National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 3 · Final title in continuation of final title
164. When title in continuation may be issued under this Chapter
Feedback & supportThe issue of title in continuation under this Chapter shall consist of the preparation, registration and issue under this
Chapter of final documents of title in continuation of the final documents for the time being relating to any alienated land; and title in continuation may be so issued—
alienated land
“alienated land” means any land (including any parcel of a subdivided building) in respect of which a registered title for the time being subsists, whether final or qualified, whether in perpetuity or for a term of years, and whether granted by the State Authority under this Act or in the exercise of powers conferred by any previous land law, but does not include mining land;
to the land as a whole;
to the individual portions into which the land is to be subdivided pursuant to Chapter 1 or 2 of Part Nine; or
to the combined area to be formed by the amalgamation of the land with any other land pursuant to Chapter 3
of that Part.
The circumstances in which title in continuation may be issued under this Chapter to any land as a whole are those specified in section 166; and the procedure for its issue in those circumstances shall be that specified in sections 167 to 170.
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;
The circumstances in which title in continuation may be issued under this Chapter in cases of subdivision, partition and amalgamation are where the survey of the individual portions or combined area has been completed without the proprietor having applied for qualified title thereto; and the procedure for its issue in those circumstances shall be that specified in sections 171 to 173.
proprietor
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;
Where the title to be continued refers to two or more surveyed lots a new document of title shall be prepared, registered and issued in respect of each such lot and for the purposes of determination of annual rent subsection 171(3) shall apply.
lot
“lot” means any surveyed piece of land to which a lot number has been assigned by the Director of Survey and Mapping;