Proclamation to Provide for the Registration of Land and Other Immovable Property (No. 95/1997).

Subject

Land & soil

Keyword

Land reform Cadastre/land registration Land tenure Survey/mapping Right of use Lease Transfer

Geographical area

Africa, Eastern Africa, Least Developed Countries, Red Sea & Gulf of Aden

Entry into force notes

This Proclamation shall come into force on the date of its publication on the Gazette of Eritrean Laws (art. 6(9)).

Abstract

This Proclamation makes provision for the registration of land and other immovable property. It provides for the establishment of a Cadastral Office, for the registration of all land, rights over land and duties that emanate from such rights, and the transfer of property through sales, donation, succession or other manner. The registration system shall use the application forms and certificate pursuant to Legal Notice No. 31/1997. On the basis of the abovementioned documentation, the Cadastral Office shall keep a map or plan that clearly shows parcel features and boundaries. Said map or plan shall be submitted to the court, whenever requested, in the case of land relating disputes. Any land shall not be allocated without being lawfully registered and given an identification number. Any immovable property erected over land shall be registered upon habitation licence (art. 4(1)). Further provisions regulate the following: (a) conversion of agricultural usufruct into leasehold; (b) transfer of immovable property erected over land; (c) sub-lease of agricultural usufruct; (d) mortgage of immovable property.

Full text

English

References - Legislation

Implements

Land Proclamation (No. 58/1994).

Legislation | Eritrea | 1994

Keyword: Basic legislation, Land reform, Land tenure, Public land, Right of use, Lease, Foreign land tenure, Cadastre/land registration, Land commission, Agricultural land, Urban land, Use restrictions, Expropriation, Smallholders/peasants, Size

Source: FAO, FAOLEX

Regulation to Provide for the Procedure of Allocation and Administration of Land (L.N. No. 31/1997).

Legislation | Eritrea | 1997

Keyword: Public land, Urban land, Agricultural land, Tax/levy, Right of use, Land reform, Land tenure, Lease, Contract/agreement, Survey/mapping, Land-use planning, Expropriation, Smallholders/peasants, Offences/penalties, Size

Source: FAO, FAOLEX