Title registration - A new system replacing Deed registration of property

The new system requires a clear understanding to meet the challenges which arises when transforming from one system to another.

The Registration of Title Act of 1998 (RTA) replaces deeds registration with registration of title to lands in areas where its application has been introduced by Gazette. Under this new system, ownership of land is based on a Certificate of Title.

The main objective of title registration is to grant government guaranteed land title to private landowners. A system of stable property rights without labour intensive searches enhances the credibility and marketability of lands. This is a great incentive to entrepreneurs and the private sector, which is the backbone of the economy of our country. It is also the main purpose for which the Act is implemented.

The process of title registration, which has now picked up momentum under the Bim Saviya program of Lands and Land Development Ministry, includes the issuing of Cadastral maps for blocks of land and the issuing of Title Certificates replacing deeds at the cost and expense of the government. This new system will soon apply to lands in Colombo and several other districts.

In keeping with the need to educate and inform the public on this important aspect of land registration, an interactive seminar on ‘Registration of Title to Property’ has been organized by the Alumni Association of the International Development Law Organization with the collaboration of Lands and Land Development Ministry and the Justice Ministry on Friday, October 30, 2009 at the auditorium of Excel World at 338, T.B. Jayah Mawatha, Colombo 10 from 8.30 a.m. to 4.00 p.m. It will be useful for government officials involved in policy making in land governance, lawyers, notaries, land owners, bankers, insurers and corporate representatives.

The deadline for registration for the seminar is Tuesday, October 27, 2009. Presentations will be made by eminent Resource Personnel having knowledge and expertise on the subject. Topics that will be discussed at this seminar include: What is Registration of Title?

Why is it introduced to developing nations with a government undertaking to protect private land rights in contrast to the deed registration system? The process, procedure of Title Registration and the need for connected cadastral maps; Title Registration and benefits of insurance of title; Experiences of other countries; Main features of the Registration of Title Act (RTA) of Sri Lanka, the proposed amendments and regulations.

Presentations, including pre recorded ones, will be made by a panel including; Prof. J. David Stanfield, PhD, Land Tenure Specialist, University of Wisconsin, USA; P.M.P. Udayakantha, Senior Assistant Secretary, Ministry of Lands and Land Development; Ranjith Dayananda, Asst. Registrar General Titles, Ms. Joyce Palmer, University of Oklahoma, College of Law, USA; Ms. Kirthimala Gunasekera, Attorney-at-Law; Nihal Jayamanne, President’s Counsel and K. Neelakandan, Partner Law Firm M/s. Murugesu and Neelakandan.

The organizers of the seminar have also arranged a panel discussion chaired by A. R. Surendhran P.C., with the participation of the resource persons and other eminent professionals focusing on important land issues; such as fraudulent land transactions and the rights of actions available for victims of fraud, issues requiring special consideration in future land transactions including the role of Notaries, etc. Prospective participants have the opportunity to send in their questions for the panel addressed to the Organizers Alumni Association of IDLO.

The International Development Law Organization (IDLO) headquartered in Rome, Italy is an inter-governmental non-political organization established in 1983, which seeks to strengthen the rule of law and good governance in developing countries and countries in transition.

The Alumni Association in Sri Lanka has among its members, judges, lawyers and officers from both the government and private sector, who have all followed various training programs at IDLO in Rome. Its mission is to strengthen the rule of law and good governance.

Further information could be obtained from the Administrative Officer of the Alumni Association of IDLO on 2829093/0776666000, by fax on 5015947 or by email [email protected].