Subdivision and Amalgamation PDF

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TOPIC: Subdivision and Amalgamation Subdivision of Land Section 135(1): The proprietor of any alienated land may sub-divide the land into two or more portions With the approval of the State Director or Land Administrator, pursuant to Chapter 1 Part 9 of the NLC. Application for Subdivision  Application for subdivision of land shall be made in writing to the Land Administrator in Form 9A and shall be accompanied by: a) such fee as may be prescribed by the respective Land Rules; b) A pre-computation plan of the land showing the details of the subdivision, together with such number of copies… c) A copy of any approval or consent required under section 136(1)(c) if necessary (from the planning authority or State Authority or authorized body) d) All such written consents to the making of the application as required under section 136(1)(e). See section 137(1)(a)(b)(c)(d). Application for Amalgamation of Land Amalgamation means, two or more contiguous lots owned by one proprietor under separate documents of title are being combined and amalgamated to become one and held by the proprietor under a single document of title. Application for amalgamation of land may be made by any person in whom two or more contiguous lots of alienated land are vested under separate Registry or Land Office title. (section 146(1)). The application is made to the State Director of Lands and Mines or the Land Administrator, as the case may be, by amalgamating those lots into one, to be held by the applicant proprietor under a single title.(section 146(1)). However, lands which are not situated in the same mukim, town or village shall not be allowed for amalgamation. (proviso to section 146). The meaning of ‘contiguous lots’ means, any two or more lots if each of them shares one boundary at least in common with another of them. (section 146(3)). The Land Administrator and the State Director of Lands and Mines may approve the application, insofar as there is no direction to the contrary by the State Authority, in which case the Land Administrator is empowered over lands which are of Land Office titles and that their amalgamated and combined area will not exceed four (4) hectares (10 acres). (section 146(2)). On the other hand, the State Director of Lands and Mines has the power and jurisdiction over application for amalgamation of lands of Registry titles and may amalgamate the lands with no restricted limit and size of combined and amalgamated areas. (section 146(2)). Conditions for the Grant of Amalgamation The provisions in regard to the conditions which are required by any proprietor to apply for the amalgamation of lands are provided in section 147. Accordingly, section 147(1) requires that the conditions for the application of sub-division, in particular the conditions set out by section 136(1)(a)-(g) have to be fulfilled. (section 147(1)). However, the condition laid in section 136(1)(c)(iii) is omitted (if the application is subject to direction of the State Authority for consent of certain bodies) and is not required to be fulfilled. (section 147(1)). Apart from the conditions as stipulated in section 136(1)(a)-(g), the applicant proprietor shall also have to obtain sanction from the State Authority, in the event, thereof occurs any circumstances as specified in section 147(2). (section 147(1)). For example where the lots to be amalgamated are all held under Land Office title, and their amalgamated and combined area will exceed four (4) hectares; and, where the said lots are held partly under Registry title and partly under Land Office title. (section 147(2)(a)(b))....