REVERSION OF CERTAIN LANDS ACT

REVERSION OF CERTAIN LANDS

CHAPTER 432

REVERSION OF CERTAIN LANDS ACT

To make provision for the restitution of land expropriated by virtue of

the Building Development Areas Act.

1st September, 2001

ACT XVII of 2001 , as amended by Legal Notices 181 and 186 of 2006.

The short title of this Act is Reversion of Certain Lands

Act.

In this Act, unless the context otherwise requires -

"the Act" means the Building Development Areas Act;

"Building Development Area" has the same meaning assigned to

it in the Act.

(1) Subject to the provisions of this Act any land within a

Building Development Area acquired in full ownership under the

provisions of the Act as provided in article 5 thereof, upon

publication in the Government Gazette of a legal notice to the

effect that Government is relinquishing ownership of the said land,

shall with effect from the date on which the land in question was

acquired as aforesaid, and by virtue of this Act without any other

formality required bylaw, revert to the person or persons to whom

the land belonged, whether in full ownership or by title of direct or

bare ownership, direct or utile dominium, usufruct, use or

habitation, as if the acquisition by virtue of article 5 of the Act has

never taken place.

(2) Upon such reversion any charge, hypothec or privilege and

any other real right not mentioned in subarticle (1), as well as any

lease to which the land was subject, shall revive as if it had never

ceased to exist and shall continue to be operative, subject to the

cessation or extinction of such right which would have ceased or

have been extinguished before such reversion either in accordance

with any agreement or by operation of law had the acquisition

contemplated by the Act not taken place.

(3) The owners of the land shall register their title at the Land

Registry in terms of the Land Registration Act within three months

of such reversion. Such registration will not entitle them to an

immediate issue of a "guaranteed title".

(1) Upon the reversion aforesaid, any compensation

payable by virtue of the Act, or any other law, to any person

claiming a right or interest over or in any land acquired by virtue of

article 5 of the Act, including any compensation claimed for any

period during which such land was not in his possession or any

rights thereon were not exercisable, shall cease to be payable

Provided that where, in respect of any land, right or

interest, a person can show to the satisfaction of the Civil Court,

First Hall, that had the land or right not reverted to him as provided

REVERSION OF CERTAIN LANDS

by article 3, the compensation to which he would have been entitled

would have been greater than the value of the land, right or interest

aforesaid at the time of reversion, such person shall be entitled to

be paid the difference in value, and where no land, right or interest

can revert by virtue of that article, the compensation payable by

virtue of the Act, or any other law, shall continue to be payable.

(2) Any claim made under the proviso to subarticle (1) shall

only be entertained if made by sworn application filed before the

lapse of one year from the coming into force of this Act.

Where the persons from whom the land in question was

acquired have transferred their rights to compensation to any other

person whether by act inter vivos or causa mortis, the transfer shall,

unless otherwise agreed to in the act of transfer, be deemed to be

the transfer of the land or other interest therein represented by such

rights.