The Village Land Act R.E. 2002
The Village Land Act R.E. 2002 The Village Land Act R.E. 2002
(2) An assignment of a customary right of occupancy may be made to a person or group ofpersons not ordinarily resident in a village if and only if–(a)(b)(c)(d)(e)(f)the village council approves of the assignment;there is an agreement prior to the assignment;in event of termination of the agreement the assignment shall be made to a citizen;that person or the authorised representative of that group of persons make and sign adeposition that he or they will make that village his or their principal place of residenceor work or commence the construction of one or more houses to be a principal placeof residence within six months of that deposition; orthat person or that group of persons make and sign a deposition that he or they willwithin six months of the making of that deposition commence the construction ofsome industrial, commercial or other building which is likely to provide benefit forvillagers or the village; orthat person or that group of persons make and sign a deposition that he or they intendwithin six months of the making of that deposition to commence some agricultural,mining, tourist or other development which is be likely to provide benefit to villagers orthe village.(3) The parties to a proposed assignment shall notify the village council on a prescribedform of that proposed assignment not less than sixty days before it is proposed.(4) The village council shall disallow an assignment which–(a)(b)(c)(d)would result in the assignee occupying an amount of land in excess of the prescribedmaximum for that village;would operate or would be likely to operate to defeat the right of any woman tooccupy land under a customary right of occupancy, a derivative right or as asuccessor in title to the assignor;would result in the assignor occupying an amount of land insufficient to provide for hislivelihood or where he has a family or other dependants, for their livelihood;is to be made to a person or group of persons referred to in subsection (2) and–(i)(ii)those persons have not made the required deposition; orthe village council is in possession of clear evidence that, notwithstanding that adeposition has been made, the person or persons who made the deposition donot intend to comply with it;
(e)is to be made to a person who occupies land under a customary right of occupancybut is and has been for not less than six months in breach of–(i)(ii)one or more terms and conditions subject to which he occupies land under thatcustomary right of occupancy; orany rules applicable to the land or the use of the land which he occupies underthat customary right of occupancy;(f)does not comply with any other matters which may be prescribed.(5) Where a village council determine to disallow an assignment, it shall send or deliver tothe parties within sixty days of the receipt of a notice of assignment, a notice to disallow theproposed assignment in the prescribed form.(6) An assignment that infringes the criteria set out in subsection (4) or that is madenotwithstanding the service of a notice to disallow on one or both parties to the assignmentshall be void.(7) A village council shall–(a)(b)send a copy of any notification of assignment and any notice to disallow to theCommissioner;record any assignment of a customary right of occupancy and any notice to disallowin the register of village land.31. Approval required for private disposition of derivative right(1) This section applies to the disposition, by the holder of a certificate of occupancy or rightof occupancy, of a derivative right in the land held for a customary right of occupancy.(2) A disposition of a derivative right to which this section applies shall–(a) comply with the provisions of this section and the sections 32 and 33;(b)be void if the provisions of the sections referred to in paragraph (a) are not compliedwith.(3) Unless otherwise provided for by this Act or regulations made under this Act, adisposition of a derivative right shall require the approval of the village council havingjurisdiction over the village land out of which that right may be granted.(4)(a) The grant of a lease, a licence, a usufruct or an equivalent interest in customary lawfrom year to year or for a lesser period to a person ordinarily residing in the village from aperson ordinarily residing in the village; and
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(e)is to be made to a person who occupies land under a customary right of occupancybut is and has been for not less than six months in breach of–(i)(ii)one or more terms and conditions subject to which he occupies land under thatcustomary right of occupancy; orany rules applicable to the land or the use of the land which he occupies underthat customary right of occupancy;(f)does not comply with any other matters which may be prescribed.(5) Where a village council determine to disallow an assignment, it shall send or deliver tothe parties within sixty days of the receipt of a notice of assignment, a notice to disallow theproposed assignment in the prescribed form.(6) An assignment that infringes the criteria set out in subsection (4) or that is madenotwithstanding the service of a notice to disallow on one or both parties to the assignmentshall be void.(7) A village council shall–(a)(b)send a copy of any notification of assignment and any notice to disallow to theCommissioner;record any assignment of a customary right of occupancy and any notice to disallowin the register of village land.31. Approval required for private disposition of derivative right(1) This section applies to the disposition, by the holder of a certificate of occupancy or rightof occupancy, of a derivative right in the land held for a customary right of occupancy.(2) A disposition of a derivative right to which this section applies shall–(a) comply with the provisions of this section and the sections 32 and 33;(b)be void if the provisions of the sections referred to in paragraph (a) are not compliedwith.(3) Unless otherwise provided for by this <strong>Act</strong> or regulations made under this <strong>Act</strong>, adisposition of a derivative right shall require the approval of the village council havingjurisdiction over the village land out of which that right may be granted.(4)(a) <strong>The</strong> grant of a lease, a licence, a usufruct or an equivalent interest in customary lawfrom year to year or for a lesser period to a person ordinarily residing in the village from aperson ordinarily residing in the village; and
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