In the event that the Land Registry Folios are unavailable, the Registrar General should reconstruct the folio pursuant to the provisions set out in the Land Registers (Reconstructed Folios) Ordinance. It is, therefore, clear that registration of a deed is not an essential criterion for conferring title and non-registration of title deeds during the conflict period, in our view, should not create undue problems for land owners. They are free to register their title deeds at any time and may do so even now. Though existing provisions in the law are adequate, administrative mechanisms should, however, be put in place to resolve disputes that arise in the future. The only problem that may arise, however, is the question of “priority” in circumstances where a subsequent deed has been executed and registered first in regard to the same parcel of land. The non-registration of a previous deed may be due to the following reasons: • Non-functionality of the relevant Land Registry during the period in which the deed was executed or thereafter; • Non-accessibility of the relevant Land Registry; or because • The owner of the land failed to tender the document for registration. The execution of a subsequent deed can only have occurred in the following circumstances: • The executant of the previous deed practising fraud and executing a subsequent deed; • The executant of the previous deed being dead; his or her heirs executing a deed without knowledge of the first deed; • The possessor of the parcel of land executing a conveyance on his prescriptive title with or without knowledge of the owner having executed a previous deed. If the title deeds are available but not registered, an opportunity should be given to those who hold the title deed to tender it for registration. However, if the Land Registry was functional and accessible, our view is that ordinary law should apply. The existing provisions in the law are adequate though some administrative mechanisms should be put in place to resolve disputes that arise in regard to non-registration of title deeds. Amendments to the principle of granting “priority” to registered deeds may be necessary (time and territory limited) since, in many cases, title deeds have not been registered during the conflict period. In the event of a subsequent deed being executed by practice of fraud or without the knowledge of the previous deed, the remedy would be to sue the person concerned. If such issues occur in large numbers, the existing judicial capacity may not be sufficient to resolve those issues. 2) Displaced owner wishes to return to property occupied by another Most returning refugees and IDPs find other people in occupation of their properties. If they seek to evict the occupants they will have to follow laid down legal procedures. Should they seek to physically evict occupants without recourse to the law, there is still provision in law to restore possession to the person evicted. 8