Land Registration in Sri Lanka

Currently, the land registration process in Sri Lanka is operated under the manual deed registration system and ‘Bimsaviya’ computerized title registration system. Both systems are developed to overcome some certain identified problems. Even though, still there are problems that could not be solved by those systems.

Current Manual Process

The present system of registering lands in the country was started with the Registration of Documents Ordinance introduced by the British in 1863 during their rule in Sri Lanka. In terms of this ordinance transfer of a land between two or more parties is done by means of a systematic document (deed) prepared by a Notary Public and registered in the Land Registry. In this process the transferee should possess the genuine ownership to the land and if otherwise the transferee will not gain the actual title to the land.

Bim Saviya

Issues related to Land ownership has been longstanding barriers for utilization of Land while difficulties of manual access of registers have been an obstacle. Title registration to Sri Lanka is introduced, to provide stronger and clear land ownership with the view of improving land utilization and development and to avoid unnecessary dispute due to land ownership or boundaries. Computer based Land information System is supporting better land management and issue of Government ensured title certificate.

However, by this system a person grants an undisputed and irrevocable title to the land which is not even challengeable in a court of law. This irrevocability is a huge problem.

Problems in the deed registration manual process

• Possible frauds by notaries and surveyors
• Land registry entries are not tamper proof
• Tracing difficulty of pedigree (title transfers)
• A consistency guaranteed ownership transfer process with access to courts has to be weighed against a bim saviya like ‘absolute ownership’ system
• Centralised corruptibility can be handled by distribution of responsibility