s.16Principles of adjudication
16
Section 16Part 4 — Principles of Adjudication and Preparation of the Adjudication Record

Principles of adjudication

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In preparing the adjudication record —
if the Records Officer is satisfied that a person — (i) is in open and peaceful possession of a parcel and has been in such possession by himself or by his predecessors in title for an uninterrupted period of twelve years or more; or (ii) has a good documentary title to the land and that no other person has acquired a title thereto under any law relating to prescription or limitation, and that he would succeed in maintaining or defending such possession or title against any other person claiming the land or any part thereof, the Records Officer shall record that person as the owner of the parcel and declare his title to be absolute;
is in open and peaceful possession of a parcel and has been in such possession by himself or by his predecessors in title for an uninterrupted period of twelve years or more; or
has a good documentary title to the land and that no other person has acquired a title thereto under any law relating to prescription or limitation, and that he would succeed in maintaining or defending such possession or title against any other person claiming the land or any part thereof,
if the Records Officer is satisfied that any land is entirely free from private rights, or that the rights existing in or over it do not amount to full ownership and are not such as to enable him to proceed under paragraph (d) of this subsection, he shall, subject to paragraph (e), record the land as Crown land;
if the Records Officer is satisfied that any land is subject to any right which is registrable as a lease, charge, easement, profit or restrictive covenant or agreement under the Registered Land Law (1995 Revision) he shall record such particulars as shall enable the right and the name of the person entitled to the benefit thereof to be registered;
if the Records Officer is satisfied that a person is in possession of, or has a right to a parcel but is not satisfied that such person is entitled to be recorded under paragraph (a) as the owner of the parcel with absolute title, the Records Officer may, nevertheless, record that person as the owner of the parcel and declare his title to be provisional and shall record —
the date on which the possession of that person shall be considered to have begun;
particulars of any deed, instrument or other document by virtue of which some estate, right or interest adverse to or in derogation of the title of that person may exist; or
any other qualification which affects the title; or
when land has been recorded as Crown land under paragraph (b), if, nevertheless, the Records Officer is satisfied that a person has in good faith carried out reasonable development with respect to the land, he shall recommend to the Governor that a grant of such land or a part thereof be made to such person on such terms as the Governor may determine, and, unless the land is immediately required for public purposes, the Governor shall make such a grant: Provided, however, that if such grant is not made because the land is required for public purposes, such person shall be entitled to reasonable compensation in respect of such development.
For the purpose of this section —
a person is deemed to be in possession of land if he does not acknowledge the title of any other person to that land and by himself, his agent, tenant or servant, actually uses or has used the land to the exclusion of the public: Provided that where it is established, whether by local custom or otherwise, that any parcel of land includes an area of swamp or cliff land, occupation or use of the other areas of such parcel shall be deemed to imply possession of the swamp or cliff land also; and
"good documentary title" means a title evidenced by documents which establish that a person is entitled to land in fee simple and commencing with a grant, conveyance, assignment, mortgage or other good root of title which is more than twelve years old.
The Records Officer shall follow the rules laid down in section 17.
The Adjudicator and the Records Officer, in the exercise of their respective functions, may, in their absolute discretion, admit evidence which would not be admissible in a court of law, use evidence adduced in any other claim or contained in any official record and call evidence on their own motion.

Defined Terms

good documentary title

Cross References