LAND TITLING:

PRINCIPLES & PRACTICES –

A CASE STUDY FROM KERALA

Dr.D Sajith Babu

National Centre for Land Governance,

Institute of Management in Government,

Government of Kerala,

Trivandrum -695038

sajith.nclg@gmail.com

Genesis of land administration

State of Kerala was formed on 01.11.1956 as per The States Re-organizationAct, 1956 Act No. 37 of 1956 [31st August, 1956] by unification ofTravancore, Cochin & Malabar regions

At the time of unification, the Travancore had 760 sub tenures under 7 majortenures and situation was more or less the same in Cochin & Malabar

The “Homestead” type of settlements flourished since early times in Keralaowing to;

a. Rich and diversified soil types

b. Salubrious climate for healthy living

c. Natural barriers ensures protection from invasions and attacks

d. Patrilineal joint family system and non- partible inheritance

Genesis of land administration [Contd…]

“Protection charges” to local chieftains was the only type of payment to outside the homesteads

With Aryanisation the entire land came under three tenures;tenures;

a. Brahmaswom

b. Devaswom

c. Left out lands with sirkar/sovereign

Only the lands under “c” were assessed with taxes on land by the Government

Modern day land administration on Revenue perspective

• The unparallel hierarchical structure

• Separate administrative mechanisms for registration and revenue

• Non existence of agricultural and non-agricultural area demarcationdemarcation

• Non existence of “Rights” granting regulations

• Dual tax collection on same piece of land

• Non existence of regulations to accommodate flats in the revenue records

Modern day land administration on survey perspective

• Confusion about the extent of cadastral limit

• Confusion about the tenures and types of land

• Confusion about the priority

• Confusion about the instruments and methodology

“Jigsaw Puzzle”

Tenure

Title

Rights

Interests

Government PrivateLand Tenures

Conditional Freehold in private

Conditional Leasehold in private & Government

Land Titles

“Jigsaw Puzzle”

Tenure

Title

Rights

Interests

Rights of the presumptive title holder

• Right to hold or possess the land solely or jointly

• Right to peacefully enjoy or use without causing injury to others

• Right to dictate use terms with tenants, share croppers, lessees etc.

• Right to expel the unauthorized from the premises

• Right to derive benefits

• Right to make improvements above and below ground after obtaining required permission from appropriate Government/Department[s]

• Rights of residual nature• Rights of residual nature

• Right to alienate/sell temporarily or permanently and/or full or partial

• Right to inherit the rights

• Right to avert exploitation of land

• Right to extract surface and sub surface minerals after obtaining required permission from appropriate Government/Department[s]

• Right to extract underground and surface water etc. after obtaining required permission from appropriate Government/Department[s]

Rights of the Government

• Right of royalty for minerals which are present subjacent to the land

• Right of resuming the land back to the Government if the land is abandoned or escheated or used for any other purpose other than for which it was assigned on registry or lease.

• Right of attaching the property if the dues to Government are not paid in time

• Right of granting or rejecting permits and licenses; if any activity other than original activity for which the land is assigned is undertaken at the assigned site

• Right of Government on all hidden items below/above ground which value more • Right of Government on all hidden items below/above ground which value more than Rs.25.

• Right on every trees for which the tree value is not paid by the assignee at the time of assignment.

• Rights over every royal tree like Teak, Blackwood, Ebony and Sandalwood growing in private lands which has a girth of more than 90 cm at the chest height.

• Right of entering the premises without permission for the purpose of survey and demarcation of the adjoining lands.

• Right of use for laying waterlines, gas lines, electricity lines etc. for the interest of public at large.

“Jigsaw Puzzle”

Tenure

Title

Rights

Interests

Types of interests on land

Competing interest

Overlapping interestOverlapping interest

Complementary interest

Overriding interest

THE LAND SETTLEMENT AUTHORITIES ACT, 2015( ----- of 2015)

An Act to constitute land settlement authorities to provide “freehold” enjoyment of landed properties within the jurisdiction of the State and settling land related disputes with the Government to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to ensure systems that

promotes justice on a basis of equal opportunity.

Chapter IChapter I

Preliminary

Short title, extent and commencement;(1) This Act may be called the Land Settlement Authorities Act, 2015(2) It extends to the whole of the State (3) It shall come into force on such date of notification in the Gazette by the State Government

Thank youThank youThank youThank you

Dr.D Sajith BabuNational Centre for Land Governance, Institute of Management in Government, Government of Kerala, Trivandrum -695038sajith.nclg@gmail.com09447271243