Section 142
Applications for approval
of National Land Code (Revised - 2020)
(1)
Any application for approval of the partition of any land shall be made in writing to the Land Administrator in Form 9b, and shall be accompanied by—
(a)
such fee as may be prescribed;
(b)
a plan of the land on a scale sufficient to satisfy the
Land Administrator of all the details of the partition, together with such number of copies thereof as may be prescribed or, in the absence of any such prescription, as the Land Administrator may require;
(c)
if it is so prescribed or, in the absence of any such prescription, if the Land Administrator so requires, a copy of any approval or consent required under paragraph 136(1)(c) (as applied by section 141);
(d)
all such written consents to the making of the application as are required under paragraph (e) of the said subsection as so applied; and
(e)
the written consent to the making of the application of any co-proprietor who has not joined therein, provided that in the case of an application made under section 141a, such consents shall be dispensed with.
(2)
Upon receiving any application under subsection (1), the
Land Administrator shall endorse, or cause to be endorsed, a note thereof on the register document of title to the land to which it relates.
(3)
In the case of an application made under section 141a, the
Land Administrator shall notify the other co-proprietors of the proposed partition, requiring them to submit in writing within a period of twenty-eight days from the date of service of the notice, any objection setting out fully the grounds on which the objection is based.
176
Act 828
National Land Code 251
(4)
Upon expiry of the period specified in subsection (3), the
Land Administrator—
(a)
where there are objections, shall notify the applicant and the remaining co-proprietors and hold an enquiry at the specified time and place, and—
(i)
if satisfied that good grounds exist, shall reject the application or, in the case of an application relating to land the partition of which requires the approval of the State Director, shall recommend that the application be rejected; or
(ii)
in any other case, may approve the application or
(as the case may be), recommend to the State
Director that the application be approved; and
(b)
where there are no objections, after due consideration, may approve the application or (as the case may be), recommend to the State Director that the application be approved.
(5)
When the Land Administrator is satisfied that any application for partition of land is subject to—
(a)
the category “agriculture” or to any condition requiring its use for an agricultural purpose; and
(b)
the said land is two-fifths of a hectare or less than two-fifths of a hectare, he shall refer the application to be approved by the State Authority.