This Act amends the Land Registration Authority Act 2003 by adding a new section (438A), which stipulates that no lease shall be subject to sublease unless specifically agreed to by the landowners in the original master lease, or consented to by the landowners in writing.
Amends: Land Registration Authority Act 2003. (2006-06-26)
This Act provides for the registration of land and establishes for this purpose a Land Registration Authority.The Authority shall be a body corporate and shall be managed by a Board of Directors. The Authority shall: (a) provide a legal framework for the people of the Marshall Islands to voluntarily register their interests in land in order to produce certainty regarding the identity of the legal owners of land and interests in land; (b) provide standards and criteria for land leases; and (c) maintain and keep public records of land and land transactions.
Section 3 prohibits transfer inter-vivos of the freehold of any land in Nauru to any person other than a Nauruan person. Such transfer or purported transfer, or any agreement to execute any such transfer, shall be absolutely void and of no effect. Section 4 guarantees validity of existing titles in land, acts relating to land, etc. under the present Act. Sections 5 to 17 concern lease of land for purposes of mining of phosphate and concern certain aspects of use of such land, e.g. removal of sand, removal of trees and vegetation, etc.
This Act contains rules relative to real property and especially the lease and disposal of land.It prescribes rules relative to the manner of giving effect to equitable interests and powers, creation and disposition of equitable interests, vesting orders and dispositions of legal estates operating as conveyances by an estate owner, leasehold, rights on real property in case of infancy, lunacy or death, common ownership, registration of rights, etc.
This Act contains rules relative to real property and especially the lease and disposal of land.It prescribes rules relative to the manner of giving effect to equitable interests and powers, Creation and disposition of equitable interests, vesting orders and dispositions of legal estates operating as conveyances by an estate owner, leasehold, rights on real property in case of infancy, lunacy or death, common ownership, registration of rights, etc.
The State is the owner of land in the Republic, and some of these lands should be made available for development including permanent settlement of citizens and their families, who otherwise have no or limited access to land. The objectives of this Act are on the one hand to provide a framework for the tenure and alienation of such land and on the other hand to provide for the planning and sustainable development of such land in accordance with certain principles.
Under the State Acquisition of Lands Ordinance (CAP 95B) the Republic has the power to acquire land for public purposes by purchasing the freehold or obtaining a lease. This Act gives the Republic the further power of compelling the surrender of a lease, sublease, or licence. Consideration or compensation, as with the obtaining of the freehold or a lease, will have to be paid.
Amends: State Acquisition of Lands Ordinance. (1977)
A Commission is established to review all land leases prior to execution to ensure that the interests of all relevant landowners and successors in interest are adequately safeguarded and protected. The review serves the purpose of avoiding land right disputes mainly involving foreign investors and (local) landowners and successors in interest. The Commission shall be headed by the Attorney-General. The Commission shall approve and submit to the Clerk of Court for filing, only those land leases which are in compliance with the provisions of section 404.
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