The procedure under this section is intended to maintain public peace. The orders made
under this section are, therefore, only of a temporary nature and designed to maintain the
status quo. Therefore a refugee or a displaced person who is affected will not get any
benefit from these provisions.
Remedy under Roman Dutch Law
Whenever boundaries of lands belonging to different owners was uncertain either
accidentally or through the act of the owners or some third person, an action for defining
and settling boundaries was provided for under Roman Dutch Law. An action for definition
of boundaries could, therefore, now be filed in the District court within which the land is
situated. A refugee or a displaced person may be able to get relief by way of a District Court
action, but he may have to wait for several years. Therefore this is not a suitable remedy to
resolve this dispute within a short time.
Definition of Boundaries Ordinance
The provisions of this law could be invoked if the Government Agent finds the boundary of
private land adjoining state land should be made or renewed in whole or in part. In these
circumstances the GA, with the assistance of the Surveyor General, would survey the land, a
procedure that is very effective and quick. When the boundary dispute is between the State
and a private individual, therefore, it appears that the existing provisions are adequate to
deal with the situation.
Registration of Title Act
The application of the Registration of Title Act to an affected area will have the effect of
identifying each plot of land with reference to a survey plan. The title to each plot is
determined and registered. Even though the implementation of this Act would resolve
boundary disputes and encroachments, the Act has its inherent weaknesses and therefore it
has not been implemented in most parts of Sri Lanka. The defects could be overcome in the
Act by modifying it and providing for a voluntary registration. But at present this Act will not
provide an effective solution to the Boundary disputes and encroachments.
Existing laws are, therefore, not adequate to address this issue.
The solution provided by the common law through civil courts cannot be reached within a
short period and amendment to the laws or new legislation will not solve this problem. An
alternate mechanism could solve this problem expeditiously.
13) Succession of property where the owner has died during the conflict period
There are several orphans in the conflict-affected areas, who are either unaware of or
unable to assert their rights over properties that belonged to their parents.
The applicable laws are: Civil Procedure Code; Evidence Ordinance; Births and Deaths
Ordinance; Jaffna Matrimonial Rights and Inheritance Ordinance; Matrimonial Rights and
Inheritance Ordinance; Muslim law; and Common law.
In regard to the issue of orphans, parentage and other proof of ownership of properties will
have to be ascertained by a monitoring group that will visit welfare centres, orphanages
and investigate into the necessary details and document the same.
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