Act 16
Land Act
1998
(d) subdividing the land or a part of it, where a certificate of
customary ownership does not restrict it;
( e) creating, or with the consent of the person entitled to
the benefit, altering or discharging any easement,
right in the nature of an easement or third party
right applicable to the land or a part of it;
(f) selling the land or a part of it, where a customary
certificate of customary ownership does not
restrict it;
( g) transferring the land or a part of it to any other
person in response to an order of a court or a Land
Tribunal;
(h) disposing of the land by will.
(3) The holder of a certificate of customary ownership
who undertakes any transaction in respect of the land to which
the certificate relates shall provide the Recorder with a copy or
other accurate record of the transaction and the Recorder shall
keep all such records in the prescribed manner.
(4) No transaction referred to in paragraph (a), (c) or (f)
of subsection (3) of this section shall have the effect of passing
any interest in the land to which the transaction relates unless it
is registered by the Recorder under subsection (3) of this section.
Decree No.
17of1974.
(5) For the avoidance of doubt, where a mortgage of
land to which this section applies has been made under the
provisions of the Mortgage Decree, the mortgagee has the power
to sell and execute a transfer of that land to a purchaser in case
of default by the mortgagor.
(6). In this section "usufructuary right" means the right
to use and derive profit from a piece of property belonging to
another while the property itself remains undiminished and
uninjured in any way.
(7) A certificate of customary ownership, shall be
recognised by financial institutions, bodies and auPiorities as a
valid certificate for purposes of evidence of title.
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