Principles of adjudication

(1) in preparing the adjudication record, where the records officer is satisfied that, (a) a person is in open, peaceful and adverse possession of a parcel (other than the foreshore) and has been in such possession by himself or by his predecessors in title for an uninterrupted period of twelve years or more without the permission of any person lawfully entitled to such possession, he shall record that person as the owner of the parcel and declare his title to be provisional; (b) a person is in open, peaceful and adverse possession of a parcel of national land (other than the foreshore) and has been in such possession by himself or by his predecessors in title for an uninterrupted period of thirty years or more and without the permission of any lawfully entitled to such possession, he shall record that person as the owner of the parcel and declare his title to be provisional; 15 (c) a person has good documentary title to the land and that no other person has acquired a title thereto under any law relating to prescription or limitation, and that he would succeed in maintaining or defending such possession or title against any other person claiming the land or any part thereof, he shall record that person as the owner of the parcel and declare his title to be absolute; (d) Any land is subject to any right which is registrable as a lease, charge, easement, profit or restrictive covenant or agreement under the Registered Land Act, Cap. 194, he shall record such particulars as shall enable the right and the name of the person entitled to the benefit thereof to be registered; (e) a person is in possession of, or has a right to, a parcel but is not satisfied that such person is entitled to be recorded under paragraph (c) of this subsection as the owner of the parcel with absolute title, he may nevertheless record that person as the owner of the parcel and declare his title to be provisional and shall record, (i) The date on which the possession of that person shall be considered to have begun; (ii) particulars of any deed, instrument or other document by virtue of which some estate, right or interest, adverse to or in derogation of, the title of that person may exist; or (iii) Any other qualification which affects the title. 16 (2) For the purpose of this section, (a) a person is deemed to be in possession of land if he does not acknowledge the title of any other person to that land and by himself, his agent, tenant or servant, actually uses or has used the land to the exclusion of the public; (b) “good documentary title” means a title evidenced by documents which establishes that a person is entitled to land in fee simple and which title commenced with a grant, conveyance, assignment, mortgage or other good root of title which is more than twelve years old; (c) Paragraphs (a) and (b) of subsection (1) of this section shall not apply to the foreshore. (3) The records officer shall follow the rules laid down in section 17 of this Act.