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Land and Property

Land is the hardest subject in Papua New Guinean law and the one that affects the most people. This series answers 115 questions on it, drawn from the Land Act 1996, the Land Registration Act, and the two Acts that govern freehold and the conversion of customary tenure.

About 97 per cent of the land in Papua New Guinea is customary land, held by clans and kinship groups rather than by individuals with title deeds. The remaining few per cent — government land, held under State leases and recorded on a Torrens register — is where nearly all of the written law operates. Understanding which kind of land you are dealing with is the first question in every land problem, and getting it wrong is the most expensive mistake made in this country.

The Land Act 1996: how land works

What the Act covers, the difference between customary and government land, who administers land, and what a State lease actually is.

Acquisition of land by the State

How the State gets land - by agreement, by lease-leaseback, and by compulsory process - and what protections apply.

No. 6

How Does the State Acquire Customary Land?

How the State acquires customary land in PNG under the Land Act 1996: acquisition by agreement, the “not required” test, determination of ownership, and the appointment of an agent.

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No. 7

What Is Lease-Leaseback, and What Is an SABL?

Lease-leaseback and special agricultural and business leases (SABLs) in PNG: section 11 of the Land Act 1996, the suspension of customary rights, and the section 66 protection.

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No. 8

When Can the State Compulsorily Acquire Land?

Compulsory acquisition under section 12 of the PNG Land Act 1996: the three triggers, what vesting means, conversion of interests into compensation claims, and the constitutional limits.

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No. 9

What Is a Notice to Treat?

Section 13 of the PNG Land Act 1996: the notice to treat, the two-month reply, withdrawal and compensation for loss, and the special reasons certificate.

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No. 10

What Happens to a Mortgage When the State Takes the Land?

Division 7 of Part III of the PNG Land Act 1996: what happens to a mortgage on compulsory acquisition, the mortgagee's election, deemed waiver, and the effect on the mortgagor.

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No. 11

Who Can Deal With the State When the Owner Is Under a Disability?

Section 17 of the PNG Land Act 1996: who may deal with the State on behalf of persons under a legal disability and limited owners, and the special position of customary landowners.

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No. 12

What Happens to Land the State No Longer Needs?

Division 9 of Part III of the PNG Land Act 1996: disposal of resumed land, the seven-year rule for former customary land, the substantial improvements exception, and protection of purchasers.

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No. 13

What Is Reserved Land?

Part V of the PNG Land Act 1996: reservation of land from lease or further lease, what it means for existing lessees, and how reservations are made and revoked.

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Compensation

Who can claim, how a claim is made, the principles of assessment, agreement, arbitration, the courts, and when payment and interest fall due.

No. 14

Who Can Claim Compensation When Land Is Taken?

Section 21 of the PNG Land Act 1996: who may claim compensation for compulsorily acquired land, the one-year limit, acceptance and rejection, and the three-month deeming rule.

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No. 15

How Is Compensation for Acquired Land Assessed?

Division 3 of Part IV of the PNG Land Act 1996: the principles of compensation, the no-scheme rule, severance, set-off for enhancement, and the special defence and navigation rule.

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No. 16

How Do I Actually Make a Compensation Claim?

The practical mechanics of a compensation claim under Part IV of the PNG Land Act 1996: what to include, the deadlines, prima facie evidence, and what to do if the claim is rejected.

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No. 17

Can Compensation Be Agreed, or Sent to Arbitration?

Divisions 4 and 5 of Part IV of the PNG Land Act 1996: agreement on compensation before and after acquisition, submission to arbitration, interest, and revoking an agreement to arbitrate.

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No. 18

Can a Court Decide My Compensation?

Division 6 of Part IV of the PNG Land Act 1996: when you can sue for compensation, which court, how the proceedings run, joinder of other claimants, and the costs trap.

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No. 19

When Is Compensation Paid, and Is Interest Payable?

Division 8 of Part IV of the PNG Land Act 1996: the conditions of payment, proving title to the Attorney-General, payment into court, deduction of rates and taxes, and interest.

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No. 20

Who Decides Compensation for Customary Land?

Section 19 of the PNG Land Act 1996: the Land Titles Commission's jurisdiction over compensation for customary land, how it differs from the National Court route, and the practical steps for a landowner group.

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The types of State lease

Agricultural, pastoral, business and residence, mission, special purposes, special agricultural and business, and urban development leases.

No. 25

What Types of State Lease Are There?

The eight kinds of State lease under Part X of the PNG Land Act 1996 compared: purpose, maximum term, rent, key conditions, and which Division governs each.

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No. 26

What Is an Agricultural Lease?

Agricultural leases under Division 3 of Part X of the PNG Land Act 1996: the grant, the 99-year maximum, minimum improvement conditions, and what happens if they are not met.

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No. 27

What Is a Pastoral Lease?

Pastoral leases under Division 4 of Part X of the PNG Land Act 1996: the grant, minimum stocking conditions, inquiry into depasturing, and destocking notices.

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No. 28

What Is a Business or Residence Lease?

Business and residence leases under Division 5 of Part X of the PNG Land Act 1996: the grant, the 99-year term, specifying classes of business, and the tender requirement.

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No. 29

What Is a Mission Lease?

Mission leases under Division 6 of Part X of the PNG Land Act 1996: who may hold one, the permitted purposes including aerodromes, the 99-year term, and why no rent is payable.

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No. 30

What Is a Lease of a Government-Owned Building?

Section 99 of the PNG Land Act 1996: leases of government-owned buildings, why most of the Act does not apply, periodic tenancies, and the absence of Torrens title.

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No. 31

What Is a Special Purposes Lease?

Special purposes leases under Division 8 of Part X of the PNG Land Act 1996: when they are used, the residence restriction, royalties, re-appraisal of rent, and the tender requirement.

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No. 32

What Is a Special Agricultural and Business Lease?

Special agricultural and business leases (SABLs) under Division 9 of Part X of the PNG Land Act 1996: who may hold one, the conclusive-evidence rule in section 102(3), no rent, and backdated commencement.

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No. 33

What Is an Urban Development Lease?

Urban development leases under Division 10 of Part X of the PNG Land Act 1996: the tender, the Chief Physical Planner's certificate, the five-year term, the covenants, and forfeiture for missing the planning deadline.

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Lease conditions and improvements

Improvement conditions, rent and its review, changing the purpose of a lease, relaxation of conditions, and payment for improvements on expiry.

No. 34

What Conditions Are in Every State Lease?

Section 82 of the PNG Land Act 1996: the reservations and conditions implied into every State lease, the bona fide purpose condition, and what the Minister may add.

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No. 35

What Rent Is Payable on a State Lease?

Section 83 of the PNG Land Act 1996: how State lease rent is set, the ten-year re-assessment of unimproved value, remission and postponement, payment dates, and the gazetted arrears list.

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No. 36

Can I Change the Purpose of My State Lease?

Part XII of the PNG Land Act 1996: varying the purpose of a State lease, the two statutory limits, relaxation of covenants for special hardship, and how to apply.

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No. 37

Am I Paid for My Improvements When My Lease Expires?

Section 119 of the PNG Land Act 1996: payment for improvements on expiry of a State lease, the crucial requirement to apply for a further lease, valuation date, and the right of removal.

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No. 38

What Are Improvement Conditions on a State Lease?

Improvement conditions on PNG State leases: where they come from in the Land Act 1996, when the time starts running, how to prove compliance, and what to do if you cannot meet them.

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No. 39

Can My Lease Conditions Be Relaxed?

Section 118(2) of the PNG Land Act 1996: relaxation and modification of State lease covenants for special hardship, how it differs from variation of purpose, and how to make the application.

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No. 40

How Does Government Housing Land Reach the National Housing Corporation?

Part XI of the PNG Land Act 1996: grants of State leases of improved government land to the National Housing Corporation, the disapplied sections, and rent remission before transfer to a buyer.

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The register and how it works

The Torrens system in PNG, the Registrar, certificates of title, the register, and how instruments are registered.

No. 51

What Is the Torrens System, and How Does It Work in PNG?

The Torrens system of title by registration in Papua New Guinea: the Land Registration Act (Chapter 191), the Register, certificates of title, and the three principles behind it.

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No. 62

What Powers Does the Registrar of Titles Have?

Part XVII of the PNG Land Registration Act: the Registrar's powers to refuse, requisition, summon, dispense with production, register informal documents, and correct the Register.

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No. 63

What Is a Certificate of Title, and What Does the Register Look Like?

Part III Division 1 of the PNG Land Registration Act: preparation of certificates of title, the Register and its folios, registration, and the certificate as conclusive evidence.

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No. 64

How Are Instruments Registered, and Who Gets Priority?

Part III Division 4 of the PNG Land Registration Act: registration of instruments, the priority rule in section 24, the memorial, and what happens if you cannot produce the title.

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No. 65

What Happens If I Lose My Certificate of Title?

Section 162 of the PNG Land Registration Act: replacing a lost, destroyed or defaced instrument of title, the evidence required, the 14-day advertisement, and the validity of the replacement.

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No. 66

How Are State Leases Recorded on the Register?

Part IV of the PNG Land Registration Act: the Register of State Leases, the State lease as a folio, the section 35(4) bar on registering dealings, and notifying variations.

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No. 67

How Do I Search a Title, and What Should I Look For?

How to search a land title in Papua New Guinea: what the folio shows, the interests that bind without appearing on it, the Land Act searches, and a due diligence checklist.

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Title, indefeasibility and fraud

What registration gives you, the indefeasibility principle, the fraud exception, and the limits the courts have set.

No. 52

What Is Indefeasibility of Title?

Section 33 of the PNG Land Registration Act: indefeasibility of title, the nine exceptions, the fraud exception, and what Mudge v Secretary for Lands decided.

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No. 68

What Is the Fraud Exception to Indefeasibility?

The fraud exception in section 33(1)(a) of the PNG Land Registration Act: what counts as fraud, whose fraud matters, why notice is not fraud, and how it must be pleaded and proved.

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No. 69

What Encumbrances Bind a Buyer of Registered Land?

Which interests bind a purchaser of registered land in PNG: section 33(1)(b), (f), (g), (h) and (i) of the Land Registration Act, section 28 tenancy documents, and the searches each one requires.

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No. 70

What If There Are Two Titles Over the Same Land?

Section 33(1)(c) of the PNG Land Registration Act: overlapping and duplicate titles, why the prior instrument prevails, how duplicate titles arise, and what the later proprietor can recover.

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No. 71

What If the Boundaries or Description on My Title Are Wrong?

Sections 33(1)(d) and (e) and Part XVI of the PNG Land Registration Act: omitted easements, wrong descriptions and boundaries, and how to apply to amend a certificate of title.

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No. 72

Can a Registered Title Be Challenged?

How and when a registered title can be attacked in PNG: the nine section 33 exceptions, why Mudge closed the door on grant irregularities, the practical routes, and the compensation alternative.

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No. 73

If I Know About Someone Else’s Unregistered Interest, Am I Bound by It?

Notice and unregistered interests in PNG land law: sections 24(1)(b) and 45 of the Land Registration Act, why notice is not fraud, the section 28 occupation qualification, and how to protect an unregistered interest.

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Transfers and State leases on the register

How land is transferred, State leases on the register, and what the Registrar checks.

No. 57

How Is Registered Land Transferred?

Part V of the PNG Land Registration Act: the requirements for a transfer, stating the consideration, the offence of misstating it, partial transfers, no vendor's lien, and the notice rule in section 45.

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No. 77

Can Someone Else Deal With My Land for Me?

Part XIII of the PNG Land Registration Act: powers of attorney over land, depositing with the Registrar, the memorial, evidentiary effect, and why the Registrar may presume the power unrevoked.

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No. 78

What Happens Between Signing the Contract and Being Registered?

The gap between contract and registration in PNG land transactions: why priority runs from production, the section 24(2) duplicate-title rule, caveats, and a settlement checklist.

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No. 79

How Do I Transfer Only Part of My Land?

Transferring part of a parcel in PNG: section 42(6)(b) and section 13 of the Land Registration Act, the survey requirement, new certificates of title, and the Land Act subdivision step.

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No. 80

Can I Transfer Land to a Family Member or as a Gift?

Gifts and family transfers of registered land in PNG: stating non-money consideration under section 42(3), the volunteer's protection under section 45, Ministerial approval, and stamp duty.

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No. 81

Can a Company Hold and Transfer Land?

Companies as registered proprietors of land in PNG: execution, the citizenship limits on freehold and customary land, the section 129(3) share-dealing rule, and due diligence on a company vendor.

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Mortgages and charges

How a mortgage over registered land works, the mortgagee's remedies, sale, foreclosure, and discharge.

No. 56

How Does a Mortgage of Registered Land Work?

Part VII of the PNG Land Registration Act: creating a mortgage or charge, the implied covenants, the one-month-plus-one-month default procedure, the power of sale, and how the proceeds are applied.

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No. 86

What Can a Mortgagee Do When You Default?

Sections 67 to 76 of the PNG Land Registration Act: the mortgagee's remedies on default - notice and sale, possession, distraint, ejectment and foreclosure - and the liability of a mortgagee in possession.

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No. 87

How Does a Mortgagee Sale Work?

Section 68 and 69 of the PNG Land Registration Act: the mortgagee's power of sale, how the land may be sold, the order of application of proceeds, and the protection of the purchaser.

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No. 88

What Is Foreclosure, and How Does It Differ From a Sale?

Section 74(3) of the PNG Land Registration Act: foreclosure of the equity of redemption, why it requires court proceedings, how it differs from sale, and what a borrower can do.

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No. 89

How Is a Mortgage Discharged?

Section 77 of the PNG Land Registration Act: discharging a mortgage or charge, partial discharges, why registration is essential, and transferring a mortgage under section 66.

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No. 90

What Is a Charge, and How Does It Differ From a Mortgage?

Charges under Part VII of the PNG Land Registration Act: how a charge differs from a mortgage, the creditor and debtor terminology, instalment securities, and the shared remedies.

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Transmission: death, insolvency and trusts

What happens to registered land when the proprietor dies or becomes insolvent, and how trusts are dealt with.

Freehold ownership and the Constitution

Why only citizens may hold freehold, what counts as freehold, which corporations count as citizens, and conversion to State lease.

No. 101

Who Can Hold Freehold Land in Papua New Guinea?

Section 56(1)(b) of the PNG Constitution and the Land (Ownership of Freeholds) Act (Chapter 359): who may acquire freehold land, what the Act does, and why the restriction exists.

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No. 102

What Interests Are Not Treated as Freehold?

Division 2 of the PNG Land (Ownership of Freeholds) Act: the exceptions to the freehold definition in sections 5 to 14, what each covers, and why they exist.

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No. 103

Which Corporations Count as “Citizens” for Freehold?

Section 15 of the PNG Land (Ownership of Freeholds) Act: the six categories of citizen corporation for section 56(1)(b) of the Constitution, and why an ordinary company does not qualify.

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No. 104

How Is Freehold Converted Into a State Lease?

Part IV of the PNG Land (Ownership of Freeholds) Act: converting freehold interests and frustrated rights into substitute State leases, the application, objections to the National Court, and the grant.

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No. 105

Can a Dual Citizen Acquire Freehold Land?

Dual citizenship and freehold land in PNG: how section 56 of the Constitution frames the restriction, what it means in practice, and the alternatives available.

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No. 106

What Happens If a Non-Citizen Acquires Freehold?

The consequences of a non-citizen acquiring freehold land in PNG: the constitutional prohibition, indirect interests under section 4, the registration position, and the lawful alternatives.

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No. 107

What Is a Substitute Lease, and What Are Its Terms?

Sections 22 to 26 of the PNG Land (Ownership of Freeholds) Act: the terms of a substitute lease, its effect on ownership, the section 53 constitutional protection, and stamp duty relief.

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No. 108

Why Does Papua New Guinea Restrict Freehold Land?

The policy behind PNG's freehold restriction: the Fourth and Fifth National Goals, section 56(1)(b), the customary land prohibition, and how leasehold became the working commercial tenure.

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Converting customary tenure

Adjudication areas, applications for registration, conversion orders, and the rules against fragmentation.

No. 109

What Is Customary Tenure Conversion?

The PNG Land (Tenure Conversion) Act 1963: what conversion does, who may apply, the conversion plan and objection period, and how it differs from customary land registration.

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No. 110

What Are the Rules Against Fragmentation of Converted Land?

Part III of the PNG Land (Tenure Conversion) Act 1963: the minimum area and frontage rule, the six-owner limit, restrictions on later dealings, and the 25-year consent and mortgage limits.

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No. 111

What Does a Conversion Order Actually Do?

Section 16 of the PNG Land (Tenure Conversion) Act 1963: the effect of a conversion order, abolition of pre-existing rights, the deeming provision, and the bar on later freehold conversion.

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No. 112

How Do I Apply for Tenure Conversion?

Applying for tenure conversion in PNG: the application under section 7, the conversion plan, the notice and 30-day objection period, boundary inspection, and what the Commission must be satisfied of.

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No. 113

How Do I Object to a Tenure Conversion?

Objecting to a conversion application in PNG: the two statutory grounds, the 30-day minimum period, how the Commission deals with objections, and review and appeal.

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No. 114

What Can You Do With Converted Land Afterwards?

Dealing with land after tenure conversion in PNG: section 26 of the 1963 Act, the endorsed limitations, mortgaging converted land, and the interaction with the Land Registration Act.

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No. 115

Should Our Group Convert, Register, or Lease?

Comparing the options for customary landowner groups in PNG: tenure conversion, Part IIIA registration, lease-leaseback and SABLs, and State acquisition - what each does and what it costs.

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Check the law yourself

Acts are amended, and figures and time limits change. Every article names the sections it relies on so you can read them. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.

Disclaimer: This article provides general information about Papua New Guinea law and does not constitute legal advice. Laws may change, and their application depends on individual circumstances. You should obtain professional legal advice for your specific situation. Read the full disclaimer.