Village recovers cemetery title from local government
For a cemetery originally assessed in the village's name during the colonial-era land survey, the village association recovered ownership by correcting a registration held in the local government's name.
How the case unfolded
Background
Our client is a village association made up of residents. The village cemetery land had been assessed in the village's name during the land survey of the 1910s, but in the 1960s ownership was registered in the name of the local government. Our client sought transfer of title to restore the true owner's name.
Issues and ruling
The local government argued that the association lacked standing, that village property passed to the county when villages lost legal personality, and that it had acquired the land by prescription. The court found that the association had the substance of an unincorporated association and had validly resolved to sue. It held that the assessed owner was the residents' community rather than an administrative district, so the land belonged collectively to the residents, and that there was no evidence the local government had possessed the land.
Outcome
The local government was ordered to complete the transfer of title to the cemetery land to our client and to bear the litigation costs.
This is the outcome of an individual case and does not guarantee the same result in similar matters. Some facts have been generalized to protect the parties involved.
Related practice and case
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