Act 16
Land Act
1998
(3) Where any individual member of, or family within a
community referred to in subsection (I) or otherwise wishes to own,
in his or her or their own capacity land which is held communally but
which, in accordance with customary law, is made available for the
occupation and use of that individual or household, then(a) if it is before the land held by an Association on
behalf of the community, the individual or
household may apply for a certificate of
customary ownership under section 5, or for a
freehold title under section I I, in respect of his or
her or its portion of land and the provisions of
sections 6 and 7 or, as the case may be, 12 to 15
shall apply to that application;
( b)
where the land communally owned is held by an
Association under a certificate of customary
ownership, the individual or family may apply to
the Association to transfer to him, her or it, his or
her or its portion of land and the Association shall
consider the application and take a decision in the
matter; and if the Association approves the
application the applicant may cause his or her
portion of the land to be demarcated and
transferred to the applicant and registered by the
Recorder;
( c) where the land communaJJy owned is held by an
Association under freehold title, the individual or
family may apply to the Association to transfer to
him, her or to it, his, her or its portion of land and
the Association shall consider the application and
take a decision in the matter; and if the
Association approves the application, the
applicant may cause his or her portion of the land
to be surveyed and transferred to the applicant
and registered by the Registrar.
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