Fraudulent land sales

Over the past several years we have seen many instances where land belonging to others being sold by unscrupulous fictitious vendors. They are well assisted by Notaries who help them with the deed work, and also by some rogue employees from the Land Registry who remove folios and substitute them with new folios.

When a deed is written and executed, the law requires the Notary to know the executant. If the executant is not known to the Notary, the law requires the two witnesses who witness the executant’s signature along with the Notary to know the executant, and the Notary to know the witnesses. This has been the law for over 100 years and I believe the time has come to change the existing law.

Of late, it has been the practice to include the NIC number in the deeds and I am unsure if that is a legal requirement or only a new practice. Be that as it may, I wish to suggest that the law must make it imperative for the Notary to keep photocopies of NICs of the executants and the witnesses. One can argue it is not practicable. But, these are days when photocopiers are available at every nook and corner and it is not a difficult matter.

To add to the said suggestion I wish to add one more. The government must charge a registration fee for every instrument/deed tendered for registration. In return for the registration fee the Land Registry must be required to provide a certified copy of the folio where the deed is registered. One can argue that the Notary can obtain it separately. There could be some Notaries who obtain certified copies of the folios but this does not happen with all Notaries, and that is the reason I make this suggestion.

The result will be when A wants to sell his land to B, A will be possessed on his title deed and the folio where it is registered that will be given to B. When B receives his deed after registration B will have a certified copy of the folio where it is registered. For fraudsters and the Land Registry employees removing and substituting folios may not be a good business, as the owners possess the material relating to their title.

If any issue arises the owners must be able to complain to an Ombudsman who will handle the complaints on land title frauds. The Ombudsman will decide matters with documentary evidence and submissions. This will reduce the volume of work in the civil courts. The Ombudsman can, together with his decision, direct the Police to take action in the criminal court if a fraud is determined.

HEMAL PERERA