Section 203
Applications for surrender and re-alienation, and procedure thereon
of National Land Code (Revised - 2020)
(1)
In the special circumstances specified in subsection (2), the Land Administrator may approve the surrender of any two or more contiguous lots held by same proprietor under Land Office title on the terms that the land comprised therein be immediately re-alienated to the proprietor in different units, each of less than four hectares, and each under the form of qualified title corresponding to Land Office title.
(2)
The said circumstances are as follows:
(a)
that the lots in question are all situated in the same mukim, town or village;
(b)
that no dissimilarity exists between any of the lots as respects the periods for which they are held, the rates at which rent is payable, or the categories of land use, conditions and restrictions in interest to which they are subject;
(c)
that the combined area of the lots exceeds four hectares;
and
(d)
that none of the lots is subject to any registered interest or tenancy exempt from registration protected by endorsement on the register document of title.
(3)
Any proprietor wishing to apply for an approval pursuant to this section shall do so in Form 12c; and sections 197 to 199
shall apply to the application subject to the modifications specified in subsection (4), and to such other modifications as may be necessary.
(4)
The said modifications are as follows:
(a)
that the matters to be sent with the application shall include a plan showing the details of the existing lots and the proposed new units, 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; and
(b)
that the Land Administrator shall not approve the application unless he is satisfied, not only that conditions specified in subsection (1), paragraphs (2)(b) and (d)
and subsection 196(3) are fulfilled, but also that the circumstances are as stated in subsection (2) of this section, and that the area of each of the proposed new units is less than four hectares.