Law of Property, Land Registration and Title
What the exam tests
This domain covers ownership, possession, servitudes, mortgages, leases and the two Sri Lankan land registration systems: deed registration under the Registration of Documents Ordinance No. 23 of 1927 and title registration under the Registration of Title Act No. 21 of 1998. The Prescription Ordinance No. 22 of 1871 also matters.
Core rules
- Title to land may pass by notarially attested deed, but priority and enforceability against third parties depend on registration. Under deed registration, the registry search and the date of registration are central.
- Under the Registration of Title Act, the title certificate is prima facie or conclusive evidence of title, subject to statutory exceptions and fraud. Transfers, mortgages and leases of registered land must be registered.
- Prescriptive title may arise from uninterrupted adverse possession for the statutory period; it must be pleaded and proved.
- Servitudes, easements and leasehold interests require careful description; a lease for a term must satisfy formalities and registration rules.
- A mortgage over land is created by notarial deed and requires registration.
Worked example
A agrees to buy land from B. The notary searches the land registry and finds B's deed registered, but also an earlier mortgage affecting the land. Registration and encumbrance rules determine whether the buyer takes free of it. The notary should not proceed until the mortgage is discharged or the buyer accepts the risk with full advice. For registered title, the title certificate must also be checked.
Traps
Relying on possession alone; ignoring an old deed in the chain; assuming registration cures a forged deed; missing prescription; and describing boundaries only by neighbouring names.