Section 34: Applying for a Certificate of Occupancy
34.Certificate of occupancy
(1)A tenant by occupancy may apply to the registered owner for and be issued with a certificate of occupancy in the prescribed form in respect of the land which he or she occupies in accordance with this section.
(2)On receipt of the application, the registered owner shall notify the committee; and the committee shall appoint a day, being not less than three weeks and not more than three months from the date of the receipt of the application, when it will meet at the place where the land is situated to determine, verify and adjudicate on the boundaries to the land and shall inform the tenant by occupancy and the owner of that date.
(3)In exercising its functions of determining, verifying and adjudicating on the boundaries of the land, the committee shall, in the exercise of any of its powers under this section which involve a hearing of the affected parties, comply with the rules of natural justice and, subject to that duty, mayβ
(a)hear evidence which would not be admissible in a court of law;
(b)call evidence of its own motion;
(c)use evidence contained in any official record or adduced in any other claim; and
(d)generally, determine its own procedures.
(4)A determination of the committee on the boundaries of the land shall be sent to the tenant in occupancy and the owner of the land.
(5)A tenant in occupancy shall only be entitled to be issued with a certificate of occupancy if he or she has paid the ground rent for the land and has no arrears of ground rent outstanding or where there are arrears, the matter has been determined by a decision of a district land tribunal under section 32.
(6)Subject to subsection (5), on receipt of the determination of the committee, the owner shall, without undue delay, give a consent in the prescribed form to the tenant.
(7)Where the registered owner has not, within six months after the receipt of the determination of the committee, granted a consent to a certificate of occupancy to the tenant by occupancy, the tenant may appeal to a district land tribunal; and the district land tribunal shall proceed as provided for in this Act to grant a consent to the certificate of occupancy.
(8)A grant of consent shall entitle the tenant by occupancy to be issued with a certificate of occupancy by the recorder, and the recorder shall, on being satisfied with the grant of consent, issue a certificate of occupancy to the tenant by occupancy who presented the grant of consent to the recorder.
(9)The recorder shall notify the Registrar of Titles of the issue of a certificate of occupancy and an encumbrance to that effect shall be endorsed on the certificate of title by the Registrar of Titles.
Plain English Summary
If you are a tenant by occupancy, you have the right to apply for a certificate of occupancy from the land owner. The owner must notify the land commi...
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