Property Law
Property Law
This domain tests Sri Lankan land tenure, the formalities for transferring immovable property, registration and title investigation.
Core rules
- The Prevention of Frauds Ordinance No. 7 of 1840, s. 2, requires a sale or transfer of land to be effected by a notarial deed attested by two witnesses.
- The Registration of Deeds Ordinance governs priority by registration; the Registration of Title Act No. 21 of 1998 introduced title registration in declared areas.
- Land may be freehold, leasehold, State land held under permit or grant, or condominium property. The Prescription Ordinance No. 22 of 1871 allows acquisitive prescription, generally after ten years of adverse possession.
- The Partition Law and condominium legislation impose special restrictions on co-owned land and apartments.
Worked example
A co-owner purports to sell the entire land. A co-owner holds an undivided share, not the whole; the notary must identify all co-owners or limit the deed to the seller's share. If the deed transfers the whole, it is not effective against the non-selling co-owners. The reasoning is that co-ownership is undivided ownership per share, and the notary must verify title from current title documents and the register before attestation.
Traps
Accepting an unregistered prior deed as conclusive; ignoring the survey plan and access; missing State land restrictions; failing to search encumbrances; and attesting a transfer by a person whose only title is a permit.