Sri Lanka: Legitimate caveats under threat
Sri Lanka: Legitimate caveats under threat
Sri Lanka Guardian
10:52 AM
Has the legal fraternity been caught napping?
by Raj Gonsalkorale
There is speculation that caveats, the one thing that protects genuine private land owners from fraudsters who manage to sell their land with bogus land titles, and protects genuine third parties from exploitation by land owners, is under threat and that legislation is being drawn to change land registration laws that permit caveats on land titles.
It is unclear whether lawyers and notaries were consulted on this development. If not, it may seem that they are gradually being sidelined on law reform in Sri Lanka. If this indeed is an evolving trend, lawyers have to take some of the blame for this as they do not seem to have been engaged in furthering law reform in the country to the extent they should have.
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Friday, 25 December 2020 00:00 -
By Shenali D. Waduge
Shouldn’t the ministries, the lawyers and others tasked to look at where the malady lies come up with answers and not create more problems – Pic by Shehan Gunasekara
The Justice Ministry, the Land Ministry, the AG’s Department and the Cabinet are either drafting new laws, amending existing laws, appointing committees or with one nod eliminating existing statutory laws. This is a new Constitutional procedure even when the Constitution does not allow court to eliminate statutes. How far each is working with each other or consulting legal experts in the area amendments are being proposed is a question to be answered. We have three scenarios that warrant the attention of the decision makers and the general public as they all deal with the core sovereign component of land and necessitates public debate and discussion.