Introduction
The recent amendments to Decree No. 76/165 of April 27, 1976, which governs the conditions for obtaining land titles, bring significant changes to land registration procedures. These revisions, encapsulated in Articles 2, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 23, 29, 31, 34, 35, 37, 39, 41, and 43, aim to streamline processes, enhance legal clarity, and introduce measures to protect property rights. Below, we highlight the key updates and their implications.
Article 2 (New): Fraud and Invalid Land Titles
No Recourse Against Property: Individuals whose land rights have been infringed due to registration issues cannot seek recourse against the property itself but may pursue personal actions for damages in cases of fraud.
Minister’s Authority: The Minister responsible for Land Affairs can withdraw land titles issued irregularly due to administrative faults, reinstating the initial owner if applicable.
Nullification of Land Titles: Titles are void if multiple land titles are issued for the same property or if they are obtained through unlawful procedures.
Article 11 (New): Land Title Application Process
Required Documentation: Applicants must submit a stamped request with details such as their personal information, property description, and its encumbrances.
Exclusions: Applications for land that is unoccupied or undeveloped are inadmissible, redirecting such cases to the concession procedure.
Article 12 (New): Submission Process
Filing with Local Authorities: Land title applications must be submitted to the district or sub-prefect of the property’s location.
Receipt Issuance: Upon receiving the application, local authorities must provide a receipt within 72 hours and forward the file to the departmental Land Affairs office
Article 13 (New): Land Registration Publication
Public Notice: Applications are publicly posted within 15 days in multiple locations, including the town hall and the chiefdom of the village concerned.
Consultative Commission: This commission sets the date for observing land occupation or exploitation.
Article 14-15 (New): Boundary Survey and Plan
Survey Process: After boundary marking, a surveyor drafts a boundary plan, signed by relevant stakeholders, including the village chief and local residents.
Boundary Plan: This document includes detailed descriptions of the property’s limits and markings.
Article 16-18 (New): Objections and Requests for Registration of Rights
Right to Object: Interested parties can oppose or request the registration of rights during a 30-day period following the public notice.
Process for Handling Objections: Objections are handled by the land registrar or territorial authorities, ensuring proper documentation and resolutions.
Article 19-20 (New): Governor’s Decision on Land Registration
Governor’s Role: The governor may authorize the registration of land in the applicant’s name, exclude contested plots, or reject registration applications.
Appeals: Decisions made by the governor can be appealed to the Minister for Land Affairs.
Article 23 (New): Notarial Sales and Transfers
Documentation for Sales: A notary must submit a stamped request and supporting documents to the land registrar for property transfers.
Article 29 (New): Merging Adjoining Properties
Merger of Properties: Owners merging adjoining properties can obtain a new land title, ensuring all previous encumbrances are mentioned.
Article 35-39 (New): Land Title Creation and Rectification
Creating Land Titles: The land registrar creates new titles, detailing the property’s description and rights.
Rectifying Errors: Any errors in land title records can be rectified, ensuring accurate property information.
Conclusion
The amendments to Decree No. 76/165 aim to simplify and clarify the land title registration process, enhancing legal certainty and transparency. Key provisions focus on preventing fraud, establishing clear documentation procedures, and enabling stakeholders to raise objections and protect their rights. As these changes are implemented, they will significantly impact landowners, potential applicants, and legal practitioners navigating land ownership issues.
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