Page 414 - Bahrain Gov annual reports (V a)_Neat

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LAND DEPARTMENT, 1926-56
The registration of land and verification of ownership was begun in 1344, 1925-26, when a
survey, which took about six years to complete, was commenced. All cultivated areas, date
gardens and villages were mapped and records were made of ownership, boundaries and water
rights. Large scale maps were prepared and these arc still in use in the Land Department.
The work was carried out by Indians from the Survey Department of the Government of
India under Khan Sahib Mohammed Khalil, a Punjabi, who later became the Superintendent
of the Land Department, a post which he held until his retirement in 1954. When the village
survey was completed maps were made of the towns, Manama, Muharraq, Hedd and Rafaa.
In the beginning the villagers were strongly opposed to the survey, they suspected that it would
be followed by land taxation and, as always, they regarded with dislike and suspicion some­
thing which was new to them. Afterwards they realised the value of the work and they appreci­
ated the protection that it gave to their rights. Frequently in the courts to-day in a land
dispute one of the parties will ask the magistrates to refer to the survey maps and records which
were compiled 30 years ago.
The important principle was established at this time that all land which could not be
proved as being privately owned was the property of the Government of Bahrain. Among the
difficulties which had to be overcome were the claims to absolute ownership of large areas of
land and of villages by members of the Ruling Family who had papers from Shaikh Isa gifting
to them whole districts of the country. This was a remnant of past times when individual
members of the family were overlords of different villages and collected taxes and had the right
of corvee.
In 1929 the Government published an ordinance making the registration of all sales, gifts
and transfers of property compulsory, the registration of titles of ownership, not involving the
transfer of property, was, and is still, optional. Later an ordinance was issued which pre­
cluded the courts from hearing any claim for the foreclosure of mortgaged property unless that
property had been previously registered and was contained in a government title deed. Before
this action was taken it was often found that the same property was mortgaged to several
people.
A Government title deed contains details of ownership, boundaries, measurements and
such special conditions as water rights and, on the reverse, a plan of the property. It is sealed
by the Ruler and is absolute proof of ownership. These documents are not valid until notices
have been issued which are posted at some place on the property and published in the Gazette
describing the property and calling on anyone who has an objection to the registration to
notify the Land Department within a certain period. Before the title deeds are finally signed
they are scrutinised by a special court. Between 1926 and 1946 the department issued 12,111
title deeds and from 1946 until 1956 another 9,264 title deeds were issued. The total, 21,375
covers a substantial proportion of the land, and properties owned by the people of Bahrain.
In 1934 all fish traps were registered. They are constructed in the shallow water off the
coast of the islands. They consist of palm stick fences in the shape of an arrow head, with a
circular enclosure at the point in which the fish are detained as the tide recedes. Some of them
are very valuable ; prawn traps off Sitra island have been sold for Rs 30,OCX) or Rs 40,000.
Rules were laid down to prevent people from building fish traps off the shore, without per­
mission, and then claiming ownership of the adjacent area which could be turned into valuable
property by reclaiming the sea. It was established that the boundaries of fish traps, which
often included large areas of sea, did not convey the ownership of the sea except as far as
protection from other people who might wish to set up fish traps in the area.
In the early days of its existence the Land Department carried out the work which was
afterwards taken over by the P.W.D. During this time the customs house, law courts, several
schools and Manama-Muharraq sea road were built, also three large buildings at Jufair, for the
British Navy, one of them being the wardroom.
In 1937-38 the Map of Manama was revised and brought up-to-date and the Kozabcia
district, which was beginning to develop as a building area, was mapped. The R.A.F. made
an aerial mosaic of Bahrain which proved of great value.
In 1939 Persians living in Bahrain were required either to acquire Bahrain nationality,
which many of them did, or to sell their property, other than their residences and places o
business. It had been found that they were gradually buying up much of the land in an
around Manama. The department made a survey of the properties owned by Persians.