§ 18 — Resumption procedure

18.—(1) A Collector may, with the approval of the Minister, declare in writing that any land that has been abandoned for 3 years or more by —(a)

the person to whom the land was alienated or demised by or on behalf of the State; or

(b)

any person claiming title through a person in paragraph (a),

is liable to forfeiture to the State.

(2) Once a declaration is made under subsection (1) with respect to any land, the Collector must cause to be published a notice of the making of the declaration (called in this section a resumption notice) without delay in the Gazette.

(3) Failure to publish a resumption notice in respect of any declaration under subsection (1) does not invalidate the declaration.

(4) If, at the end of 3 months after the day on which a resumption notice is published in accordance with subsection (2) with respect to any land —(a)

there is no person who appears, to the satisfaction of the Collector, to have a claim to the land or to any interest in the land; or

(b)

there is such a person but that person has not exercised the person’s right to recover possession of that land by a claim,

that land is deemed forfeited to the State immediately after the end of that period of 3 months; and any grant or lease affecting, and any deed purporting to deal with, the land or any part of the land that is forfeited to the State under this section is void insofar as it relates to that land or part thereof.

(5) The Collector must cause to be published a notice that the land is forfeited to the State under subsection (4) —(a)

in the Gazette; and

(b)

in any other manner that will secure adequate publicity for the fact of forfeiture of that land.

—(1) A Collector may, with the approval of the Minister, declare in writing that any land that has been abandoned for 3 years or more by —(a)

the person to whom the land was alienated or demised by or on behalf of the State; or

(b)

any person claiming title through a person in paragraph (a),

is liable to forfeiture to the State.

(2) Once a declaration is made under subsection (1) with respect to any land, the Collector must cause to be published a notice of the making of the declaration (called in this section a resumption notice) without delay in the Gazette.

(3) Failure to publish a resumption notice in respect of any declaration under subsection (1) does not invalidate the declaration.

(4) If, at the end of 3 months after the day on which a resumption notice is published in accordance with subsection (2) with respect to any land —(a)

there is no person who appears, to the satisfaction of the Collector, to have a claim to the land or to any interest in the land; or

(b)

there is such a person but that person has not exercised the person’s right to recover possession of that land by a claim,

that land is deemed forfeited to the State immediately after the end of that period of 3 months; and any grant or lease affecting, and any deed purporting to deal with, the land or any part of the land that is forfeited to the State under this section is void insofar as it relates to that land or part thereof.

(5) The Collector must cause to be published a notice that the land is forfeited to the State under subsection (4) —(a)

in the Gazette; and

(b)

in any other manner that will secure adequate publicity for the fact of forfeiture of that land.