bears the meaning ascribed to that word by the Land Registration Act;

"Registrar of Deeds" bears the meaning ascribed to the term by the Mortgage and Registration Act;

"demarcation map" means a demarcation index map prepared under section 15 in respect of an adjudication section;

"demarcation officer" means a demarcation officer appointed under section 5;

"diagram" has the meaning given by section 2 of the Land Survey Act;

"easement" bears the meaning ascribed to that term by the Land Registration Act;

"guardian" means any person appointed under the Civil Code of Seychelles responsible for protecting the interest of any person who is under a disability, whether by reason of age, unsoundness of mind or any other cause;

"interest in land" means any right or interest in or over land which is capable of being recorded under the provisions of Land Registration Act;

"land" includes land covered with water, all the things growing on land, buildings and other things permanently affixed to land;

"parcel" means an area of land separately shown on demarcation map and thereon given a number;

"recording officer" means a recording officer appointed under section 5;

"the register", "to register", "registered" and "registration" bear the meanings ascribed to those terms by the Land Registration Act;

"survey officer" means a survey officer appointed under section 5.

3. Application.

Nothing in this Decree shall affect or shall be capable of affecting any land or any interest in land registered under the Land Registration Act, not being land which is so registered by virtue of the operation of this Decree.

4. Declaration of adjudication area.

(1) Whenever it appears expedient to the Minister that the adjudication and registration of rights and interest in land in any area should be effected, the Minister may, by order published in the Gazette, declare that this Decree shall apply to that area and thereupon that area shall become an adjudication area.

(2) Any order under this section shall define the situation and limits of the adjudication area to which it relates either by means of a plan or by description, or by both, and the Minister may at any time, or by order published in the Gazette, vary the limits of an adjudication area.

PART II

OFFICERS

5. Appointment and powers of officers.

(1) Whenever an order made under section 4 is published the Minister shall appoint an adjudication officer for the adjudication area it declares and such demarcation officers, recording officers, and survey officers as may be necessary for performing the duties and exercising the powers and conferred upon them by this Decree in relation to such area.

(2) The adjudication officer shall, subject to the directions (whether general or special) of the Minister, be in charge of the adjudication under this Decree of rights and interest in land in the area for which he is appointed and may issue such general or special directions as he thinks necessary to the other officers appointed under subsection (1) for such area, and may himself perform and exercise all or any of the duties given under this Decree to demarcation officers and recording officers.

(3) The adjudication officer shall be competent to administer oaths and take affidavits in any enquiry made by him and to issue summons, notices or orders requiring the attendance of such person or the production of such documents as he may consider necessary for carrying out the adjudication.

(4) A demarcation officer or survey officer may at any reasonable time enter upon any land within the adjudication area for the purpose of demarcating or surveying any parcel therein and may summon any person who can give information regarding the boundaries.

(5) An adjudication officer, a demarcation officer and a survey officer appointed under subsection (1) shall be deemed to be a Government surveyor in terms of the Land Survey Act.

PART III

CLAIMS AND DEMARCATION

6. Division into adjudication sections.

The adjudication officer shall divide each adjudication area into two or more adjudication sections or declare the whole area to be a single adjudication section, and shall give each such adjudication section a distinctive name.

7. Notice of adjudication section.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.

Please click here to login