•^l ITALIAN COI.ONIES - AGRICULTURAI, ECONOMY IN GENERAI. 



titles ceded by the fonner agencies of the local cadasters, and of the acts 

 of transference {htigge) ceded by the cadis before the institution of the ca- 

 daster. Saving where the Ottoman land registers still exist it is required 

 that existing possession ard title f-hall correspond. Contracts of purchase 

 and sale made after the royal decree of 5 November 1911, no. 1247, and 

 final pronouncements of the judicial authority are absolute evidence of free 

 property if they do not violate the ro5^al decree of 20 November 1911, 

 no. 1248, and if the seller's title has been remitted to the purchaser or 

 annexed to the contract of sale. Such titles are valid as full proofs if they 

 are not impugned as being false and if certificates of them are definite in 

 character, except in the following circumstances. 



For every property definitely certified there is drawn up a new title in 

 which the reference of the title and of other relevant documents, from which 

 the owner.ship has been ascertained, is indicated, and in which all data 

 prescribed for the land register must be found. The new title is remitted 

 to its holder on presentation of the old title, except when the latter is proved 

 to have been lost or destroyed. The oM title is then annulled and deliv- 

 ered to the keeping of the land office. 



Rights definitely established and certified are inscribed, in conformity 

 with the new title, in the general register and on the land books. 



Rights definitely certified and established cannot be impugned by 

 anyone, except i) in the case of fraud, falsification or error affecting fun- 

 damentally the fact established ; 2) when a document proving the contrary 

 fact and not previously produced is found after certification; 3) by force 

 majeure] or 4) another and contrary certification having reference to the 

 same property. These actions for annulment are not- detrimental to the 

 rights which third per.^ons may have acquired, in good faith and for consi- 

 derations, in the real estate in question. The actions are brought before 

 the local judicial authority to contradict and oppose the persons in whose 

 favour certification has been made. These actions and their results are 

 noted in the general register and the land books. 



If the titles already mentioned contain omissions or imperfections 

 certification is made provisionally, on the basis of actual possession and 

 all the evidence of property to be discovered, including certificates {il 

 muhuber) of the Imans and Mukhtars. When once instructions have been 

 issued, following the procedure indicated in article 10 of the aforementioned 

 royal decree of 26 January 191 3, the provisional title is registered and re- 

 mitted, the registration ard remission being publicly declared. 



Within two years of the time of declaration any interested person may 

 impugn the provisional certification before the local judicial authority. 

 If after two years no objection has been raised or only such as has been met, 

 the registration becomes definite and the title-holder receives a definite 

 title. All transferences or assignments of property, whether from one liv- 

 ing person to another or in consequence of a death, a division of property 

 or the formation of a society, and every constitution or cession of propert}'' 

 rights, must be entered in the registers of the land books and on the title, 



