National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 4 · Express conditions and restrictions in interest
120. Imposition of express conditions and restrictions in interest on alienation under this Act
Feedback & supportSubject to the provisions of this section, the State
Authority may alienate land under this Act subject to such express conditions and restrictions in interest conformable to law as it may think fit.
alienate
“alienate” means to dispose of State land in perpetuity or for a term of years, in consideration of the payment of rent, and otherwise in accordance with section 76 or, when used in relation to the period before the commencement of this Act, to dispose of State land in perpetuity or for a term of years under a previous land law (not being a law relating to mining);
The conditions and restrictions in interest to be imposed under this section in the case of any land shall be determined by the State Authority at the time when the land is approved for alienation.
land
“land” includes— (a) that surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface; (d) all things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and (e) land covered by water;
Every condition or restriction in interest imposed under this section shall be endorsed on or referred to in the document of title to the land; and in complying with this subsection the State
restriction in interest
“restriction in interest” means any limitation imposed by the State Authority on any of the powers conferred on a proprietor by Part Nine, or on any of his powers of dealing under Division IV, and any like limitation imposed under any previous land law;
Authority shall, in any case where it imposes both conditions and restrictions in interest, distinguish between the two.
No condition shall be imposed under this section which is inconsistent with any implied condition to which the land becomes subject on alienation by virtue of section 114.
Land Alienated Subject to a Category