~o. 11.]

[L.S.]

89

Land Adjudicat'ion Act

I ASSENT

ALLEN LEvVIS,Governor-Genera1.

8th August, IH84.

SAINT LUCIA

No. 11 of 1984

[1984.

AN ACT to provide for the adjudication of rights andinterests in land and for purposes connect-edtherewith and incidental thereto.

[ 8th August, 1984. 1

BE IT ENACTED by the Queen's Most ExcellentJlajesty, by and with the advice and consent of theParliament of Saint Lucia, and by tho authority offile same, as follows :-

PART I

PRELIMINARY AND APPLICATION

1. This Act may be cited as the Land Adjudication Short Title

Act, 1984.

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Laaul Adjudicatio» Act [1984.

Iut crprot ut.ion 2. In this Act, except where the context otherwiserequires -

"adjudication. area" means an area to which theAct has been applied under section 3 ;

"Adjudication Officer" means an AdjudicationOfficer appointed under section 4 ;

"adjudication record" means the adjudicationrecord prepared in accordance with theprovisions of section 18 in respect of anadjudication section;

"adjudication section" means an adjudicationsection doclarec t .uruler section 5 ;

"Court" means tho East Caribbean SupremeCourt;

"Demarcation Officer" means a DemarcationOfficer appointed under section 4;

"demarcation map" means H, demarcation indexmap propared under soction 13 in respect ofan adjudication section ;

"guardian" means any person responsible forprotecting tho interest of any person whois under a disability, whether by reason ofage, unsoundness of mind or any other cause;

"interest in Iand" includes any right or otherinterest in or over land which is capable ofbeing recorded under the provisions of theAct;

"Iand" includes land covered with water, allthings growing on land, buildings and otherthings permanently affixed to land;

"legal practitioner" moans a person who has beenadmitted to practise under the Legal Practi­tionors Ordinance and who is ordinarilyresident in Saint Lucia and who is for the timebeing entitled to practise at the bar;

"Minister" moans the Minister having respon­sihility for Agriculture ;

"parcel" means a piece of land separately shownon tho demarcation map and given a number;

"Recording Officer" means a Recording Officerappointed under section 4 ;

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Land Adjudication Act [1984.

" Registrar" means the Registrar of Landsappointed under the Land Registration Act,1984 ;

"Survey Officer" means a Survey Officer appointedunder section 4 ;

3.-(1) The Minister may by order declare that he Application

intends to effect the adjudication and registrationof rights and interests in land within such area as isdefined in the order.

(2) The Minister may by order amend or revokeany order made under this section.

(3) Every order made under this section shall bepublished in the Gazette.

PART II

OFFICERS

4.--(1) On or after publication of an order madeunder section 3, the Minister shall appoint anAdjudication Officer for the adjudication area, andthe Adjudication Officer may appoint such DemarcationOfficers, Recording Officers and Survey Officers as maybe necessary for performing the duties and exercisingthe powers imposed and conferred upon them by thisAct.

(2) The Adjudication Officer shall be in charge ofthe adjudication and may issue such general or specialdirections as he thinks necessary to tho officersappointed by him under subsection (1), and mayhimself perform and exorcise all or any of the dutiesand powers given under this Act to tho officersappointed by him.

(3) The Adjudication Officer shall be competent toadminister oaths and take affidavits on any enquirymade. by him and to issue summonses, notices ororders requiring the attendance of such persons orproduction of such documents as he may considernecessary for carrying out the adjudication.

(4) The Demarcation Officer or Survey Officer maya.t any reasonable time enter upon any land. withinthe adjudication area for the purpose of demarcating

Appointmontund gonorulpowers ofofficers andLundAdjudication'I'ribunal

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Lund Adjudication. Act [19H4.

Adj udic utiousections

)loticu byAdjudicationOfiicer

or surveying any parcel therein and may summona,ny person who can give information regarding theboundaries of any such parcel to point out theboundaries.

([») For the pUl'pmm of section 20 the Minister shallappoint a Land Adjudication Tribunal which shallconsist of:-

(a) a Chairman who is a legal practitionerof not loss than ten years standing;

(0) one member who is it surveyor licensedunder tho Land Surveyors Act, 1984; and

(c) one member who is an experienced agri­culturist.

PAB/r III

CLAIMS AND DEMARCA'fION

5. Tho Adjudication Officer shall divide the adjudi­cation area into two or more adjudication sections ordeclare the whole area to be a single adjudicationsection, and shall give each adjudication section adistinctive name.

6.-·(1) The Adjudication Officer shall prepare aseparate notice in respect of each adjudication sectionand in each such notice slwU--

(a) specify as nearly as possible the situationand Iimits of the adjudication section;

(0) declare that all interests in land will beascertained and· recorded in accordance withthe provisions ofthis Act;

(c) require any person who claims any interestin land within the adjudication section tomake a claim either in writing or in personor by his agent duly authorised accordingto law, within the period and at the 'placeand in -the manner specified in the notice;

(d) require all claimants to land within· theadjudication section to mark or indicate theboundaries of t.ho land claimed in suchmanner and hoforo such date as shall berequired hy tho Demarcation Officer.

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(2) The Adjudication Officer shall-

(a) cause such notices and schedule, if any, tobe published at the office of the Registrarof Deeds and such other offices within theState ashe thinks fit; and

(b) cause the substance of such notice andschedule if any, to be made known throughoutthe adjudication area and elsewhere bypublication in the Gazette and in at least onelocal newspaper and in such other manneras he considers to be most effective for thepurpose of bringing it to the attention of allpersons affected thereby.

7.-(1) Except with the consent in writing of theAdjudication Officer, no action claiming an interestin land or rights to land in an adjudication shall beinitiated in any civil court until proceedings under thisAct have been completed.

(2) Upon the application of any party interestedin the subject matter of an action claiming an interestin land or rights to land in an adjudication sectionmstituted before the publication of the notice mentionedin section 6, the Court may stay the hearing of suchaction and refer it to the Adjudication Officer.

8.-(1) Every person including the Crown claimingany land or interest in land within an adjudicationsection shall make his claim in the manner and withinthe period fixed by the notice given under section G.

(2) Every person including the Crown whosepresence is required by the Adjudication Officer,Demarcation Officer or Recording Officer, as the casemay be, shall attend in person or by agent at thetime and place specified.

(3) If any such person fails to attend in personor by agent after written notice has been given, thedemarcation, recording or other proceeding mayoontinue in his absence.

Staying ofland suits

Claims andattendances

N~l. u.: Land Adjudication Act [1984.

::infegullrdingof rights ofubsont person"and Il1l1101'S

Not ice 01UeIUIU'Oll! ionand recording

Judiout.iou ofland clu imod

9. --( 1) If the Adjudication Officer, DemarcationOfficer or Recording Officer is satisfied that anyperson who has not made a claim ha-s a claim to anyinterest in land. within the adjudication section theAdjudication Officer, Demarcation Officer or RecordingOfficer may, in his discretion proceed as if a claimhad been made, and may call upon the Registrar ofDeeds to· supply him with a certified copy of anydocument of title relevant thereto.

(2) If the Adjudication Officer, Demarcation Officeror Recording Officer has reason to believe that aminor has a claim to any interest in land and suchminor has no tutor, father, mother or guardianable and willing to represent him, the AdjudicationOfficer, Demarcation Officer or Recording Officer, asthe case may be, shall appoint a person to representsuch minor and shall proceed as if a claim had beenmade.

10.-(1) Not less than seven clear days before thedemarcation of land in an adjudication section isbegun, the Demarcation Officer shall give notice ofthe intended demarcation in that section, and of thetime and place at which it will begin, in such manneras tho Adjudicn.tion Officer shall deem to bo mostlikely to bring t.ho matter to the knowledge of thepersons to be affect O( l by that demarcation.

(2) Such notice shall require every claimant toindicate tho bouiularios of the land affected by hisclaim in the manner specified in tho notice.

Ll , Subject to any general or particular directionsissued by the Adjudication. Officer, the DemarcationOfficer shall within each adjudication section-

(a) SOl3 that the boundaries of each parcel ofland, which is tho subject of a c1aim,.aJ;oindicated or demarcated in accordance withthe requirements of the notice given undersection 10 ;

(b) indicate or cause to be indicated theboundu I'ies of

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(i) public roads, public rights of way andother Crown Land and

(ii) unclaimed land.

[1984.

12.-(1) The Demarcation Officer may - Special powers

(a) divide the adjudication section into blockswhich shall be given distinctive numbers orletters or combinations of numbers andletters ;

(b) with the consent of the owners concerned,adjust the boundaries of any land in theadjudication section or re-allot the same toensure the more beneficial occupation thereofor to effect a more suitable subdivisionthereof;

(c) make any reservations he considers necessaryfor the purposes of defining existing roadsand paths or for the better drainage of anyland ;

(d) make a declaration of such existing rightsof way over any land in the adjudicationsection and may direct the manner in whichsuch rights of way are to be exercised andin such case he shall direct that such rightsof way be recorded in the adjudication recordin respect of the dominant land and theservient land;

(e) award such compensation as may to himappear just to any person who has sufferedloss of land as the result of any adjudicationof boundaries or the partition or re-allotmentto any land or the declaration of any rightsof way and may make an order directing bywhom such compensation shall be paid:

Provided that any award may be thesubject of a petition under section 20 ;

U) determine the proportion in which theexpenses of any partition shall be borne bythe persons interested therein and make anorder accordingly;

(g) make an order as to costs not exceeding onehundred dollars.

:'lie.. I 1.1 Land Adjudiauioii Ac.t [1984.

Dut.ie., of theSurvey O!li('or

Dul.\(\O; "fHl.H~unlillg

( lt1bJl'

Disputes

(2) Any order for the payment of compensation,expense~ or costs made against the owner of any landshallcreate a debt to be charged on such land which81wJl have priority over all other debts except ratesand taxes relating to tho land and due to the( [ovornmenb.

13. Subject to any general or particular directionsissued by the Adjudication Officer, the duties of theSUlTOY Officer shull be-

(a) to carry out such survey work as may berequired in the execution of the adjudicationprocess;

(b) to prepare or cause to be prepared a demarca­tion index map of tho adjudication sectionwhich shall be compiled from survey data oraerial photographs showing each parcel ofland identified by a distinguishing number,except thut public roads shall not be requiredto be identified by a number.

14. The Recording Officer Bhall consider all claimsto any interest in lund and after such investigationas he considers necessary shall prepare in accordancewith the provisions of section 18 a record in respectof every parcel of land shown on the demarcation1\li1p.

15.-(1) If in any en,se····(a) there is u dispute as to any boundary whether

indicated to tho Demarcation Officer ordemarcated or readjusted by him, which thoDemarcation Officer is unable to resolve; or

(b) there are two or more claimants to anyinterest in land and the Recording Officeris unable to effect agreement between them,

the Demarcation Oflioer or the Recording Officer astho ua~m may be shall refer the matter to the Adjudioa.tion Officer.

(2) The Adjudication Officor shall adjudicate uponand determine any dispute referred to him undorsubsootion (I), having duo regard to any law which

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may be applicable, and shall make and sign a recordof the proceedings.

PART IV

PRINCIPLES OF ADJUDICATION AND PREPARATIONOF ADJUDICATION RECORD

16.-(1) In preparing the adjudication record-(a) if the Recording Officer is satisfied that a

person-(i) is in public, continuous, uninterrupted,

unequivocal peaceable possession as pro­prietor of a parcel of land other than aparcel which is Crown Land and has beenin such possession, by himself or hispredecessors in title, for an uninterruptedperiod of thirty years or more; or

(ii) has a good title to the parcel and thatno other person has acquired or is incourse of acquiring a title thereto underany law relating to prescription or limit­ation, and that he would succeed inmaintaining the title against any otherperson claiming the land or any partthereof,

the Recording Officer shall record that personas the owner of the parcel and declare histitle to be absolute;

(b) if the Recording Officer is satisfied that anyland is entirely free from private rights, orthat the rights existing in or over it do notamount to full ownership and are not suchas to enable him to proceed under paragraph(d) of this subsection, he shall record theland as Crown Land ;

(c) if the Recording Officer, is satisfied that anyland is subject to any right which is registrableas a lease, hypothec or servitude under theLand Registration Act 1984, he shall recordsuch particulars as shall enable the right andthe name of the person entitled to the benefitthereof to be registered ;

Principles ofadjudicationetc.

No. 11.1 Land Adjudication Act [1984.

eh. :l42

Rules to bef ...llowed inadjudication

(d) if tho Recording Officer is satisfied that aperson is in possession of or has a right toa parcel but is not satisfied that such personis entitled to be recorded under paragraph (a)of this subsection as the owner of the parcelwith absolute title, the Recording Officermay nevertheless record that person as theowner of the parcel and declare his title tobe provisional and shall record-

(i) the date on which the possession of thatperson shall be considered to have begun;

(ii) particulars of any deed, instrument orother document by virtue of which anyright or interest adverse to or in deroga­tion of the title of that person mightexist; or

(iii) any other qualification which affects thetitle.

(2) For the purpose of this section-(a) a person is deemed to be in possession of land

if he is in possession thereof within themeaning and interest of articles 2056 and2064 of the Civil Code;

(b) "good title " means a title as defined inarticle I (61) of the Civil Code.

(3) The Recording Officer shall follow the rules laiddown in section 17.

17.-(1) All unoccupied land shall be deemed to beCrown Land until the contrary is proved.

(2) The exercise by any person of any rights in orover one or more pieces of land shall not be takenas a presumption in his favour of any rights in or overany greater extent of land than that in or over whichsuch rights are exorcised.

(3) Possession or receipt of rents and profits byany person tltrullgh whom a claimant derives his titleshall be doomed to have been tho possession or receiptof rents and !In)/ij:-> of the claimant.

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(4) 'Where from the relationship of the parties orfrom other special causes it appears that the personin possession of land is or was in possession on behalfof another, his possession shall be deemed to be orto have been the possession of that other.

(5) Where two or more persons have rights whichwill entitle them to be registered as proprietors incommon under the Land Registration Act 1983, theRecording Officer shall record such persons as pro­prietors in common and the share of each such co-owner.

(6) Where the persons claiming are entitled asproprietors in common to the unadministered estateof an ascendant who was solely entitled to the land,the Recording Officer shall record that the heirs ofthat ascendant are owners of the land.

(7) Where a majority of the proprietors in commonwho have made a claim under section 8 agree, theRecording Officer shall record the names of not morethan four such persons as trustees for sale, providedthat such majority includes all the persons who areactually in possession of some part of the land, andthe trustees shall be chosen from among their numberby a majority vote of all the claimants.

(8) A receipt shall be given by the Recording Officerfor all documents produced by a claimant and retained.

18.-(1) The adjudication record shall consist ofl\ form in respect of each parcel of land, showing -

(a) the number and approximate area of theparcel as shown in the Demarcation Map;

(b) either the name and description of the personentitled to be registered as the owner of theparcel with particulars of the manner inwhich that person acquired that parcel andof any restriction on his power of dealingwith it, or the fact that the parcel is CrownLand;

(c) such particulars of any right registrable underthe Land Registration Act 1984, as shallenable it to be registered as a lease, hypothec

AdjudicationRecord

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Land AdJud'ication Act [1984.

Not.ico 1'1'c-oruplot ion ofHdjIH!J<,a I ionrecord

Appeul«against thoadjudicationrecord

or servitude as the case may be, affectingthe parcel together with the name anddescription of tho person entitled to thebenefit thereof and particulars of anyrestriction on his power of dealing with it j

(d) if any person shown in the adjudicationrecord is under a disability, whether byreason of age, unsoundness of mind orotherwise, the name of his guardian ;

(e) a list of the documents, if any, producedto the Recording Officer and retained by himfor the purpose of adjudication;

(1) the date on which the form is completed.

(2) 'When completed, the form shall be signed bythe Recording Officer and, in the case of privatelyowned land, shall, where possible, include an aeknowl.edgement signed by tho owner of the parcel and byauy Iierson recorded under the provisions of subsection(1) (c) ,LS having an interest in such parcel that suchowner (mel every such person accepts the record.

19. When the adjudication record in respect of anyadjudication section lias been completed, the Adjudiea.tion Officer shall sign and date a certificate to thatoffect ..mel shall forthwith give notice of the completionthereof and of tho plucc 01' places at which the samecan be inspected together with tho demarcation map.

PAHT V

ORJ.lW'l'IONS AND FINALITY

20.-(1) The Minister or any person named in oraffected by the adjudieat.ion record or demarcationmap who considers such record or map to be inaccurateor incomplete in any respect or who is aggrieved by(my act or decision of the Demarcation Officer orSurvey Officer or by any entry in or omission fromthe adjudication record by the Recording Officer may.within ninety days of the day upon which notice ofcompletion of tho adjudication record is published,givo writ.ton notice of his intention to appeal to the

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Land Adjudication Act [1984.

Adjudication Officer in respect of the act, decision,ontry or omission concerned and the appeal shall behoard and determined by the Adjudication Officer.

(2) Where the Adjudication Officer has adjudicatedon any matter (except such a matter as is referred toin section 22), the Minister or any other person whois dissatisfied with that decision shall give writtennotice to the Adjudication Officer of his intention toappeal.

(3) On any such appeal the Land AdjudicationTribunal may make such order or substitute for thedecision of the Adjudication Officer, DemarcationOfficer, Survey Officer or Recording Officer as thecase may be, such decision as it may consider just.

(4) All decisions of the Land Adjudication Tribunalshall be in writing and copies shall be furnished tothe Adjudication Officer, the Registrar, the appellant,and to all other parties who, in his opinion, may heaffected by the appeal.

21. In hearing a dispute under section 15 and section20, the Adjudication Officer shall, so far as may bepracticable, follow the procedure directed to be observedin the hearing of civil suits, save that in his absolute(liscretion he may admit evidence which would not beadmissible in a court of law and may use evidenceadduced in any other claim or contained in any officialrecord and may call evidence on his own motion.

22. At any time before the adjudication recordbecomes final, the Adjudication Officer-

(a) may correct in the record any error oromission not materially affecting the interestsof any persons; and

(b) after taking such steps as he thinks fit, tobring to the notice of every person whoseinterest is affected his intention to makeany material alteration in the record whichhe considers necessary, and after giving suchperson an opportunity to be heard, maymake such alteration.

Procedure inhearingpetitions anddisputes

Correction ofadjudicationrecord

102

Nu. 11.1 [1984.

Fmaht.y ofudjudicationn'~ol'd

23. After the expiry of ninety days from the dateof publication of the notice of completion of theadjudication record or on determination of all petitionsand appeals presented in accordance with section 20,whichever shall be the later, the adjudication recordshall, subject to the provisions of the Land RegistrationAct, 1984, become final and the Adjudication Officershall sign a certificate to that effect and shall deliverthe adjudication record and the demarcation map totho Registrar together with all documents received byhim in the process of adjudication.

24.-(1) Any person, including the Minister, whois aggrieved by any act or decision of the LandAdjudication Tribunal and desires to question it orany part of it may within two months from the dateof the certificate of the Adjudication Officer undersection 23 or within such extended time as the Court,in tho interests of justice, may allow, appeal to theCourt of Appeal in the prescribed form.

(2) On any such appeal, the Court of Appeal maymake such order or substdtute for the decision of theLand Adjudication 'I'ribunal such decision as it mayconsider just and may under the provisions of theLand Registration Act, 1984, order rectification ofthe register.

(3) A decision of the Court of Appeal under sub.section (1) shall be in writing and copies of it shall befurnished by tho Court to the Registrar, to theappellant and to all other parties who, in his opinion,ma,y be affected by the appeal.

(4) Any penwn, including the Minister, appealingunder subsection (1) shall give notice to the Registrarof his intention to appeal and the Registrar shallenter a restriction under the provisions of the LandRegistration Act, 1984, in every register affected bythe appeal.

PART VIMISCELLANEOUS

25. Every person who is a party to any proceedingsbefore the court shall be required to pay such fees inrespect of the proceedingsas may be prescribed.

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Land Adjudication Act [1984.

26. Any person who -.(a) having been served with a summons issued

under the provisions of this Act, wilfullyneglects or refuses to attend in pursuanceof such summons, or to produce any documentwhich he is required to produce; or

(b) wilfully neglects or refuses to answer uponoath or otherwise any question which maylawfully be put to him by any officer; or

(c) without reasonable cause, wilfully neglectsor refuses to indicate his land or to assistin the demarcation of his land when requiredto do so by a Demarcation Officer,

shall be guilty of an offence and liable on summaryconviction to a fine of two hundred and fifty dollarsand to imprisonment for three months.

Offences

Indemnity ofofficers

27. No officer referred to in this Act shall be liableto any action or proceedings for or in respect of anyact or matter in good faith done or omitted to be donein exercise or supposed exercise of the powers conferredby this Act or any regulations made thereunder.

28. The Minister may make regulations for the Bogulationa

purpose of carrying into effect the provisions andpurposes of this Act.

Passed in the House of Assembly this 8th day ofMarch, 1984.

W. ST. CLAIR-DANIEL,Speaker.

Passed in the Senate this 13th day of March, 1984.

E. HENRY GIRAUDY,Pres'idenl.

SAINT LUCIAPRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING Of'PICE.

CASTRIES.1984. [ Price $4.25. ]