Leasehold PTOs Leasehold PTOs

Introduction

Section 35 of the Communal Land Reform Act (CLRA) of 2002 stipulates that any person who, before the commencement of the Act held a right to occupy communal land for business purpose must apply for recognition and registration of such rights. This article therefore explains the procedures that ought to be in the recognition and registration of such rights on communal land.

This article briefly outlines the steps to be followed in the convention of permission to occupy (PTO) into leasehold rights and registration of such rights

STEP 1
Completing an application form
People who held PTOs before 1st March 2003 (Commencement of the CLRA) MUST apply for convention of their PTO Rights into rights of leasehold and registration of the rights. (Form 8).  Such applications must be done on or before March 2009.


Step 2
Documents to accompany (Support) the application
The application for convention of a PTO into leasehold must be supported by any documents that prove that the application has a use right to the land applied for e.g. Original PTO certificate, letter from the Chief or Traditional Authority (TA) supporting the claim or any other information the Chief or TA may wish to bring to the attention of the board.

 

STEP 3
Consideration of the application by the Land Board
Once the board receives the application, the Secretary checks the application for details. During Consideration of the application, the board has the following powers:

  • Consult people
  • May conduct an investigation on the manner how such right was acquired, etc
  • Whether any person claims right to the land
  • Whether the land is fenced off.
  • Boundaries of the land in question.
  • Advertise the application for 7 days to invite parties to lodge any objections to the claim

STEP 4
Convention and granting of right or refusal
After step 3 exhausted, the board may either grant the right or refuse to grant. If granted the board will:

  • State conditions of the right of leasehold
  • Period of time within which the offer must be accepted ( not less than 90 days).
  • Lease period.
  • Inform the applicant of the conditions and lease period for the applicant to accept or decline the offer.

Where the board is not satisfied to claim, it has the power to:

  • Call a hearing
  • Affirm the claim subject to variation e.g. size
  • Grand the right to the application as a new application or to alternative land.

STEP 5
Signing of deed of leasehold
Once a right of PTO/ leasehold is granted, a deed of leasehold must be signed between the application and the board.

STEP 6
Registration of right of leasehold

Once the right is granted and deed f leasehold signed, all particulars related to such allocation must be entered into the register and the holder must be issued with a certificate of registration