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The Money Lending Ordinance and the Mortgage Act should be amended to enable
the determination of debts due to private lenders.
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With the case of mortgages to banks, the banks' right to sell land without recourse to
court should be suspended. Equally, the Debt Recovery (Special Provisions) Act should
be amended to enable a mortgagor to appear and defend without the present
requirement of a deposit of security.
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The Land Development Ordinance should be amended so that an IDP who has failed to
meet the conditions attached to a Crown land permit due to displacement is not at risk
of losing the permit (although this result will also be achieved if the Land Commissioner
determines not to cancel the permit).
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The Land Development Ordinance should also be amended to relax the rules regarding
succession of Crown land permits/grants. At present, where no successor has been
nominated, the eldest male child inherits the permit/grant.
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Where partition or testamentary actions were pending as a result of the civil war, the rule
of abatement of actions under the Civil Procedure Code should be suspended so these
actions can be continued.
(2) Improvements to the administration of property interests
Proof of ownership is a common problem for returning IDPs and refugees. Documentation
pertaining to title, registration and definition of boundaries has been lost, destroyed or
seriously damaged. Improved administration including the restoration of damaged records,
re-construction of records, regularization of registration of title and production of land surveys
and the deposit of land surveys with District Land Registries, may prevent potential disputes
from arising.
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Where Land Registry Folios have been destroyed or are incomplete, the Registrar General
should re-construct the folio in terms of the provisions set out in the Land Registers
(Reconstructed Folios) Ordinance.
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All copies of plans made by surveyors should be tendered and retained by the relevant
District Land Registries.
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The Registrar General should be empowered to micro-film all land registers, village
indexes and duplicates of registered deeds.
(3) Improvements to the infrastructure and the resources of the judiciary
The infrastructure and resources of the judiciary in the North and East of Sri Lanka have
suffered from severe neglect and damage during the conflict. Court buildings have been
damaged and some courts are located in unsuitable rented accommodation. Case
records and documents have been destroyed and furniture and other necessary equipment
are missing. In some regions, the operation of the courts has been suspended for over ten
years. The judiciary also suffers from a lack of adequately trained court staff. The lack of
basic infrastructure, in addition to Sri Lankan laws of procedure and evidence, contribute to
the delay in determining property cases - a straightforward civil dispute may take anywhere
from 2 to 5 years for decision and approximately a total period of 10 years for a final decision
on appeal.
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