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Asian Tribune is published by E-LANKA MEDIA(PVT)Ltd. Vol. 20 No. 83

Land Owners Threatened Possession, Now Have Relief via Prescription (Special Provision) Act No. 5 of 2016

Colombo, 24 June, (Asiantribune.com):

The Prescription (Special Provision) Bill which was shelved for a long period have now been revived by the Government to provide relief to the people, who were forced to abandon their properties due to the situation that prevailed in the country from May 1983 to May 2009 and to enable them to claim their titles for their properties due to prescriptive actions of the illegal and encroached occupants.

The Law has been enacted as Prescription (Special Provision) Act No. 5 of 2016.

This Law has come into operation, according to Ministry of Prison Reforms, Rehabilitation, Resettlement and Hindu Religious Affairs, On the initiative of the President Maithripala Srisena and Prime Minister Ranil Wickremasinghe,

In a Media Message Ministry of Prison Reforms, Rehabilitation, Resettlement and Hindu Religious Affairs states as follows:

This Prescription (Special Provision) Act provides relief to the disadvantaged people who were affected by militant terrorist groups and were unable to pursue rights under the existed Prescription Ordinance in a court of law.

According to the Prescription Ordinance, if a person is in undisturbed, uninterrupted adverse possession of an immovable property for more than ten years such person has the right to acquire prescriptive title to the immovable property. In several instances, under conflict situation, outsiders had encroached and illegally occupied properties and now attempting to claim prescriptive title to the immovable property and lands.

Such prescriptive actions have affected the people in the conflict affected areas specially as they were forced to abandoned their properties and specially those who fall under the category of IDPs and refugees. Such persons who were formally residence of the Northern and Eastern Provinces of the country and these affected people will now be benefited by the Prescription (Special Provision) Act, as it enables them to claim the titles of their properties.

This special provision in the law is in operation only for a period of two years. Therefore, the disadvantaged persons, largely those affected by conflict and were formally residence of the Northern and Eastern Provinces of the country who are affected due to illegal and encroached occupants should make best use of the provisions of this new act to claim title to the encroached and illegally occupied properties and lands lost during conflict period. It is time for them to file action in the court of law within the two-year period as this relief is only available for such short period.

This Prescription (Special Provision) Act 5 of 2016 is a very timely and appropriate relief to generally all these who were offered by Military terrorist group and in particular by those conflict affected families in the Northern and Eastern Provinces to reclaim the titles for their valuable immovable properties and land under prescriptive actions and help to resettle in their originally owned land after the three-decade old war.

- Asian Tribune -

Land Owners Threatened Possession, Now Have  Relief via   Prescription (Special Provision) Act No. 5 of 2016
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