Section 32
Implied conditions and obligations affecting land
⎯(1) In the absence of any express provision to the contrary in the document of title to any land whether alienated before or after the 1st day of January, 1958, there shall, by virtue of this section, be implied in such document of title the following conditions, obligations and restrictions⎯
(a)
that the rent, if any, and all rates, taxes and other dues payable to Government in respect of the land shall be a first charge on the land and shall be duly paid to the person and at the time and place prescribed for that purpose;
(b)
that all boundary marks by which the boundaries of the land are defined shall be duly maintained by the proprietor or occupier;
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(c)
that no portion of the land shall be used for the burial of a human body or any part thereof without the authority of the
Resident;
(d)
that the Government has the right at all reasonable times to enter upon the land for the purpose of extracting therefrom and taking away any earth, gravel, clay, stone, coral, shell, guano, sand or lime upon payment to the proprietor or occupier of reasonable compensation for any damage caused to property;
[Am. Ord. No. 2/74.]
(e)
that any person, holding the right to do so under a valid document of title or licence granted by the Government under any written law relating to mining, may⎯
(i)
enter on the land for the purpose of extracting therefrom mineral oil and such other commodities required for such purpose; and
(ii)
do on the land such acts incidental to such purpose as may be authorized by such lease or licence, upon payment to the owner or occupier thereof of reasonable compensation for any damage done to the property;
(f)
that all land which was alienated for agricultural purposes shall be cultivated in accordance with section 39;
(g)
that the land shall be subject to all the rights of the
Government specified in Part IV;
(h)
that the land shall be subject to the rights and conditions more particularly set forth in sections 33 to 37
inclusive;
(i)
that the land shall not at any time be used for any purpose or in any manner prohibited by or under any written law;
and
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(j)
that the proprietor shall not cause or permit any right, interest or estate in the land to be held or acquired or enjoyed by a foreign person, foreign company or foreign corporation or foreign body in contravention of sections 13A, 13B, 13C, 13D and 13E.
[Added Cap. A50.]
(2)
All the aforesaid conditions, obligations and restrictions shall run with the land and shall bind the proprietors or occupiers thereof for the time being.
(3)
If any dispute should arise as to what is reasonable compensation within the meaning of subsection (1), the person entitled thereto may require the Superintendent to refer the matter to arbitration under section 212.