THE LAND ACT 1999 Arrangement of Sections - FAO

1 THE land ACT 1999 . Arrangement of Sections section Title PART I. PRELIMINARY. I. Short title and commencement. 2. Interpretation. PART 11. FUNDAMENTAL PRINCIPLES OF land POLICY. 3. Fundamental principles of National land policy PART III. CLASSIFICATION AND TENURE OF land . 4. All land vested in the President as trustee. 5. 6. Categories of reserved land . 7. Declaration of hazardous land . PART IV. ADMINISTRATION.. 8. Ministers responsibilities. 9. Appointment of Commissioner for Lands. 10. Functions of Commissioner. 11. Appointment of officers.. 12 land Allocation Committees. I. No. 4 land 1999 . 13. Information from the Commissioner to members of the public. 14. Functions and roles of local government authorities under this Act.. 15 Conflict of interests.

2 16. Protection of officers. 17. National land Advisory Council. 18. Inquiries. PART V. RIGHTS AND INCIDENTS OF land OCCUPATION. 19. Rights to occupy land . 20. Occupation of land by non citizen restricted. 21. Ceiling on land occupancy. 22. Incidents of granted rights of occupancy. 23. Residential licence and its incidents. PART VI. GRANTED RIGHTS OF OCCUPANCY. Sub-Part 1. Grant of right of occupancy 24. Application of this Part. 25. Procedure for application for right of occupancy. 26. Determination of application by Commissioner. 2.. No. 4 land 1999 . 27. Offer of a right of occupancy. 28. Acceptance of offer of right of occupancy. 29. Grant of right of occupancy. 30. Registration of letter of offer. Sub-Part 2. Conditions on right of occupancy 31.

3 Payment of premium on grant of right of occupancy. 32. Length of term of right of occupancy. 33. Rent.. 34. Conditions. 35, Change of use. Sub-Part 3. Disposition of right of occupancy 36. General provisions as to dispositions. 37. Approval for dispositions. 38. Supervisory power over dispositions. 39. Application for grant of approval for disposition. 40. Reconsideration of application for approval for disposition. 41. Criteria for determining application for grant of consent to a disposition. 3. No. 4 land 1999 . 42. Power to surrender right of occupancy. 43. Procedure for surrender of right of occupancy. Sub-Part 4. Breach of conditions of right of occupancy 44. When breach of condition of right of occupancy . arises. 45.. Liability to revocation for breach of condition.

4 46.. Fine for breach of condition. 47.. Summary action to remedy breach of condition. 48. Action to enforce revocation of right of occupancy. 49. Revocation and its effects. 50. Summary proceedings for recovery of rent. 51. Abandonment of land held under a right of occupancy. Sub-Part 5. Auctions of right of occupancy 52. Auction and tenders for rights of occupancy. 4.. No. 4 land 1999 . PART VII. CONVERSION OF INTERESTS IN land . Sub-Part I. 53. Validation of certain dispositions completed before the coming into operation of this Act. 54. Effect of non-application fort certificate of validation. 55. Validated derivative right where certificate of validation not applied for. 56. Application of Sections 56 to 60. Sub-Part 2. Regularisation of interests in land 57.

5 Purpose of and criteria for declaration of scheme of regularisation. 58. Determination of whether to declare a scheme of regularisation. 59. Procedure for declaring a scheme of regularisation. 60. Content of scheme of regularisation. 5. No. 4 land 1999 . PART VIII. DISPOSITIONS AFFECTING land . Sub-Part 1. General 61. Dispositions and dealings affecting land . 62. Instruments of disposition. 63. Execution of instruments in writing. 64. Writing required for enforcement of contracts relating to land . 65. Person may make disposition to himself 66. Covenants to be implied in certain instruments. 67. The implied covenants. Sub-Part 2. Dispositions to prejudice creditors 68. Purpose of this Sub-Part. 69. Prejudicial dispositions. 70. Dispositions to prejudice creditors may be set aside.

6 71. Protection of persons receiving land under a prejudicial disposition. 72. Application of this Sub-Part to customary dispositions. 6. No. 4 land 1999 . Sub- Part 3. Sale of right of occupancy 73. Regaining possession of land after concluding contract for sale of right of occupancy. 74. Procedure for obtaining Order of possession. 75. Relief against rescission of contract for sale of right of occupancy. 76. Purchaser of right of occupancy may seek relief against performance of contract to assign. PART IX. LEASES. Sub-Part 1. General 77. Application of this Part. 78. Power to lease right of occupancy. 79. Periodic leases. 80. Short term leases. 81. Leases terminating on the occurrence of a future event. 82. Lessee remaining in possession after termination of lease without consent of lessor.

7 83 Future leases. 7. No. 4 land 1999 . 84. Lessor's consent to dealing with leases. 85.. Notice by joint occupiers. 86. Sublease for term the same as or longer than term or head lease. 87. Surrender to enable new head lease to be entered into not to affect sublease. Sub-Part 2. Covenants, conditions and powers implied in leases 88. Covenants implied in leases on part of lessor. 89. Covenants implied in leases on part of lease. 90. Application of covenants to customary leases. 91. Meaning of reference to the ''usual covenants''. 92. 44, Meaning of in reasonable state of repair, 93. Consent by lessor to application by lessee under lease. Sub-Part 3. Transfers, assignments and transactions 94. Merger of lessor's interest not to affect remedies.

8 95. Burden and benefit of covenants to run with the . reversion. 96. Effect of payment by lessee to assignor of . reversion. 8. No. 4 land 1999 . 97. Transferor or assignor of lease released from liability to pay rent and observe covenants thereafter. 98. Transferee or assignee as lessee. Sub-Part 4. Remedies and Relief 99. Application of this Sub-Part to non-customary leases. 100. Application of this Sub-part to customary leases. 101. Abolition of determination of lease by re-entry or forfeiture. 102. Abolition of distress for rent. 103. Termination of lease for non-payment of rent or breach of covenant. 104. Notice of intention to terminate a lease for breach of covenant. 105. Notice of intention to terminate a lease for breach of covenant other than to pay rent.

9 106. Consequential provisions relating to notices under Sections 105 and 108. 107. Application for relief 108. Powers of court with respect to order for termination and relief thereto. 9. No. 4 land 1999 . 109. Remedies of lessor and lessee for breach of covenant. 110. Unlawful eviction. PART X. MORTGAGES. Sub-Part I. General Ill. Application of this Part to mortgages 112. Power to create mortgages. 113. Application of this Part to customary mortgages. 114. Small mortgages. 115. Mortgage of land to take effect as charge only. 116. Priority. 117. Tacking. 118. Consolidation. 119. Variation of a mortgage. Sub-Part 2. Discharge of mortgage 120. Right to discharge. I. 121. Transfer of mortgage 122. Lender's consent to transfer. 10. No.

10 4 land 1999 . Sub-Part 3. Covenants, conditions and powers implied in mortgage. 123. Implied covenants by the borrower. 124. Foreclosure abolished. 125. Remedies of the lender. 126. Lender's action for money secured by mortgage. 127 Appointment, powers, remuneration and duties of . receiver. 128. Lender's power of leasing. 129. Power of lender to take possession of mortgaged land . 130.. Withdrawal of lender from possession. 131. Lender's power of sale. 132. Duty of lender exercising power of sale. 133. Powers incidental to power of sale. 134. Protection of purchaser. 135. Sale by lender to himself. 136. Application of proceeds of sale of mortgaged land . 137. Right of borrower to discharge mortgage on payment of sums due any time before sale.