It is with reference to this array of different legal systems that we analyse the property issues that face IDPs, refugees and local communities. Legal analysis of property issues affecting internally displaced persons in Sri Lanka 1) Loss or destruction of title deeds and problems of establishing ownership Proof of ownership has been identified as a common problem for returning refugees and IDPs. Title deeds and other documentation have been lost or destroyed and registration of title deeds has not been consistent. Some Land Registry offices and their registers, too, have been damaged, lost and destroyed. The applicable laws are: Prevention of Frauds Ordinance No.7 of 1840; Notaries Ordinance No.1 of 1907; Registration of Documents Ordinance No.23 of 1927; Land Registers (Reconstructed Folios) Ordinance No.18 of 1945; and Registration of Title Ordinance No.3 of 1907. In Sri Lanka, the ownership of immovable property is evidenced by a document commonly known as the deed. This is an instrument, which in terms of the Prevention of Frauds Ordinance, Notaries Ordinance and Registration of Documents Ordinance, should be signed by the transferor in the presence of two witnesses, and attested by a Notary Public. In terms of Section 2 of the Prevention of Frauds Ordinance, any conveyance of an immovable property is invalid if not notarially executed. The ownership of an immovable property, called title to the land, passes to the Transferee on the signing of the document. However Registration under the Registration of Documents Ordinance gives an opportunity for the public to know whom the owner is. Hence a registered document gains priority over an unregistered document even if the unregistered document is prior in date. Therefore, if a properly registered notarial conveyance (the deed) in favour of the owner is available with the owner, and the Land Registry Folios are available too, there will be no problem in determining the title holder to that property. In the event of the non-availability of a notarial conveyance (but registered) with the owner, a search of the folio wherein the particulars of that parcel of land is registered will indicate the position of ownership and its encumbrances, if any. If the registered notarial conveyance is available (but the Land Registry Folios are unavailable) ownership could be assumed in favour of the owner whose name appears as the transferee in the conveyance. This would, however, only be an assumption as there is a possibility of someone else holding a previously registered conveyance that in law could claim priority. In the event that both the registration folios at the Land Registry and the original notarial conveyance are unavailable, one should look for the duplicate of such notarial document. This would be held in the Land Registry, in which the attesting notary had practised/is practising. (Section 31 Rule (26)(a) of the Notaries Ordinance makes it compulsory for a Notary to transmit a duplicate copy of the deed to the Land Registry). If the duplicate copy has not been submitted, or the Land Registry where the duplicate copy was preserved does not hold it, one should look for the third copy (protocol) kept by the attesting Notary. (Section 31 Rule (24) of the Notaries Ordinance makes it compulsory for a Notary to retain a third copy of the deed). 7