Land Ownership Structures in Northern and Eastern Sri Lanka: A Historical and Legal Review

President Nila
May 2
4 min read

Land ownership in Sri Lanka, particularly in the North and East, has long been characterized by a range of customary, colonial, and post-colonial legal instruments. This article explores the evolution of these land titles, their legal implications, and the contemporary transformations under state-led land governance reforms.

1. Dutch-Era Land Grants – The "Thombu" System

The earliest formal documentation of land rights in the Northern and Eastern provinces can be traced to the Dutch colonial period, which introduced the "Thombu" (or “Thompu”) land grant system. These written documents did not include detailed measurements of land area but described land boundaries based on natural features or neighboring property.

For instance, a Thombu document might delineate boundaries such as:

North: “Public Road”

South: “Forest ending here”

East: “River”

West: “Land belonging to [named individual]”

While lacking precise dimensions, these documents were legally recognized and provided a basis for intergenerational ownership. In some cases, especially in the Vanni region and parts of the Eastern Province, landowners used the undefined southern boundaries to illegally or informally extend their holdings—creating long-term disputes over unregistered expansions.

These lands often remained within specific family lineages, passed down for generations, and formed a core part of Tamil community settlement structures.

2. "Arudi Uruthi" (Final Title Deeds)

The Arudi Uruthi title deeds are another formal category of land documents, dating back to the Dutch era and later revalidated under British and Sri Lankan administrations. These documents, unlike the Thombu records, were periodically updated and reaffirmed across generations.

In Jaffna Peninsula, these deeds remain prevalent and are considered strong legal proof of hereditary land ownership. Many such lands were granted by the state as rewards or settlements and recognized across all indigenous Tamil villages in the North and East.

Crucially, these deeds predate Sri Lanka’s independence and were not subject to colonial-era land grabs or post-independence permit restrictions. They are freely buyable, sellable, or transferable through Notarial Deeds, under Sri Lanka’s general property law.

3. "Japan Uruthi" (Japan-Style Deeds)

The Japan Uruthi title is a unique classification of land deed found outside the Jaffna Peninsula. These documents are often:

Reproductions of lost Thombu deeds, Constructed imitations based on past records, or Titles derived from a parent Thombu deed, using its number to create new subdivisions.

Many of these documents were politically influenced—often created using the influence of powerful local politicians, with the assistance of land registrars and survey departments. These deeds were recorded in official land registries and, despite questions around their authenticity, are widely accepted by Sri Lankan authorities.

However, due to weak verifiability and documentation gaps, such lands remain legally vulnerable and are often subject to future ownership disputes or state challenges.

4. "Swarnabhoomi" Scheme Lands (Post-Independence Grants)

After gaining independence, the Sri Lankan government introduced the Swarnabhoomi (Golden Land) land grants, primarily for resettlement and agricultural development. These lands were allocated equally among all ethnic communities, typically in parcels of:

1 acre, 2 acres & 3 acres

Initially, recipients were issued LDO permits (Land Development Ordinance permits) as a temporary right to occupy and use the land. Only after 20 years of uninterrupted occupation and cultivation were they granted Swarnabhoomi title deeds, making them eligible for sale or inheritance.

However, gifting restrictions apply. If the land was transferred to someone as a gift, the recipient cannot sell it to a third party without the original giver’s legal consent.

5. LDO Permits – Conditional Land Occupation

The LDO permit is a temporary license issued by the Sri Lankan government to promote agriculture and development. It does not convey full ownership, and remains under the control of Divisional Secretariats.

Key conditions include:

If left uncultivated for 5 years, the land can be reclaimed by the state and reassigned.
The land can be transferred only through the Divisional Secretariat.
Notarial Deeds do not apply to these permits.

Due to these limitations and government reclaiming rights, the market value of LDO-permit lands remains low, and the threat of state repossession is ever-present.

6. Current Developments: A Hidden State Takeover (2015–2025)

In a significant development, the Sri Lankan government has quietly amended previous land laws as of March 28, 2025, effectively tightening state control over lands in the North and East. However, this transition began during the so-called "Good Governance" era (2015), when policy frameworks were designed to:

Centralize control over traditional Tamil lands
Transition private and hereditary lands into state-owned lands under administrative classification

This long-term campaign continues in the name of development, forest conservation, and military occupation, often without public notice or legal clarity. The result is a systematic erosion of traditional Tamil land ownership, replacing age-old inheritance structures with bureaucratic control.

Conclusion

Sri Lanka’s land law, especially in the North and East, is deeply rooted in colonial legal traditions and post-colonial manipulation. While Thombu and Arudi Uruthi titles offer strong historical legitimacy, the growing influence of permit-based ownership and recent legal reforms threaten the survival of customary Tamil land rights.

The recent legal shift, though underreported, signals a critical moment for Eelam Tamil heritage, livelihood, and legal autonomy. Civil society, legal practitioners, and international human rights observers must urgently monitor these changes and advocate for the protection of historical land rights and transparent land governance.

(Disclaimer: Images are AI generated and are used for representational purposes only)

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SMALL DROPS