The Doctrine of Indefeasibility of Title in Sri Lanka: A Comparative Study with The Law of The United Kingdom and Australia

Abstract

A definite title to one’s land is essential before a person 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 title registration system in Sri Lanka introduced by the Registration of Title Act No. 21. of 1998 aims to provide such secure land titles to proprietors by obtaining an indefeasible title to land. The research explores the doctrine of indefeasibility of title in Sri Lanka with special reference to the doctrine’s application in the United Kingdom and Australia. The main objective of this research has been to ascertain as to what extent the judicial and legislative developments in Sri Lanka concerning title by registration has achieved the indefeasibility of title principles that are intrinsic to the Torrens system of land registration and whether such system secures a proprietor’s title. The methodology employed uses a mix of both doctrinal research methods such as the reviewing of relevant literature, laws and policies in Sri Lanka in comparison to the United Kingdom and Australia, and empirical research methods to collect data and other information on the title registration process via the use of interviews with officials from relevant government departments. The study will then propose relevant legal and administrative solutions to counteract the obstructions that are hindering the enforcement of the doctrine of indefeasibility of title in Sri Lanka.