Acquire proof of previous ownership at the Land Information Department
Agency: Land Information Department (Ministry of Environment, Land and Agriculture Development)
The buyer will search the title to see if the seller is the rightful owner of this property.
Time and cost: 1 day, no charge
Property is surveyed and any changes made on the property are recorded
Agency: Survey and Mapping Technical Department
If the land is freehold, and was not rented to the government, this formality of sub-leasing from the government is not necessary. But in the case of sub-leased land, then this land is given back to the government and then it is sub-leased again to the new owner. In this case, the applicant must lodge an application with the Land Planning Department within Land Management Division and fill out the required form and follow the procedure stated in the form. Then the Sublease Allocation Advisory Committee (SAAC) will have to go through the application and decide. Then submitted for Cabinet’s final approval and return to Land Management Division for final actions.
Time and cost: 31 days, AUD 30
Both parties appear at the Magistrate Court to endorse the transfer
Agency: Magistrates’ Court
There is a waiting period between each phase of the process: the application is filed, the decision is made, appeals are allowed, then final review of the case, and finally the name of the new owner is inscribed.
Time and cost: 115 days, AUD 8 (AUD 3 the court summon + AUD 5 the land boundary)
Magistrate court reviews case to endorse transfer
Agency: Magistrates’ Court
If after the waiting period there were no appeals to the transfer, then there is a final review of the case and the transfer is endorsed. There are still a lot of land disputes in Kiribati as land belongs to families rather than an individual. If all owners have not agreed and sign on the sale agreement, then disputes will arise. Land disputes are varied but in general, most fall into two main categories, being either a registration of land, claiming an interest in the land from an ancestor (ownership) or a boundary determination dispute. Often, after these proceedings have been finalized, and a judgment given, the dispute may continue as a result of either a party entitled to be summoned, not being summoned to the original proceedings to be heard on the question of ownership, a party arguing that there was no entitlement for another party to have the land registered in their name or to be heard, or simply that the boundary outlined by the Magistrate was inconsistent with the original boundary.
Time and cost: 365 days, no charge
Magistrate Court issues a certificate of ownership
Agency: Land Information Department (Ministry of Environment, Land and Agriculture Development)
The Magistrates’ Court provides court minutes and updates of the new registered owners after the final decisions made by the Magistrates. Then the Land Management Division updates the Kiribati Land Information & Management System by entering the information about the new registered landowner and issues the certificate of ownership.
Time and cost: 1 day, AUD 5
