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In forceUpdated to 15 Oct 2020
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Chapter 3 · Implied conditions

119. Implied condition affecting land alienated before commencement for padi cultivation

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(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.

Report

Chapter 4

Express conditions and restrictions in interest

Chapter 5

Enforcement of conditions

Chapter 1

Subdivision of lands

Chapter 2

Partition of lands

Chapter 3

Amalgamation of lands

Chapter 4

Subdivision of buildings 151—157..

Chapter 1

The registers

Chapter 2

The subsidiary register 161—163..

Chapter 3

Final title in continuation of final title

Chapter 4

Replacement of register document of final title

Chapter 3

Chapter 2

Alienation under qualified title

Chapter 3

Final title and qualified title in continuation

Chapter 4

Conversion of qualified title into final title

Chapter 1

Powers of leasing, etc.

Chapter 2

Express and implied provisions

Chapter 3

Forfeiture

Chapter 4

Determination of leases and tenancies

Chapter 1

Creation of charges, and general provisions relating thereto

Chapter 2

Implied provisions

Chapter 3

Remedies of chargees: Sale

Chapter 4

Remedies of chargees: Possession

Chapter 5

Discharge

Chapter 6

Liens

Chapter 1

Creation

Chapter 2

Release, extinguishment and cancellation

Chapter 1

Presentation of instruments for registration

Chapter 2

Procedure generally

Chapter 3

Determination of fitness for registration

Chapter 4

Manner of registration

Chapter 5

Powers of Attorney

Chapter 6

Cancellation of registration

Chapter 7

Endorsement of exempt tenancies

Chapter 1

Caveats

Chapter 2

Prohibitory orders

Chapter 1

Co-proprietorship

Chapter 2

Trusts

Chapter 2

Deposited plans

Schedules