Section 119
Implied condition affecting land alienated before commencement for padi cultivation
of National Land Code (Revised - 2020)
(1)
Where the document of title to any country land alienated before the commencement of this Act, not being land exceeding four hectares in area, contains the expression “padi”, or any equivalent or variant thereof specified in the Fourth Schedule, as the nature of cultivation or the purpose of alienation thereof, or as part of that nature or one such purpose, then, subject to subsections (2) and (3), the land shall be subject to the following implied conditions:
(a)
that such area of the land as, in the opinion of the Land
Administrator, is suitable for the cultivation of rice shall be so cultivated;
(b)
that area shall be maintained and so cultivated according to the rules of good husbandry; and
(c)
that area shall be continuously so cultivated:
Provided that the condition specified in paragraph (c) shall be regarded as complied with in the case of any area so long as three-quarters at least thereof is at all times so cultivated, and any period during which less than the whole is so cultivated does not exceed twelve months.
(2)
This section does not apply to any land the document of title to which is, at the commencement of this Act, endorsed with a memorial of exemption from the like provisions of any previous land law.
(3)
The conditions implied by this section shall cease to apply to any land—
(a)
where the expression giving rise to them is removed from the document of title pursuant to an application by the proprietor under section 124;
(b)
where the land becomes subject to any category of land use.