State leases contain clauses prohibiting transfer without consent

THE traditional justification for issuing leases is that it enables the state to insert conditions requiring that the lessee takes steps to carry out certain works failing which the lease can be forfeited. This is indeed a valid consideration at first appearance though in the large-majority of cases the situation is not in fact monitored and the conditions are ignored. It was said 35 leases and 25 approvals for transports were distributed for the first time under the present administration at the Ministry of Agriculture which created history. During the post 1992 period the first Minister of Agriculture, Reepu Daman Persaud, found a disorganised situation as regards the processing of titles when he assumed office but had been working to regularise the situation and in 1998, 900 titles had been issued.
He was looking at a progressive programme of land tenure because people have to be armed with land titles and leases which, when they do not have, they are denied the opportunity of so many things, including the right and liberty to access finance for their development. Surveys were often needed which caused delays, many people had been occupying land for many years without any proof of possession. It is vital that farmers should have adequate title to the land they occupy. Without that it is difficult to borrow funds for crops. In addition, they may lack the motivation to develop the land properly including homesteads, fencing and drainage. In addition, as regards inheritance, State leases often contain clauses to the effect that they cannot be transferred without the state’s consent.

MOHAMED KHAN

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