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. 18

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents