Act 16
Land Act
1998
(2) Where the parties agree to subdivide the land and
become owners of individual portions of the subdivided land or
where the parties agree to become joint proprietors of the land,
they shall provide the Registrar with documentary evidence of
their agreement and certified survey plans where applicable, and
the Registrar shall( a) make the appropriate entries on the certificate of title
of the land;
( b) issue new certificates of title-to the parties;
( c) inform the Recorder of the changes that must be
made to the certificate of occupancy, including
where relevant the cancellation of the certificate.
Abandonment and
tennination
of
occupancy.
38. (I) Subject to section 28 where a tenant by occupancy
voluntarily abandons his or her occupancy( a) the right of occupancy shall lapse;
(b) the occupant may remove any structures, building
and other things placed by him or her on the land
but not dams or trees;
( c) the occupant is not entitled to any compensation for
loss of the occupancy.
(2) For the purposes of subsection (I) of this section a
person shall be taken to have abandoned his or her occupancy( a) where he or she gives notice to the registered owner of
his or her intention to abandon the occupancy; or
( b) where he or she leaves the whole of the land
unattended to by himself or herself or member of
his or her family or his or her authorised agent for
three years or more.
(3) Where the occupant proves that he or she was under
disability during any part of the period, the period of three years
shall be extended by the period during which disability
prevented the tenant by occupancy from exercising his or her
right of occupancy and there was no member of the family and
no .authorised agent who could exercise the right of occu1>.ancy
on behalf of the tenant.
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