SOME ASPECTS OF RECORDS PERTAINING TO LAND OWNERSHIP IN SRI LANKA FROM 1800 A.D. ONWARDS By S. Berugoda

 

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Introduction

An attempt was made by Governor North to introduce a systematic land recording system which would have resolved several problems associated with land ownership in Sri Lanka. His principal concern lay in the adverse consequences of holding land in undivided shares. Accordingly, the initiative was directed towards the partitioning of such lands and the maintenance of proper records. However, this attempt ultimately failed.

During the early nineteenth century, extensive land development activities took place. Unfortunately, these developments did not adequately consider the necessity of maintaining systematic land records, resulting in a significant administrative gap.

By around 1840, various authorities began emphasizing the importance of establishing a structured system of land records. This led to the enactment of legislation in 1863, which introduced a system of registration of deeds across the country. Subsequently, an attempt was made to introduce title registration in a limited area around Colombo, though this initiative was discontinued after a few years.

Need for Systematic Land Records

A proper land record system must ensure:

Clear and unambiguous identification of land parcels

Accurate definition of rights and interests in land

Identification of all parties holding such rights

Survey plans play a crucial role in achieving this clarity and therefore form an integral component of land records.

The nature of rights and interests in land varies depending on the legal and socio economic framework of society. Consequently, the structure of land records must evolve in response to these changing needs.

Land Records Prior to 1800

In ancient times, land grants were initially conveyed through oral proclamations. Over time, these evolved into inscriptions on rock and cave surfaces, and later into written grants on copper plates and other materials.

During the Kandyan period, the Lekammiti records functioned as land registers and also reflected the socio economic conditions of the time. Similarly, Portuguese and Dutch administrative systems maintained records such as Tombos and Forais, which contained valuable land information.

The Dutch administration attempted to compile systematic land records through surveys. Although not all lands were surveyed, their structured approach demonstrates an early effort toward organized land administration.

Developments After 1800

In 1799, Governor North initiated the preparation of a register identifying persons connected with land tenure obligations. This marked the beginning of formal land record compilation under British rule.

The Land Proclamation of 1800 sought to:

Eliminate undivided ownership

Grant title to occupiers without formal ownership

Provide land grants for agricultural purposes

Establish a land register

To support this, the Survey Department was established in 1800. However, due to various practical challenges, these early initiatives were withdrawn in 1802.

Survey and Registration Systems

The Survey Department later operated under statutory provisions and maintained records such as field books and survey plans. These records became essential for land identification and administration.

From 1863 onwards, Sri Lanka adopted a system of registration of deeds, which records transactions affecting land but does not guarantee title. This system remains in operation today.

Attempts were made to introduce registration of title, involving:

Detailed cadastral surveys

Investigation of ownership claims

Issuance of certificates of title

However, due to high costs and administrative complexity, the system was abandoned after limited implementation.

Partition and Undivided Ownership

The persistence of undivided ownership in Sri Lanka is partly due to the influence of multiple legal systems, including Roman Dutch Law and personal laws.

Even after early reforms failed, co owners could seek partition through legal proceedings. Over time, statutory provisions such as:

Partition Ordinance 1844

Partition Ordinance 1863

Partition Act 1951

Partition Law 1977

were introduced to regulate this process.

Partition proceedings often involve lengthy court procedures, culminating in a final decree or certificate of sale supported by survey plans.

Modern Challenges in Land Records

Today, land information is dispersed across multiple institutions, including:

Land Registries

Survey Department

District Kachcheries

Local authorities

Agrarian Services records

 

This fragmented system creates difficulties in determining clear title, as individuals must consult multiple sources to verify ownership.

Need for Reform

The existing system highlights the urgent need for:

A unified land information system

Registration of title providing conclusive ownership

Improved coordination among government agencies

Numerous committees and commissions have recommended the introduction of a comprehensive title registration system. Despite these recommendations, implementation has been delayed.

Conclusion

From the early nineteenth century to the present, Sri Lanka has made repeated attempts to address issues in land ownership and record keeping. While significant legislative and administrative developments have occurred, many of the fundamental problems identified as early as 1800 continue to persist.

In contrast, several other countries have successfully implemented comprehensive title registration systems. Sri Lanka’s continued reliance on fragmented record systems underscores the need for decisive reform in land administration.