National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 4 · Remedies of chargees: Possession
272. Procedure for taking possession
Feedback & supportA chargee intending to enter into possession of any land pursuant to section 271 shall—
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;
where he is to do so by receiving the rent payable to the chargor under any lease or tenancy, serve a notice in
Form 16j on the lessee or tenant, and a copy thereof on the chargor; and
where he is to do so by going into occupation, serve a notice in Form 16k on the chargor.
Upon the service of a notice in Form 16j on any lessee or tenant, there shall pass to the chargee all the rights, powers and remedies of the chargor with respect to the receipt and recovery of, and the giving of discharges for, the rent in question (including any amount due, but not paid, prior to the service of the notice).
Form
“Form”, followed by a number and letter, means the form in the First Schedule identified by that number and letter;
289
National Land Code 435
Where any chargor on whom a notice in Form 16k is served fails within the period specified in that behalf in the notice to admit, or secure the admission of, the chargee into occupation of the land in question, the chargee may apply to the Court for an order for possession in accordance with any law for the time being in force relating to civil procedure.