A Game of Titles: The effectiveness of the Implementation of the current Land Title Registration programme under the Registration of Titles Act No. 21 of 1998 in Sri Lanka

Abstract

A definite title to one’s land is essential before one can reap the full benefits of such land. In order to obtain a definite title to a land, a landowner must register such land legally in order for him to fully enforce his rights to such land. The law relating to the registration of lands in Sri Lanka at present is governed under the law relating to ‘registration of deeds’ system in the Registration of Deeds Ordinance 1927 Sri Lanka. However, this system of registration of lands is fundamentally flawed and therefore was replaced with ‘registration of title’ system by the Registration of Titles Act No 21 of 1998. The land registration programme, popularised as ‘Bim Saviya’ was the programme implemented under this Act entrusted with the main task of registration of lands in Sri Lanka and issuing title certificates to such lands. However, this programme, ever since its implementation has shown a very slow progress in the registration of lands in Sri Lanka. The objective of this study is to analyse the current land title registration programme in Sri Lanka in order to ascertain its effectiveness in registering lands and issuing title certificates to lands. The research uses a mixed approach of analysing both doctrinal and nondoctrinal data pertaining to this area, the non-doctrinal approach will analyse quantitative data collected so as to identify the loopholes in the present land registration programme implemented under the Title Registration Act and thereby to provide effective solutions to the slow procedure in land title registration.