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Land

Angola

(a) Land registry: is there a land registry (or similar) in the country that can be searched to confirm whether a project company has granted of any mortgage, charge, option assignment, lien or other encumbrance over the whole or part of the properties or assets of a company?

The Angolan jurisdiction has the Land Registry, which aims to publicise the legal situation of the real property, namely its description, ownership, mortgage, covenants or other charges concerned.

(b) Landlord's rights: please indicate whether there are any rights which accrue to the landlord (or the government or any other bodies) that may override the terms of a land lease or threaten the rights of a project company particularly any right of repossession or acquisition.

According to the Land Law, the ownership of the land originally belongs to the State. Only land included in the State private domain are likely to be granted.

The Law of Private Investment in Angola prohibits the nationalisation of assets of private investors. In an exceptional case of nationalisation and in case of expropriation, the investor shall be paid a fair compensation by the Government.

(c) Direct agreement: are you aware as to whether a direct agreement in respect of a lease has been previously been provided to lenders on other transactions?

Many of the transactions performed in Angola or relating to Angola involve foreign parties; the structures of financing and project contracts usually follow the international structure, always bearing in mind local limitations. Thus direct agreements are common.

(d) Forfeiture rights: do relief from forfeiture rights exist and would the lenders be entitled to rely on such rights?

Property rights can expire by their non-use or non-compliance with the rates of appropriate and effective utilisation for three consecutive years or six interpolated years.

(e) Is there any additional legislation governing property rights?

Property rights are established in the Angolan Constitution and Land Law (Law 9/2004, of November 2004). The main requirements on this matter concerned the power sector are mentioned on the answers above and below.

(f) Are there any formalities with which lenders need to comply when enforcing security over land?

Protective orders such as attachment, seizure, sequestration and other non specified measures are subject to registration in Angola. This registration aims to safeguard the prior right of plaintiff or applicant in the process, because he is protected against any subsequent transfer of the building.

Guinea

(a) Land registry: is there a land registry (or similar) in the country that can be searched to confirm whether a project company has granted of any mortgage, charge, option assignment, lien or other encumbrance over the whole or part of the properties or assets of a company?

Yes, there is a land registry in the country that can be searched and contains all information relating to land. A "land plan" can be found for each local authority, urban municipality or rural community development (article 3 to 6 of the Land and Domanial Code).

(b) Landlord's rights: please indicate whether there are any rights which accrue to the landlord (or the government or any other bodies) that may override the terms of a land lease or threaten the rights of a project company particularly any right of repossession or acquisition.

The Government may invalidate the terms of a lease in public interest legally established ( expropriation for public purpose, regulation of property rights for the purpose of town planning, rural development, research and mining environmental protection and enactment of easements of public utility)(article 54 of the Land and Domanial code and article 534 of the civil code).*

(c) Direct agreement: are you aware as to whether a direct agreement in respect of a lease has been previously been provided to lenders on other transactions?

We are not aware if a direct agreement in respect of a lease has been previously provided to lender on other transactions

(d) Forfeiture rights: do relief from forfeiture rights exist and would the lenders be entitled to rely on such rights?

Regarding the expropriation for public interest, no waiver may be made.

(e) Legislative requirements: is there any additional legislation governing property rights? If so, please advise the nature of the requirements thereof.

Property rights are governed by the Land and Domanial Code.

The additional legislation governing property rights is contained in the civil code, and the Fundamental Law (revised by decree D/2002/48/PRG/SGG on 2002_07_15 promulgating the Constitution Law adopted by referendum on 2001/10/11). Both of them guarantee the right of property and state that nobody may be expropriated except in the public interest legally established.

(f) Enforcement formalities: are there any formalities with which lenders need to comply when enforcing security over land?

Lenders need to comply with the Land and Domanial Code for the formalities of enforcement of security over land.

Ivory Coast

(a) Land registry: is there a land registry (or similar) in the country that can be searched to confirm whether a project company has granted of any mortgage, charge, option assignment, lien or other encumbrance over the whole or part of the properties or assets of a company?

The Land Registry contains all available information relating to land.

(b) Landlord's rights: please indicate whether there are any rights which accrue to the landlord (or the government or any other bodies) that may override the terms of a land lease or threaten the rights of a project company particularly any right of repossession or acquisition.

The administrative authority has power to facilitate the implementation of development programmes and may prohibit activities constituting nuisance to the said development programmes and to the environment on the basis of public interest.

(c) Direct agreement: are you aware as to whether a direct agreement in respect of a lease has been previously been provided to lenders on other transactions?

We are not aware of any example.

(d) Forfeiture rights: do relief from forfeiture rights exist and would the lenders be entitled to rely on such rights?

There are no specific laws on this point.

(e) Is there any additional legislation governing property rights?

Article 15 of the Ivorian Constitution guarantees property rights.

(f) Are there any formalities with which lenders need to comply when enforcing security over land?

To enforce security over land, lenders have to follow formalities prescribed on registration of their rights as recorded at the land registry.

Kenya

(a) Land registry: is there a land registry (or similar) in the country that can be searched to confirm whether a project company has granted of any mortgage, charge, option assignment, lien or other encumbrance over the whole or part of the properties or assets of a company?

There are land registries that relate to the different land regimes. When a security or encumbrance is created over land it is registered against, the title at the registry and is considered a public record. Therefore one can conduct a search at the relevant registry to enquire on possible encumbrances.

(b) Landlord's rights: please indicate whether there are any rights which accrue to the landlord (or the overnment or any other bodies) that may override the terms of a land lease or threaten the rights of a project company particularly any right of repossession or acquisition.

The Land Acts provides that, the Government or a private person, acting as a Landlord, can re-enter leased premises and forfeit the Lease when there is a breach of the terms of the lease.

Overriding the above rights are the provisions of the Kenyan Constitution and the Land Acquisition Act (Cap 295) which, subject to certain qualifications, gives the Government the right to compulsorily acquire land for the payment of compensation.

(c) Direct agreement: are you aware as to whether a direct agreement in respect of a lease has previously been provided to lenders on other transactions?

A direct agreement in respect of a lease has not been previously provided to lenders on other transactions in Kenya. Further, it is unlikely that such an agreement may be provided to the lenders in future.

(d) Forfeiture rights: do relief from forfeiture rights exist and would the lenders be entitled to rely on such rights?

The Government Lands Act (Cap 280) provides that the courts adjudicating on a forfeiture proceeding shall be guided by principles of English law and doctrines of good faith. There are no statutory rights providing for relief from forfeiture.

(e) Is there any additional legislation governing property rights?

Please contact us for further information.

(f) Are there any formalities with which lenders need to comply when enforcing security over land?

There is a requirement to give notice to the borrower for failure to pay the loan. Following the expiry of the notice period the lender may enforce the security by selling the land (see comments on 1.4 (b) (vi)) or appointing a receiver to manage the property.

Madagascar

(a) Land registry: is there a land registry (or similar) in the country that can be searched to confirm whether a project company has granted of any mortgage, charge, option assignment, lien or other encumbrance over the whole or part of the properties or assets of a company?

There is a land registry that can be searched verify the status of real estate.

The Company Registry should be consulted for charges on movable assets.

(b) Landlord's rights: please indicate whether there are any rights which accrue to the landlord (or the government or any other bodies) that may override the terms of a land lease or threaten the rights of a project company particularly any right of repossession or acquisition.

A 99- year lease, when registered, gives the lessee an inalienable right on the land concerned. The lease is registrable and can be sold; assigned and dealt with in a way similar to ownership (save the right of the reversion).

(c) Direct agreement: are you aware as to whether a direct agreement in respect of a lease has been previously been provided to lenders on other transactions?

The Malagasy Government has provided direct lease or land access for various projects in Madagascar.

(d) Forfeiture rights: do relief from forfeiture rights exist and would the lenders be entitled to rely on such rights?

There are no special law dealing with this issues.

(e) Is there any additional legislation governing property rights?

Property rights are governed by law 60-146 dated on 03rd October 1960 and the law 2003-029 dated on the 27th August 2006 and land law no 2006-031 dated on 24th November 2006.

Additional laws regarding property rights are: law no 2008-013 dated on 05th January 2009 and law no 2008-014. Property laws are complex and should be addressed on a case by case basis.

(f) Are there any formalities with which lenders need to comply when enforcing security over land?

The lenders need to comply the formalities provide by the Ordonnance no 60-146 dated on 03rd October 1960 and the law no 2003-041 dated on 24th November 2006. Enforcement procedure depends on the nature of the right being enforced.

Mali

(a) Land registry: is there a land registry (or similar) in the country that can be searched to confirm whether a project company has granted of any mortgage, charge, option assignment, lien or other encumbrance over the whole or part of the properties or assets of a company?

All communes of Mali have a "cadastre" (a land title map kept by the local land registry office) that contains all the information relating to land. (Article 49 of the land and Domaines code). Information related to land can also be found in the Land Book or "Livre foncier" (kept by each local land registry office).

(b) Landlord's rights: please indicate whether there are any rights which accrue to the landlord (or the government or any other bodies) that may override the terms of a land lease or threaten the rights of a project company particularly any right of repossession or acquisition.

In cases of public interest (where legally established), the Government may invalidate the terms of a lease.

(c) Direct agreement: are you aware as to whether a direct agreement in respect of a lease has been previously been provided to lenders on other transactions?

It is not certain that a direct agreement in respect of a lease will be provided to lenders on transactions.

(d) Forfeiture rights: do relief from forfeiture rights exist and would the lenders be entitled to rely on such rights?

None as known.

(e) Is there any additional legislation governing property rights?

No other relevant laws.

(f) Are there any formalities with which lenders need to comply when enforcing security over land?

Enforcement depends on the nature of the right to be enforced and the security held (mortgage, right of way etc). These are enforceable before the court.

Mauritius

(a) Land registry: is there a land registry (or similar) in the country that can be searched to confirm whether a project company has granted of any mortgage, charge, option assignment, lien or other encumbrance over the whole or part of the properties or assets of a company?

There is no land registrar as such, but if a company creates a charge or mortgage over landed properties in Mauritius, the name of such company will appear in the registers kept and maintained by the Conservator of Mortgages and it will be possible to check whether such company has any encumbrances on its landed properties.

(b) Landlord's rights: please indicate whether there are any rights which accrue to the landlord (or the government or any other bodies) that may override the terms of a land lease or threaten the rights of a project company particularly any right of repossession or acquisition.

Except for the right of the Government to compulsorily take possession of a property in, for example, the interests of the public in accordance with the Constitution of Mauritius, landlords are bound by the terms of their written lease agreements.

(c) Direct agreement: are you aware as to whether a direct agreement in respect of a lease has been previously been provided to lenders on other transactions?

Direct agreements may be entered into by the Government of Mauritius although we are not aware of any such agreements entered into by the Government in other similar transactions.

(d) Forfeiture rights: do relief from forfeiture rights exist and would the lenders be entitled to rely on such rights?

To be updated.

(e) Legislative requirements: is there any additional legislation governing property rights? If so, please advise the nature of the requirements thereof.

The Non-Citizen's (Property Restriction) Act which govern the acquisition of properties in Mauritius by foreigners.

There is also the Mauritius Civil Code which governs the civil ownership aspects of a property.

(f) Enforcement formalities: are there any formalities with which lenders need to comply when enforcing security over land?

There are no enforcement formalities with which lenders need to with when enforcing such securities.

Morocco

(a) Land registry: is there a land registry (or similar) in the country that can be searched to confirm whether a project company has granted of any mortgage, charge, option assignment, lien or other encumbrance over the whole or part of the properties or assets of a company?

There is a land registry in Morocco.

(b) Landlord's rights: please indicate whether there are any rights which accrue to the landlord (or the government or any other bodies) that may override the terms of a land lease or threaten the rights of a project company particularly any right of repossession or acquisition. Any land property can be subject to expropriation for public utility.

Landlords do not have the right to unilaterally amend any lease agreements.

(c) Direct agreement: are you aware as to whether a direct agreement in respect of a lease has been previously been provided to lenders on other transactions?

With regard to major projects, the Moroccan State can provide direct agreements as an incentive to the lenders.

(d) Forfeiture rights: do relief from forfeiture rights exist and would the lenders be entitled to rely on such rights?

Forfeiture exist should the lender is in continuing default under its obligations toward the landlord. Forfeiture rights do exist in the event that the lender is in continuous default regarding his obligations to the landlord.

(e) Is there any additional legislation governing property rights?

No.

(f) Are there any formalities with which lenders need to comply when enforcing security over land?

The judicial auction sale of the property is mandatory.

Mozambique

(a) Land registry: is there a land registry (or similar) in the country that can be searched to confirm whether a project company has granted of any mortgage, charge, option assignment, lien or other encumbrance over the whole or part of the properties or assets of a company?

In Mozambique, the land is property of the State. The use and exploitation of the land required for power projects is governed by the provisions set out in the Land Law and the Land Law Regulations. As a general rule, projects requiring land use rights are subject to prior award of a land use and exploration rights (“DUAT”).  Thus, in Mozambique there are no ownership rights in connection with land, and same cannot be sold, traded, mortgaged or otherwise disposed of.

There is a Real Estate Registry Office in Mozambique, which aims to publicize the legal situation of the real property, namely its description, ownership, mortgage, covenants or other charges concerned. Land use rights may be registered therein even though no mortgage or other charges may be granted over same. Buildings erected within the land may be granted as security though, and same shall also be registered with the Real Estate Registry Office.

(b) Landlord's rights: please indicate whether there are any rights which accrue to the landlord (or the government or any other bodies) that may override the terms of a land lease or threaten the rights of a project company particularly any right of repossession or acquisition.

Please refer to our response to section above.

In Mozambique, the land is property of the State but DUATs may be granted by means of application of the interested parties. Depending on extension of land required, DUAT’s shall be issued by following authorities (i) Provincial Government - up to 1000ha, (ii) Ministry of Agriculture - between 1000ha and 10.000ha, (iii) Council of Ministers – more than 10.000ha. A public consultation shall precede the issuance of the relevant DUAT. This process is guided by the Geographic and Cadastral Services. An annual fee is due levied on the extension of the land granted.

Definitive authorizations usually are valid for fifty years, renewable.  Nevertheless, the relevant authorities may revoke the DUATs granted where the investment project approved is not complied with. Under this scenario building and/or other equipment installed in the land shall revert to the State.

Finally, it is worth to mention that the Investment Law provides the obligation of the State to ensure the protection and safety of the assets and rights included within the approved investments, requiring the payment of fair compensation for nationalization or expropriation.

(c) Direct agreement: are you aware as to whether a direct agreement in respect of a lease has been previously been provided to lenders on other transactions?

Please refer to (a) and (b) above.

(d) Forfeiture rights: do relief from forfeiture rights exist and would the lenders be entitled to rely on such rights?

Please refer to (a) and (b) above.

(e) Is there any additional legislation governing property rights?

As a rule, property rights are established in the Mozambique Constitution and the Mozambican Civil Code.

Nevertheless, with regards to land issues please refer to our responses to (a) and (b) above.

(f) Are there any formalities with which lenders need to comply when enforcing security over land?

Please refer to (a) and (b) above.

Niger

(a) Land registry: is there a land registry (or similar) in the country that can be searched to confirm whether a project company has granted of any mortgage, charge, option assignment, lien or other encumbrance over the whole or part of the properties or assets of a company?

The “rural file” contains all informations relating to land and is held at the local land registry.

(b) Landlord’s rights: please indicate whether there are any rights which accrue to the landlord (or the government or any other bodies) that may override the terms of a land lease or threaten the rights of a project company particularly any right of repossession or acquisition.

The terms of lease may be invalidated by Government, on grounds of public interest (where legally established).

(c) Direct agreement: are you aware as to whether a direct agreement in respect of a lease has been previously been provided to lenders on other transactions?

None known

(d) Forfeiture rights: do relief from forfeiture rights exist and would the lenders be entitled to rely on such rights? 

There are no special laws on forfeiture rights.

(e) Legislative requirements: is there any additional legislation governing property rights? If so, please advise the nature of the requirements thereof.

Property rights are regulated by the Rural Code. The Nigerian Constitution in its article 21 sets out the right to property. Nobody can be deprived, except in the public interest.

However, the Decree n°2004-266/PRN/MM/E dated on 14th of September 2004 (see above) sets up the possibility of a power generation concessionaire to use the procedure for expropriation of public utility assets.

(f) Enforcement formalities: are there any formalities with which lenders need to comply when enforcing security over land?

To enforce security over land, lenders have to follow formalities prescribed on registration of their rights as set out in the Rural Code.

Nigeria

(a) Land registry: is there a land registry (or similar) in the country that can be searched to confirm whether a project company has granted of any mortgage, charge, option assignment, lien or other encumbrance over the whole or part of the properties or assets of a company?

Yes, there is a land registry in each of the States of Nigeria bearing the legal and proprietary (including details of all charges and encumbrances) records of the land in such State. Land located in non-urban areas may also be registered in the relevant local government area. Thus, where a project company has granted a charge or assignment over its landed property, such is required to be registered with the lands or local government registry where it may be accessed by a third party upon a formal search.

(b) Landlord's rights: please indicate whether there are any rights which accrue to the landlord (or the government or any other bodies) that may override the terms of a land lease or threaten the rights of a project company particularly any right of repossession or acquisition.

By virtue of the Land Use Act, all land within the urban areas of Nigeria is vested in the Governor of the relevant state on behalf of the people of the state. The Govenor is empowered to grant certificates of occupancy ("C of O") to qualified persons who apply for the same; in this regard, the Governor of each state is the headlessor of the land in the state, while every title holder is in law, a sublessor. The Governor may also revoke the C of O in the interest of the public or upon violation by the grantee of the terms and conditions of the grant.

Under the EPSRA, where NERC issues a license to an applicant, the applicant may apply to NERC for a declaration that a particular property is required for purposes of the licensed activity. Where such a declaration is made, the President may direct that the land is required for overriding public interest and further direct the Governor of the state concerned to revoke any existing C of O in favour of the licensee who is required to pay adequate compensation to the previous holder of such C of O.

(c) Direct agreement: are you aware as to whether a direct agreement in respect of a lease has been previously been provided to lenders on other transactions?

Whilst we note that the EPSRA creates a unique procedure for the acquisition of land for power projects (as described in 1.6(b) above), the procedure only recognises the transfer of interest in land to the project company and does not envisage a direct agreement for between the Government, the project company and its lenders.

(d) Forfeiture rights: do relief from forfeiture rights exist and would the lenders be entitled to rely on such rights?

The grant of the C of O creates proprietary interest in favour of the grantee which right is constitutionally protected and may not be expropriated by Government without the payment of adequate compensation. Furthermore, the grant of a C of O may only be revoked on the grounds of an overriding public interest or the grantee's violation of the terms of the grant.

(e) Is there any additional legislation governing property rights?

Governor's consent would be required to perfect a mortgage or sale of land. Capital Gains Tax is also payable on an alienation of interest in land.

(f) Are there any formalities with which lenders need to comply when enforcing security over land?

Where the claims in respect of landed security have become due, enforcement of a legal mortgage by foreclosure would be required to be effected by application to court for an order (nisi and absolute) , and such court order will obviate the need for the consent of the Governor to the transfer/assignment of title to the relevant land; while enforcement by exercise of a right of sale or by exercise of a right to appoint a receiver, do not require any formality beyond the terms of the parties' agreement.

South Africa

(a) Land registry: is there a land registry (or similar) in the country that can be searched to confirm whether a project company has granted of any mortgage, charge, option assignment, lien or other encumbrance over the whole or part of the properties or assets of a company?

The South African Deeds Office keeps accurate, current records of all land ownership, registered rights over land, mortgage bonds and notarial bonds. The records of the Deeds Office are accurate and can be searched to ascertain whether a company owns any land, or if it has granted any mortgage or notarial bonds. However, other types of security such as pledges of movable assets and security cessions are not registered with any registry and it is not possible to conduct a search to ascertain whether a company has granted any such security.

(b) Landlord's rights: please indicate whether there are any rights which accrue to the landlord (or the government or any other bodies) that may override the terms of a land lease or threaten the rights of a project company particularly any right of repossession or acquisition.

Validly granted short term leases, that are granted by a landlord with the right to grant leases, are enforceable in accordance with their terms and are generally not overridden by any rights or laws, unless the relevant lease is granted subject to those rights. Long term leases (namely any lease that has an initial term of 10 years or an initial term that together with the renewal term will endure for 10 years, or more) are only enforceable against third parties if they are entered into and registered as notarial leases with the Deeds Office. Notarial leases grant real rights in the relevant land to the tenant.

The national government and various state owned enterprises are granted powers of expropriation of land by various pieces of legislation. Under such legislation, the expropriating entity has to pay the market price of the land to the owner, who has the right to dispute the price being offered to it. To date, however, the South African government has not expropriated any land, nor has any state owned enterprise. All land acquired by the government and state owned enterprises has been on the basis of "willing buyer, willing seller".

(c) Direct agreement: are you aware as to whether a direct agreement in respect of a lease has been previously been provided to lenders on other transactions?

Direct agreements have been entered into between the lenders to a project and a landlord in respect of the relevant piece of land. It is more usual, however, in respect of long term notarial leases that the lenders take a mortgage bond over such notarial lease.

(d) Forfeiture rights: do relief from forfeiture rights exist and would the lenders be entitled to rely on such rights?

South African law has no concept of forfeiture rights.

(e) Is there any additional legislation governing property rights?

Agricultural land can only be subdivided or certain rights granted (for example, servitudes or leases over part of the land) in respect of such land with the consent of the Minister of Agriculture, Forestry and Fisheries. This is an important issue that should not be overlooked as the process of obtaining such consents can be time consuming and it is advisable to consider whether the land use could be structured in such a way as to avoid having to obtain that consent.

(f) Are there any formalities with which lenders need to comply when enforcing security over land?

Prior to enforcing security over land (namely mortgage bonds), the lenders will have to obtain a court order and will have to use the sheriff of the high court to enforce that court order. Such court orders are obtained and enforced on a daily basis.

Tanzania

(a) Land registry: is there a land registry (or similar) in the country that can be searched to confirm whether a project company has granted of any mortgage, charge, option assignment, lien or other encumbrance over the whole or part of the properties or assets of a company?

All title to land in Tanzania is registered with the appropriate regional Lands Registry.

A mortgage should be registered with both the Lands Registry and BRELA. These registries can be searched against to see is a mortgage over land has been given.

(b) Landlord's rights: please indicate whether there are any rights which accrue to the landlord (or the government or any other bodies) that may override the terms of a land lease or threaten the rights of a project company particularly any right of repossession or acquisition.

All land in Tanzania is ultimately owned by the Government and the title to the land may give rights to the Government as "landlord" and place obligations, or restrictions on the actual occupier as "tenant".

(c) Direct agreement: are you aware as to whether a direct agreement in respect of a lease has been previously been provided to lenders on other transactions?

We are not aware whether a direct agreement in respect of a lease has previously been provided to lenders on other transactions in Tanzania.

(d) Forfeiture rights: do relief from forfeiture rights exist and would the lenders be entitled to rely on such rights?

Not applicable.

(e) Is there any additional legislation governing property rights?

Not applicable.

(f) Are there any formalities with which lenders need to comply when enforcing security over land?

The Lands Act (Cap 1113) sets out certain notice provisions that must be followed before enforcement.

Uganda

(a) Land registry: is there a land registry (or similar) in the country that can be searched to confirm whether a project company has granted of any mortgage, charge, option assignment, lien or other encumbrance over the whole or part of the properties or assets of a company.

The Land Registry under the Ministry of Lands, Housing and Urban Development maintains a register of certificates of title detailing the descriptions of property, the registered proprietors thereof and the details of any mortgages, charges or encumbrances that might exist in respect of each property.

(b) Landlord's rights: please indicate whether there are any rights which accrue to the landlord (or the government or any other bodies) that may override the terms of a land lease or threaten the rights of a project company particularly any right of repossession or acquisition.

Under the Land Acquisition Act, Government may, subject to paying sufficient compensation to the owner of land compulsorily acquire any land. Compensation may also be paid for wayleaves passing through an individual's land.

(c) Direct agreement: are you aware as to whether a direct agreement in respect of a lease has been previously been provided to lenders on other transactions?

We are not aware of any direct agreement provided to lenders in respect of a lease.

(d) Forfeiture rights: do relief from forfeiture rights exist and would the lenders be entitled to rely on such rights?

None are applicable.

(e) Is there any additional legislation governing property rights?

Property rights are also governed by the Land Act cap 227.

(f) Are there any formalities with which lenders need to comply when enforcing security over land?

The Mortgage Act sets out formalities for enforcement in relation to land, where there is no provision in the mortgage document to dispose of the land by express sale, such a security may be realised either by the appointment of a receiver, by the mortgagee taking over the property or by foreclosure. In the case of foreclosure, this is done by court sanction.

Zambia

(a) Land registry: is there a land registry (or similar) in the country that can be searched to confirm whether a project company has granted of any mortgage, charge, option assignment, lien or other encumbrance over the whole or part of the properties or assets of a company?

There is a Lands and Deeds Registry.

(b) Landlord's rights: please indicate whether there are any rights which accrue to the landlord (or the government or any other bodies) that may override the terms of a land lease or threaten the rights of a project company particularly any right of repossession or acquisition.

The only risk of acquisition is under the Lands Acquisition Act where the President has power to compulsorily acquire land provided the necessary market compensation is made.

(c) Direct agreement: are you aware as to whether a direct agreement in respect of a lease has been previously been provided to lenders on other transactions?

Not any we are aware of.

(d) Forfeiture rights: do relief from forfeiture rights exist and would the lenders be entitled to rely on such rights?

Yes they exist. Lenders will only be able to access such rights through a receiver over the company.

(e) Is there any additional legislation governing property rights?

The Lands Act states all land is owed by the President. The President can grant a term of up to a maximum of 99 years.

(f) Are there any formalities with which lenders need to comply when enforcing security over land?

There are no specific formalities provided as this is dependant on the security contract.

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