Land Law

Year: III Semester: VI

Course Objectives:

a. To provide general and theoretical knowledge on real property law.
b. To provide knowledge on land records, land transfer, boundary, security of tenure, and records and guarantee of real properties.
c. To train in drafting the Acts of real property.
d. To provide knowledge of real property law of the UK, Australia, India, and other countries.

Course Contents:

1. Introduction to Law of Property and Land Law (8 hours)

1.1 Brief Introduction to Law of Real Property
1.2 Introduction to Land Law
1.3 Importance of Land Law on the development of the country
1.4 Information technology and records of real property rights
1.5 Real Property and asset
1.6 Traditional land ownership system

2. Land Rights and Records (5 hours)

2.1 Introduction to Land Rights and Records
2.2 Records and parcel definition
2.3 Field book, Plot Register, Cadastral Map, and cross-reference
2.4 Other Records (Illustrative and descriptive)

3. Legislation to Sustainable Development (5 hours)

3.1 Legislation to Survey and Mapping
3.2 Legislation to Land Tenure and Equity
3.3 Legislation to Land Information System
3.4 Legislation to Conservation of Environment
3.5 Legislation to equitable access to land/real property
3.6 Legislation to suitable development

4. Legislation to Land Information System (5 hours)

4.1 Legislation to Land Information System
4.2 Legislation to computerized land Information and digital data

5. Following Prevalent Land Legislation of Countries (5 hours)

Land law of India, Australia, and China

6. Land (Real Property) Laws of Nepal (12 hours)

6.1 Constitution
6.2 Civil Code
6.3 Land Acts, Bye-law, rules, and procedures
6.4 Land Reform Act, 2021
6.5 Land Revenue Act
6.6 Guthi Act
6.7 Land Acquisition Act
6.8 Land Use Act
6.9 SDI regulation
6.10 Forest Act
6.11 Joint Residence Act, 2054
6.12 Other Land-Related Directives
6.13 Local Government Economic Act and Provincial Government Economic Act

7. Issues Related to Land Laws (5 hours)

7.1 Ownership and possession
7.2 Land dispute
7.3 Land cultivation and registration

Exercise: Integrated Land Act

• Preparation of a comparative chart of Land (Real Property) law of Nepal, Australia, UK, China, and India.
• Prepare a draft resolution for the amendment of a land-related Act.
• Adjudicate the cases of land disputes.

Recommended Reading and Reference Books:

1. Constitutions
2. National Legal Code (d'n'sL P]g, @)@)_
3. Land (Survey and Measurement) Act, 1961
4. Land (Survey and Measurement) Byelaw/ Rules, 2001
5. Guthi Act, 2036, and Guthi Byelaw/ Rules
6. K.P. Sharma, System of Land Registration and Practice in Nepal
7. Related laws of the concerned countries
8. S.R. Simpson, Land Law and Registration
9. R.B. Carson, Land Law
10. J.F. Keen and R.L.S., Land Surveying Law

Final Examination Scheme

Model Questions

Very short questions [4×2 = 8]

1. What do you understand by Real Property?
2. Define parcel and Land Records.
3. What is a Land Information System?
4. Write some problems related to barren land in Nepal.

Short questions [8×4 = 32]

5. How does ICT (Information Communication Technology) assist in protecting land rights?
6. List the rights of an owner of land and explain them briefly.
7. Describe briefly the various survey regulations related to the registration of the right of the owner.
8. What is equitable access to real property? Describe briefly how they are supported by international and national legislation.
9. Describe briefly how the legislation supports computerized land information.
10. Describe how the real property of a person/organization is protected by the constitution.
11. In what situation will the government acquire land, and how are they compensated?
12. Describe briefly the main problems related to land law.

Long questions [2×10 = 20]

13. Describe briefly the land law of the United Kingdom related to land registration after the sale of a piece of land.
14. Comment on the Land (Survey & Measurement) Act 2019 in the present digital environment.
    OR
    What changes would you propose to the Land-Related Act 2021 to address the need for the fulfillment of Sustainable Development Goals?