Land Adjudication Act (Act No. 16 of 1975)

LAWS OF ANTIGUA AND BARBUDA Land Adjudication (CAP. 234 1 CHAPTER 234 THE LAND ADJUDICATION ACT Arrangement of Sections Section PART I Preliminary and Application 1. Short title. 2. Interpretation. 3. Application. PART Off' 4. Appointment and general powers of PART Claims and Demarcation Adjudication sections. Notice by Adjudication Officers. Staying of land suits. Claims and attendances. Safeguarding of rights of absent persons and minors. Notice of demarcation and recording. Indication of land claimed. Special powers of Demarcation Officer. Duties of the Survey Officer. Duties of the Recording Officer. Disputes. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. II officers. III LAWS OF ANTIGUA AND BARBUDA 2 CAP. 234) Land Adjudication PART IV Principles of Adjudication and Preparation of Adjudica tion Record 16. Principles of adjudication etc. 17. Rules to be followed in adjudication. 18. Adjudication Record. 19. Notice of completion of adjudication record. PART V Objections and Finality 20. Petition against the adjudication record. 21. Procedure in hearing petitions and disputes. Correction of Adjudication Record. 23. Finality of Adjudication Record. 24. Appeal. PART VI Miscellaneous 25. Fees. 26. Offences. 27. Indemnity of officers. 28. Regulations. 22. LAWS OF ANTIGUA AND BARBUDA Land Adjudication (CAP. 234 3 LAND ADJUDICATION ( 1 9th September, 1975 .) PART I Preliminary and Application This Act may be cited as the Land Adjudication Act. 2. In this Act, except where the context otherwise "adjudication area" means an area to which this Act has been applied under section 3; "Adjudication Officer" means an Adjudication Officer appointed under section 4; "adjudication record7' means the adjudication record prepared in accordance with the provisions of section 18 in respect of an adjudication section; "adjudication section" means an adjudication section declared under section 5; "Court" means the High Court; "Demarcation Officer" means a Demarcation Officer appointed under section 4; "demarcation map" means a demarcation index map prepared under section 13 in respect of an adjudication section; "guardian" means any person responsible for protect ing the interests of any person who is under a disability, whether by reason of age, unsoundness of mind or any other cause; 16/1975 1. Short title. Interpretation. requires LAWS OF ANTIGUA AND BARBUDA 4 CAP. 234) Land Adjudication in land" includes any right or interest in or over land which is capable of being recorded under the pro visions of this Act; "land" includes land covered with water, all things growing on land, buildings and other things permanently affixed to land; parcel" means a piece of land separately shown on the demarcation map and given a number; "Recording Officer" means a Recording Officer appointed under section 4; "Registrar" means the Registrar of Lands appointed Cap. 374. under the Registered Land Act; "Survey Officer" means a Survey Officer appointed under section Application. 3. (1) The Minister may by order declare that it is intended to effect the adjudication and registration of rights and interests in land within such area as is defined in the order. (2) The Minister may by order amend or revoke any order made under this section. (3) Every order made under this section shall be published in the Gazette. PART Officers Appointment and general powers of 4. (1) On or after publication of an order made under officers. section 3, the Minister shall appoint an Adjudication Officer for the adjudication area, and the Adjudication Officer may appoint such Demarcation Officers, Recording Officers and Survey as may be necessary for performing the duties and exercising the powers imposed and conferred upon them by this Act. "interest 4. II Officers LAWS OF ANTIGUA AND BARBUDA Land Adjudication (CAP. 234 (2) The Adjudication Officer shall be in charge of the adjudication and may issue such general or special direc tions as he thinks necessary to the officers appointed by him under subsection and may himself perform and exer cise all or any of the duties and powers given under this Act to the officers appointed by him. (3) The Adjudication Officer shall be competent to administer oaths and take affidavits in any enquiry made by him and to issue summonses, notices or orders requiring the attendance of such persons or production of such documents as he may consider necessary for carrying out the adjudication. (4) A Demarcation Officer or Survey Officer may at any reasonable time enter upon any land within the adjudica tion area for the purpose of demarcating or surveying any parcel therein and may summon any person who can give information regarding the boundaries of any such parcel to point out the boundaries. PART Claims and Demarcation 5 . The Adjudication Officer shall divide the sections. area into two or more adjudication sections or declare the whole area to be a single adjudication section, and shall give each adjudication section a distinctive name. 6. ( 1 ) The Adjudication Officer shall prepare a separate notice in respect of each adjudication section, and in each such notice (a) specify as nearly as possible the situation and limits of the adjudication section; declare that all interests in land will be ascer tained and recorded in accordance with the provisions of this Act; declare that any interest in land within the adjudiction section which is registered under the Title by Registration Act will be carried forward to the new register established under the Registered Land Act; (1 ), tion shall (b) (c) III adjudica- Adjudication Notice by Adjudication Officers. Cap. 429. 5 LAWS OF ANTIGUA AND BARBUDA 6 C A P . 234) Land Adjudication (d) require any person who claims any interest in land within the adjudication section to make a claim either in writing or in person or by his agent duly authorised according to law, within the period and at the place and in the manner specified in the notice: Provided that any person whose name appears in a schedule prepared in accordance with subsection (2) of this section need not make a claim in respect of the parcel of land shown against his name; ( e ) require all claimants to land within the adjudica tion section whether or not such land has been registered under the Title by Registration Act to mark or indicate the boundaries of the land claimed in such manner and before such date as shall be required by the Demarca tion Officer. (2) The Adjudication Officer shall examine such registers kept under the Title by Registration Act as he con siders relevant to land in the adjudication section and may, if he considers it advisable to do so, prepare for publication with the notice issued under subsection (1) of this section a schedule showing the name of any person having an interest in any parcel registered under the Title by Registration Act, the parcel of land concerned and the nature of the interest. (3) The Adjudication Officer (a) cause such notices and schedules, if any, to be published at the office of the Registrar of Deeds and Titles and such other offices within Antigua and Barbuda as he thinks fit; and cause the substance of such notice and schedule, if any, to be made known throughout the adjudication area and elswhere in such manner as he considers to be most effective for the purpose of bringing it to the attention of all persons affected thereby. Staying of land suits. 7. (1) Except with the consent in writing of the Adjudication Officer, no action claiming an interest in land or rights to land in an adjudication section shall be begun in any civil court until proceedings under this Act have been completed. shall (b) LAWS OF ANTIGUA AND BARBUDA Land Adjudication (CAP. 234 7 (2) Upon the application of any party interested in the subject matter of an action claiming an interest in land or rights to land in an adjudication section instituted before the publication of the notice mentioned in section 6, the Court may stay the hearing of such action and refer it to the Adjudication Officer. 8. (1) Every person claiming any land or interest in land within an adjudication section shall make his claim in the manner and within the period fixed by the notice given under section 6. (2) Every person whose presence is required by the Adjudication Officer, Demarcation or Recording Officer, as the case may be, shall attend in person or by agent at the time and place specified. (3) If any such person fails to attend in person or by agent after written notice has been given, the demarcation, recording or other proceeding may continue in his absence. 9. (1) If the Adjudication Officer, Demarcation rights of absent Officer or Recording Officer is satisfied that any person who has not made a claim has a claim to any interest in land within the section the Adjudication Officer, Demarcation Officer or Recording Officer may, in his discre tion proceed as if a claim had been made, and may call upon the Registrar of Deeds and Titles to supply him with a cer tified copy of any document of title relevant thereto. (2) If the Adjudication Officer, Demarcation Officer or Recording Officer has reason to believe that a minor has a claim to any interest in land and such minor has no per son to represent him, the Adjudication Officer, Demarca tion Officer or Recording Officer, as the case may be, shall appoint a person to represent such minor and shall proceed as if a claim had been made. (1) Not less than seven clear days before the demarcation of land in an adiudication section is the Demarcation Officer shall give notice of the intended demar cation in that section, and of the time and place at which it will begin, in such manner as the Adjudication Officer Officer adjudication 10. begun, Claims and attendances. Safeguarding of persons and minors. Notice of demar~ation and record1n1r. LAWS OF ANTIGUA AND BARBUDA 8 CAP. 234) Land Adjudication shall deem to be most likely to bring the matter to the knowledge of the persons to be affected by that demarcation. (2) Such notice shall require every claimant to indicate the boundaries of the land affected by his claim in the man ner specified in the notice. Indication of land claimed. Subject to any general or particular directions issued by the Adjudication Officer, the Demarcation Officer shall within each adjudication (a) see that the boundaries of each piece of land, which is the subject of a claim, are indicated or demar cated in accordance with the requirements of the notice given under section 10; (b) indicate or cause to be indicated the boundaries of (i) public roads, public rights of way and other Crown Land and (ii) waste or unclaimed land. powers (1) The Demarcation Officer Demarcation Officer. (a) divide the adjudication section into blocks which shall be given distinctive numbers or letters or combina tions of numbers and letters; (b) with the consent of the owners concerned, adjust the boundaries of any land in the adjudication section or re-allot the same to ensure the more beneficial occupation thereof or to effect a more suitable sub division thereof; (c) make any reservations he considers necessary for the purposes of defining existing roads and paths or for the better drainage of any land; make a declaration of such existing rights of way over any land in the adjudication section and may direct the manner in which such rights of way are to be exercised and in such case he shall direct that such rights of way be recorded in the adjudication record in respect of the dominant land and the servient land; 11. section Special of 12. may (d) LAWS OF ANTIGUA AND BARBUDA Land Adjudication (CAP. 234 (e) award such compensation as may to him appear just to any person who has suffered loss of land as the result of any adjustment of boundaries or the partition or re-allotment of any land or the declaration of any rights of way and may make an order directing by whom such compensation shall be paid: Provided that any award may be the subject of a petition under section 20; determine the proportion in which the expenses of any partition shall be borne by the persons interested therein and make an order accordingly; make an order as to costs not exceeding one hundred dollars. (2) Any order for the payment of compensation, expenses or costs made against the owner of any land shall create a debt to be charged on such land which shall have priority over all other debts except rates and taxes relating to the land and due to the Government. 13. Subject to any general or particular directions issued by the Adjudication Officer, the duties of the Survey Officer shall be ( a ) to carry out such survey work as may be required in the execution of the adjudication process; to prepare or cause to be prepared a demarca tion index map of the adjudication section which shall be compiled from survey data or aerial photographs on which shall be shown every separate parcel of land iden tified by a distinguishing number, except that public roads shall not be required to be identified by a number. 14. The Recording Officer shall consider all claims to any interest in land and after such investigation as he considers necessary shall prepare in accordance with the pro visions of section 18 a record in respect of every parcel of land shown on the demarcation map. 15. in any case- Disputes. ( a ) there is a dispute as to any boundary whether indicated to the Demarcation Officer or demarcated or (j) (g) (b) (1) If Duties of the Survey Officer. Duties of the Recording Officer. 9 LAWS OF ANTIGUA AND BARBUDA 10 CAP. 234) Land Adjudication readjusted by him, which the Demarcation Officer is unable to resolve; or (b) there are two or more claimants to any interest in land and the Recording Officer is unable to effect agreement between them, the Demarcation Officer or the Recording Officer as the case may be shall refer the matter to the Adjudication Officer. (2) The Adjudication Officer shall adjudicate upon and determine any dispute referred to him under subsection having due regard to any law which may be applicable, and shall make and sign a record of the proceedings: Provided that nothing in this section shall empower the Adjudication Officer to vary any interest in land registered under the Title by Registration Act. PART IV Principles of Adjudication and Preparation of Adjudication Record Principles 16. In preparing the adjudication adjudication etc. (a) if the Recording Officer is satisfied that a person (i) is in open and peaceable possession of a parcel of land other than a parcel which is Crown Land and has been in such possession, by himself or his predecessors in title, for an uninterrupted period of twelve years or more; or (ii) has a good documentary title to the parcel and that no other person has acquired or is in course of acquiring a title thereto under any law relating to prescription or limitation, and that he would succeed in maintaining and defending such possession or title against any other person claiming the land or any part thereof, the Recording Officer shall record that person as the owner of the parcel and declare his title to be absolute; (1 ), of (1) record LAWS OF ANTIGUA AND BARBUDA Land Adjudication (CAP. 234 11 if the Recording Officer is satisfied that any land is entirely free from private rights, or that the rights existing in or over it do not amount to full ownership and are not such as to enable him to proceed under paragraph of this subsection, he shall record the land as Crown Land; (c) if the Recording Officer is satisfied that any land is subject to any right which is registrable as a lease, charge, easement, profit or restrictive agreement under the Registered Land Act he shall record such particulars as shall enable the right and the name of the person entitled to the benefit thereof to be registered, and if such right is registered under the Title by Registration Act, he shall record such particulars as appear in the register; (d) if the Recording Officer is satisfied that a per son is in possession of or has a right to a parcel but is not satisfied that such person is entitled to be recorded under paragraph (a) of this subsection as the owner of the parcel with absolute title, the Recording Officer may nevertheless record that person as the owner of the parcel and declare his title to be provisional and shall (i) the date on which the possession of that per son shall be considered to have begun; (ii) particulars of any deed, instrument or other document by virtue of which some estate, right or interest adverse to or in derogation of the title of that person might exist; or (iii) any other qualification which affects the title. (2) For the purpose of this (a) a person is deemed to be in possession of land if he does not acknowledge the title of any other person to that land and by himself, his agent, tenant or ser vant, has the use of the land to the exclusion of the public; "good documentary title" means a title registered under the Title by Registration Act, or a title evidenced by documents which establishes that a per son is entitled to land in fee simple and commencing (b) (d) record section (b) LAWS OF ANTIGUA AND BARBUDA 12 CAP. 234) Land Adjudication with a grant, conveyance, assignment or mortgage which is more than twelve years old. (3) The Recording Officer shall follow the rules laid down in section Rules to be followed in 17. (1) All waste and unoccupied land shall be adjudication. deemed to be Land until the contrary is proved. ( 2 ) The exercise by any person of any rights in or over one or more pieces of land shall not be taken as a presump tion in his favour of any rights in or over any greater extent of land than that in or over which such rights are exercised. (3) Possession or receipt of rents and profits by any per son through whom a claimant derives his title shall be deemed to have been the possession or receipt of rents and profits of the claimant. (4) Where from the relationship of the parties or from other special causes it appears that the person in possession of land is or was in possession on behalf of another, his posses sion shall be deemed to be or to have been the possession of that other. (5) Where two or more persons have rights which will entitle them to be registered as joint proprietors or proprietors in common under the Registered Land Act, the Recording Officer shall record such persons as joint owners or owners in common, as the case may be, and if owners in common the share of each such owner. (6) A receipt shall be given by the Recording Officer for all documents produced by a claimant and retained. Adjudication Record. 18. ( 1 ) The adjudication record shall consist of a form in respect of each parcel of land, which form shall ( a ) the number and approximate area of the parcel as shown in the Demarcation Map; (b) either the name and description of the person entitled to be registered as the owner of the parcel with particulars of the manner in which that person acquired 17. Crown show LAWS OF ANTIGUA AND BARBUDA Land Adjudication (CAP. 234 13 that parcel and of any restriction on his power of deal ing with it, or the fact that the parcel is Crown Land; particulars of any right registrable under the Registered Land Act as shall enable it to be registered as a lease, mortgage, charge, easement, profit or tive agreement, as the case may be, affecting the parcel together with the name and description of the person entitled to the benefit thereof and particulars of any restriction on his power of dealing with it; (d) if any person shown in the adjudication record is under a disability, whether by reason of age, unsound ness of mind or otherwise the name of his guardian; ( e ) a list of the documents, if any, produced, to the Recording Officer and retained by him for the pur pose of the date on which the form is completed. (2) When completed the form shall be signed by the Recording Officer and, in the case of privately owned land, shall, where possible, include an acknowledgement signed by the owner of the parcel and by any person recorded under the provisions of subsection (1) as having an interest in such parcel that such owner and every such person accepts the record. 19. When the adjudication record in respect of any adjudication section has been completed, the Adjudication Officer shall sign and date a certificate to that effect and shall forthwith give notice of the completion thereof and of the place or places at which the same can be inspected together with the demarcation map. PART V Objections and Finality 20. The Minister or any person named in or affected by the adjudication record or demarcation map who con siders such record or map to be inaccurate or incomplete in any respect or who is aggrieved by any act or decision of the Demarcation Officer or Survey Officer or by any entry (c) such adjudication; (f) (c) restric- Notice of completion of adjudication record. Petition again1t the adjudication record, LAWS OF ANTIGUA AND BARBUDA Procedure in hearing petitions and disputes. Correction of Adjudication Record. Finality of Adjudication Record. CAP. 234) Land in or omission from the adjudication record by the Record ing Officer may, within ninety days of the day upon which notice of completion of the adjudication record is published, petition the Adjudication Officer in respect of the act, deci sion, entry or omission concerned, and the petition shall be heard and determined by the Adjudication Officer: Provided that nothing in this section shall empower the Adjudication Officer to vary any interest in land registered under the Title by Registration Act. In hearing a petition under Section 20 or a dispute under Section 15 the Adjudication Officer shall, so far as may be practicable follow the procedure directed to be observed in the hearing of civil suits save that in his absolute discretion he may admit evidence which would not be admissible in a court of law and may use evidence adduced in any other claim or contained in any official record and may call evidence of his own motion. 22. At any time before the adjudication record becomes final, the Adjudication (a) may correct in the record any error or omis sion not materially affecting the interest of any persons; and after taking such steps as he thinks fit to bring to the notice of every person whose interest is affected his intention to make any material alteration in the record which he considers necessary, and after giving such person an opportunity to be heard, may make such alteration: Provided that nothing in this section shall empower the Adjudication Officer to make any alteration which has the effect of varying any interest in land registered under the Title by Registration Act. 23. After the expiry of ninety days from the date of publication of the notice of completion of the adjudication record or on determination of all petitions presented in accordance with section 20, whichever shall be the later, the adjudication record shall, subject to the provisions of the Registered Land Act become final and the Adjudication Officer shall sign a certificate to that effect and shall deliver 14 Adjudication 21. Officer (b) LAWS OF ANTIGUA AND BARBUDA Land Adjudication (CAP. 234 15 the adjudication record and the demarcation map to the Registrar together with all documents received by him in the process of adjudication. 24. (1) Any person, including the Minister, who is aggrieved by any act or decision of the Adjudication Officer and desires to question it or any part of it may within two months from the date of the certificate of the Adjudication Officer under section 23 or within such extended time as the Court, in the interests of justice, may allow, appeal to the Court in the prescribed form. (2) O n any such appeal the Court may make such order or substitute for the decision of the Adjudication Officer such decision as it may consider just and may under the provi sions of the Registered Land Act order rectification of the register. (3 ) A decision of the Court on appeal under subsection (1) shall be in writing and copies of it shall be furnished by the Court to the Registrar, to the appellant and to all other parties who, in his opinion, may be affected by the appeal. (4) Any person, including the Minister, appealing under subsection (1) shall give notice to the Registrar of his inten tion to appeal and the Registrar shall enter a restriction under the provisions of the Registered Land Act in every register affected by the appeal. PART VI Miscellaneous 25. Every person who is a party to any proceedings before the Court shall be required to pay such fees in respect of the proceedings as may be prescribed. 26. Any person who (a) having been served with a summons issued under the provisions of this Act, wilfully neglects or refuses to attend in pursuance of such summons, or to Appeal. Fees. Offence1, LAWS OF ANTIGUA AND BARBUDA 16 CAP. 234) Land Adjudication produce any document which he is required to produce; or wilfully neglects or refuses to answer upon oath or otherwise any question which may lawfully be put to him by any officer; or (c) without reasonable cause, wilfully neglects or refuses to indicate his land or to assist in the demarca tion of his land when required to do so by a Demarca tion Officer, shall be guilty of an offence and liable on summary convic tion to a fine of seven hundred and fifty dollars and to imprisonment for three months. Indemnity of officers. 27. No officer referred to in this Act shall be liable to any action or proceedings for or in respect of any act or matter in good faith done or omitted to be done in exercise or supposed exercise of the powers conferred by this Act or any regulations made thereunder. Regulations. 28. The Minister may make regulations for the pose of carrying into effect the provisions and purposes of this Act. (b) pur