Lands and Deeds Registry Act

The Laws of Zambia REPUBLIC OF ZAMBIA THE LANDS AND DEEDS REGISTRY ACT CHAPTER 185 OF THE LAWS OF ZAMBIA CHAPTER 185 THE LANDS AND DEEDS REGISTRY ACT THE LANDS AND DEEDS REGISTRY ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II REGISTRATION OF DOCUMENTS Copyright Ministry of Legal Affairs, Government of the Republic of Zambia The Laws of Zambia 3. Establishment and constitution of Registry of Deeds 4. Documents required to be registered 5. Times within which registration must be effected 6. Documents to be void for want of registration 7. Priority of documents and date of registration 8. Optional registration of documents not required to be registered 9. Registers to be kept 10. Miscellaneous Register, contents of 11. Correction of errors or omissions in Registers 12. Documents to refer to diagram, plan or description 13. Identity of person presenting document for registration 14. Registrar to be satisfied that all duties have been paid 15. Registration of notarially certified copies 16. Details of registration 17. Copies to be filed consecutively 18. Memorandum of registration to be endorsed on original 19. Evasion of duty by understatement of consideration 20. Translations, if not in English language 21. Registration not to cure defects 22. Registry open for search 23. Official certificates of search 24. Indemnity to officers of Registry 25. Admissibility in evidence of certified copies 26. Procedure to be adopted when certified copy is tendered in evidence 27. Application of Bills of Sale Acts 28. Concessions by chiefs unaffected PART III PROVISIONAL CERTIFICATES AND CERTIFICATES OF TITLE Copyright Ministry of Legal Affairs, Government of the Republic of Zambia The Laws of Zambia 29. Certificate of Title required before registration 30. Who may obtain Provisional Certificate or Certificate of Title 31. Tenants for life and tenants in tail 32. Effect of issue of Provisional Certificate 33. Effect of issue of Certificate of Title 34. Restriction on ejectment after issue of Certificate of Title 35. Protection against adverse possession 36. Application for Provisional Certificate 37. Formalities of application 38. Procedure upon application 39. Issue of Provisional Certificate 40. Minis ter may prescribe different procedure when Registrar is not a barrister or solicitor 41. Disposal of objections to issue of Provisional Certificate 42. Certificate of Title to issue on original State Grant 43. Certificate of Title may be issued six years from Provisional Certificate 44. Procedure on application for Certificate of Title 45. Issue of Certificate of Title 46. Disposal of objections to issue of Certificate of Title 47. Interests outstanding at time of issue of Certificate 48. Existing encumbrances to be noted on Certificate 49. Certificate: how to be dated 50. How memorial of easement to be recorded 51. Joint tenants and tenants in common 52. Issue of Certificate of Title may be withheld for fourteen days in certain cases 53. Certificate not to be void though issued in name of person deceased 54. Certificate to be evidence of proprietorship 55. Proprietor may claim single Certificate in place of several 56. Declaration may be made in case of loss of original Certificate 57. Issue of Certificate on sale for non-payment of rates PART IV TRANSFER AND TRANSMISSION OF REGISTERED LAND Copyright Ministry of Legal Affairs, Government of the Republic of Zambia The Laws of Zambia 58. Purchaser from Registered Proprietor not to be affected by notice 59. No liability on bona fide purchaser or mortgagee 60. Creation of various estates 61. Transfer by Registered Proprietor 62. Implied covenant in transfer of equity of redemption 63. Me morandum of order of court vesting estate or interest to be entered on Register 64. Charge in assent 65. Mortgage to take effect as security 66. Power of sale 67. Discharge of mortgage: how effected 68. Persons claiming under transmission may apply to have same registered 69. Procedure on application for transmission 70. Caveat may be entered on behalf of beneficiaries under any will or settlement 71. Disclaimer of lease on bankruptcy of lessee 72. Entry to operate as transfer on sale or surrender 73. No entry of disclaimer except with leave of Court PART V TRUSTS 74. No entry of trusts to be made on Register except those specially authorised 75. Vesting in new trustees PART VI CAVEATS 76. Caveat against dealing with land 77. Particulars to be stated in caveat 78. Service of notices as to caveats 79. Effect of caveat against dealings 80. Notice of caveat to be given to persons affected 81. Procedure for removal of caveat 82. Person entering caveat without cause liable for damages 83. Caveat may be withdrawn PART VII MISCELLANEOUS Copyright Ministry of Legal Affairs, Government of the Republic of Zambia The Laws of Zambia 84. Registrar may require production of instruments 85. Penalty for failure to produce instruments when required by Registrar 86. Public rights of way 87. Appeal to Court from decision of Registrar 88. Registrar may submit special case 89. Procedure on appeals 90. Penalty for unqualified person acting 91. Mining rights 92. Regulations SCHEDULE-Prescribed forms CHAPTER 185 15 of 1914 1 of 1925 5 of 1926 LANDS AND DEEDS REGISTRY 7 of 1937 5 of 1943 An Act to provide for the registration of documents; to provide for the issue of 53 of 1950 Provisional Certificates of Title and Certificates of Title; to provide for the 50 of 1951 17 of 1954 transfer and transmission of registered land; and to provide for matters 20 of 1957 incidental to or connected with the foregoing. 31 of 1958 [Parts I (sections 1 and 2 (b), (c), (f), (j), (n), (o) and (p)) and II-1st November, 1914] 25 of 1959 9 of 1967 46 of 1969 [Parts I (section 2 (a), (d), (e), (g), (h), (i), (k), (l), and (m)) and III-VII-1st May, 1944] 47 of 1970 Government Notice 274 of 1964 Statutory Instrument 65 of 1965 Act No. 38 of 1994 13 of 1994 PART I PRELIMINARY 1. This Act may be cited as the Lands and Deeds Registry Act. Short title 2. In this Act, unless the context otherwise requires- Interpretation (a) "Certificate of Title" means a certificate of title to land issued in accordance with the provisions of Parts III to VII; "Common Leaseholds Register" means the register referred to in paragraph (b) of section 9; Copyright Ministry of Legal Affairs, Government of the Republic of Zambia The Laws of Zambia "common leasehold scheme" has the same meaning as in the Common Leasehold Cap. 208 Schemes Act; "Court" means the High Court; "land" means land within Zambia, and includes units and remainders under Cap. 213 common leasehold schemes, tenements and hereditaments, but does not include any mining right as defined in the Mines and Minerals Act in or under or in respect of any land; "Lands Register" means the register referred to in paragraph (a) of section 9; "lease" means any lease other than a State Lease; "Miscellaneous Register" means the register referred to in paragraph (c) of section 9; "mortgage" includes a deposit of title deeds or documents with the object of creating an equitable mortgage on the property comprised in such deeds or documents and any charge; "probate of a will" includes letters of administration with or without will annexed; "Provisional Certificate" means a provisional certificate of title to land issued in accordance with the provisions of Parts III to VII; "Register" means the Township Lands Register or the Lands Register, as the context may require; Copyright Ministry of Legal Affairs, Government of the Republic of Zambia The Laws of Zambia "Registered Proprietor" means a person to whom a Certificate of Title or a Provisional Certificate has been issued; "Registrar" means a person appointed under section three; "State Land" means land included within State Lands as defined in the Orders dealing with State Lands; "State Lease" means a lease of State Land and includes any lease granted before the 24th October, 1964, by the Crown; "sub-mortgage" means a mortgage by a mortgagee of rights held by him under a mortgage; "Surveyor-General" includes a Deputy Surveyor-General and any Land Surveyor employed in the office of the Surveyor-General who may be deputed by the Surveyor-General to do any act or thing which may lawfully be done by the Surveyor-General under Part II; "testator" includes a person dying intestate; "will" includes codicil. (As amended by No. 17 of 1954, No. 20 of 1957, S.I. No. 65 of 1965 and Act No. 38 of 1994) PART II REGISTRATION OF DOCUMENTS 3. (1) For the registration of documents required or permitted by this Part or any Establishment and other Act or by any law to be registered, there shall be an office styled the Registry of constitution of Registry Deeds (hereinafter termed "the Registry") in Lusaka, and the Minister may from time to of Deeds time direct, by Gazette notice, that there shall be a District Registry of Deeds (hereinafter termed a "District Registry") in such place as shall be in such notice mentioned for any district to be thereby defined. (2) The registration of documents shall be performed by a Registrar appointed under this section. (3) There shall be appointed to the Registry a Chief Registrar and to each District Registry a District Registrar or Provincial Registrar. (4) There may be appointed to the Registry or a District Registry Principal Registrars, Senior Registrars, Senior Assistant Registrars, and Assistant Registrars. (5) There may be appointed from time to time persons to discharge temporarily the functions and duties of a Registrar. Copyright Ministry of Legal Affairs, Government of the Republic of Zambia The Laws of Zambia (6) Until such time as the duties mentioned in subsection (2) of any officer appointed thereunder shall require that the whole of his time shall be devoted to such duties, the Minister may assign to him duties other than those connected with the Registry or a District Registry.

Gender Issues and Best Practices in Land Administration Projects A Synthesis Report June 2005 Prepared for Gender and Rural Development Thematic Group (PREM/ARD) and the Land Policy and Administration Thematic Group (ARD) of The World Bank Table of Contents Acknowledgments v Acronyms vii Executive summary ix •Why does gender matter in land projects? ix • Priority gender issues in land administration projects x 1. Introduction 1 2. Why does gender matter for land policy? Theory and evidence 3 • Gendered economic and social benefits of land rights 3 •Regional challenges to gender equity in land policy 5 3. Actors in the struggle to improve women’s land rights 11 • State institutions 11 • Labor organizations 12 •Legal aid organizations 13 • Customary institutions 13 •Women’s organizations 14 • Donor organizations 14 4. Priority gender issues in land administration projects 17 • Intrahousehold legal and customary rights 19 • Identification of property holders 26 • Methodology for gender-disaggregated field assessment of land rights 31 • Adjudication and registration processes 32 • Education, training, and communication 35 iii 5. Lessons learned and recommendations 41 •Legal foundation 41 • Identification of property right holders 42 • Research 42 • Adjudication and registration processes 43 • Education, training, and communication 44 Appendix 1: Summaries of country case studies 47 Appendix 2: Case study methodologies 55 Appendix 3: Sample template for gender-specific baseline social 57 assessment Appendix 4: Sample gender-specific indicators

Campbell Law Review Volume 39 Article 3 Issue 2 Spring 2017 2017 Torrens Title in North Carolina - Maybe a Hundred Years Is Long Enough John V. Orth Follow this and additional works at: http://scholarship.law.campbell.edu/clr Recommended Citation John V. Orth, Torrens Title in North Carolina - Maybe a Hundred Years Is Long Enough, 39 Campbell L. Rev. 271 (2017). This Article is brought to you for free and open access by Scholarly Repository @ Campbell University School of Law. It has been accepted for inclusion in Campbell Law Review by an authorized editor of Scholarly Repository @ Campbell University School of Law. Orth: Torrens Title in North Carolina - Maybe a Hundred Years Is Long E Torrens Title in North Carolina-Maybe a Hundred Years Is Long Enough JOHN V. ORTH* For over a century, North Carolina property owners have been offered an alternative to the traditionaldeed and recordingsystem. Title to land may instead be entered in the Torrens system of registered titles. Under the Torrens system, the court determines the state of the title and issues a certificate, which is held in the registry with a copy given to the registered owner. The certificate provides conclusive evidence of ownership and of any liens or encumbrances on the property. Unlike titles evidenced by deeds, Torrens titles are not subject to loss by adverse possession, and transfer of a Torrens title is a simple process of changing the certificate in the registry and issuing a new certificate. A darling of Progressive law reformers in the late nineteenth and early twentieth centuries, nineteen states eventually adopted the Torrens system, although many later had second thoughts and abandonedthe system.

LC Paper No. CB(1)1357/02-03(02) Bills Committee on Land Titles Bill Comparison of Deeds Registration and Title Registration Introduction This paper provides: (a) a table comparing the main features of the current deeds registration system with those of the proposed title registration system; and (b) an outline of the proposed arrangements for parallel running of the two systems. Comparison 2. A table setting out the features of the current deeds registration system and the title registration system proposed under the Land Titles Bill is at the Annex. Parallel Running 3. While there will be two pieces of legislation governing land registration after enactment of the Land Titles Bill, we plan to have only one single administrative system to handle all registrations. Submission of deeds under the Land Registration Ordinance and applications for registration - 2 - under the Land Titles Ordinance will both be made to the same customer service centre of the Land Registry. Each set of documents will then be handled by the Land Registry as required by the ordinance under which it is submitted. 4. There will be a single computerized information system handling all properties irrespective of which ordinance they are registered under. The system will be set up to show clearly which ordinance each particular property is registered under and to provide the supporting information and documents required by that ordinance. The system will serve both the Land Registry and external customers. Internally it will guide Land Registry staff through the correct registration procedures applicable to the property. Externally it will give searchers up to date information on the status of each property.

A Hybrid System of Land Titles and Deeds Registration As a New Model for Zambia: a Case Study of the Lands and Deeds Registry Lusaka

A hybrid system of Land Titles and Deeds registration as a new model for Zambia: A case study of the Lands and Deeds Registry Lusaka. By Fatima Mandhu Study Leader: Prof. Dr. J. Malan Thesis submitted on 31st October 2014 in fulfillment of the requirements for the degree of Doctor of Philosophy in the Faculty of Law of University of Africa Dedication This thesis is dedicated to my mother, Zulekha Kassam Mandhu, who at the age of ninety- five still remains an inspiration for me. ii Acknowledgement Firstly, I would like to extend special thanks to my study leader, Dr. Kobus Malan without whose constant guidance, cooperation and valuable contribution, this research work would have not been completed. You are not only a great study leader but also a great friend. Secondly, my special thank goes to my family especially my Mum who at the age of ninety- five has an answer for every question and has inspired me to find answers for the research questions posed in this study. Thirdly, I would like to thank the partners and staff of the Law Firm, Solly Patel Hamir and Lawrence who assisted me with the documents, files and information needed to complete the primary research presented in chapter four of the study. Fourthly, no amount of thanking would be sufficient to express my gratitude to the staff at the Lands and Deeds Registry whose cooperation in the collection of data made it possible for me to develop the proposed land recordation and registration model for Zambia. Lastly and most importantly, I shall always be indebted to Mr Kwei Aatta Sakyi whose careful editing and checking of the study has produced a perfect piece of work.

7th Annual Publication GUIDELINES ON LEGAL ELEMENTS FOR LAND REGISTER INFORMATION IN EUROPE Jorge López Summary I. A structure for the registry information II. The part of information related to properties 1. The connecting factor 2. The description of the property 2.1. Descriptions in the ownership title and spatial data 2.2. The description of the properties in land registers: an attempt to find a minimum common denominator 2.3. More criteria for purposes of identification or description III. The part of information related to owners 1. Approach to proprietorship 2. Elements of information on ownership IV. The part of information related to mortgages and encumbrances 1. Kinds of encumbrances 2. Rank or preference between charges V. Other relevant aspects References 1 7th Annual Publication One of the results of IMOLA project is a lot of material on legal aspects of land registration across Europe. The Contact Points of ELRN have made interesting contributions explaining their models and systems. This is an important background, valuable for the mutual understanding in this scope, and can be used and studied to try to understand the complex European situation regarding land registration, from the legal point of view. The aim of this article is to present relevant legal aspects to consider laying down some guidelines for exchanging land register information at a European level, especially considering what the main targets should be: judicial cooperation and conveyancing. I. A structure for the registry information ABC structure for land register information In several Land Register systems of Europe there are practices which allow us to find some commonalities in legal aspects on land register information, as well as what structure may be adequate to deliver the system across Europe for the mentioned purposes of judicial cooperation and conveyancing.

PAGE 3 OF 4 Instructions for completing the Registration Application Form The Registration Application Form (RAF) is in a type‐able PDF format. If you choose to hand‐write in the information on the form please ensure that it is printed and is legible. SECTION 1 Document type: Select the box next to the document type to indicate the type of document that you are registering. If you select OTHER, you MUST specify the document type. Document Date: This is the date of the execution or drafting of the document that is recorded on the document. If you do not have a document date then leave the field blank. Please Note: (i) When registering a Notice of Mortgage, you must attach a legible written description and affidavit of value, if applicable. You may attach supporting affidavits. • Do not attach the mortgage document, schedules, promissory notes or terms and conditions. (Note: Submitters other than law firms and pre‐authorized filers may be asked by the Registry to attach the full mortgage document.) (ii) When registering a Notice of Release of Mortgage please attach the Release of Mortgage document. (Note: Law firms and other pre‐authorized filers do not attach the Release of Mortgage document.) • Do not complete sections 4 and 5 of the registration application form. • You must complete section 7 which references the document being released. (iii) When registering a Partial Release of Mortgage you must attach the document. • You must Complete Section 4 SECTION 2 Party From Information: Party from includes: mortgagors, vendors, releasors, guarantors and confirmors. Enter the name of the individual or corporation exactly as it appears on the document, this includes middle names and initials.

Caribbean Land Policy Network LAND IN THE CARIBBEAN ISSUES OF POLICY, ADMINISTRATION AND MANAGEMENT IN THE ENGLISH- SPEAKING CARIBBEAN Edited by Dr. Allan N. Williams LAND IN THE CARIBBEAN PROCEEDINGS OF A WORKSHOP ON LAND POLICY, ADMINISTRATION AND MANAGEMENT IN THE ENGLISH-SPEAKING CARIBBEAN Edited by Allan Williams Email: [email protected] Special thanks to Jane Dennis for the final editing of this manuscript. All views, interpretations, recommendations, and conclusions expressed in this book are those of the authors and not necessarily those of the supporting or co-operating institutions. Verbatim copying of any part of this book is permitted, in any medium, provided that the copier gives a complete citation of the title, chapter, author and editor of the book, and provided that all copies made remain under these same terms and conditions which are conspicuously published on all copies. Hard copies of this book can be acquired from: Terra Institute 10900 Stanfield Road Blue Mounds, Wisconsin 53517 Email: [email protected] For further information about the Caribbean Land Policy Network, check the web site: www.terrainstitute.org or contact Caribbean Land Policy Network Steering Committee: Chairperson: Andrew Bishop, Commissioner of Land, Guyana (592) 227-2582 (ph) (592) 226-4052 (fx) [email protected] Secretary: Allan N. Williams (868) 624-2142 (ph) [email protected] Manuscript was prepared from digitised copy at the Land Tenure Center, University of Wisconsin-Madison, USA, for publication, October 2003.

Development of Land−Title Registration Systems − A Developed Country Experience Australia Table of Contents Development of Land−Title Registration Systems − A Developed Country Experience Australia. 1 FOREWORD. 1 EXECUTIVE SUMMARY. 2 INTRODUCTION. 3 I. NEW SOUTH WALES BEGINNINGS. 4 A. Allocation of land. 5 B. Registration of deeds. 5 Sources. 6 II. THE SYSTEM OF SURVEYS. 6 A. The functions of the system. 6 B. Creation of parcels by the Crown. 6

Study on Key Aspects of Land R on Key Study Study on Key Aspects of Land Registration and Cadastral Legislation Part 1 of 2 egistration and Cadastral Legislationegistration 1 Part Sponsored, printed and published by: HM Land Registry 32 Lincoln’s Inn Fields LONDON WC2A 3PH United Kingdom Tel (++44) 020 7917 8888 ext. 4505 On behalf of: United Nations Economic Commission for Europe Committee on Human Settlements Working Party on Land Administration Palais des Nations Printed and published on behalf of UNECE Working Party on 8-10 Avenue de la Paix 1211 GENEVA Land Administration by Her Majesty’s Land Registry London Switzerland May 2000 Tel (++41) 22 917 2374 CONTENTS OF THIS STUDY REPORT PART 1 Page Preface 3 A list of the 36 Countries (and 43 jurisdictions) responding to the questionnaire 5 Topics covered in the study and the Key definitions 7 A commentary on the results of the study 9 Snapshots from country responses Graphic summaries of key questions 35 Contact addresses of those responding 37 Contact addresses of UNECE WPLA Bureau officials 45 Annex 1 Indicating country answers categorised by individual question 47 PART 2 Annex 2 Indicating answers categorised by country 1 2 PREFACE The Working Party on Land Administration (the former Meeting of Officials on Land Administration) of the United Nations Economic Commission for Europe (UN-ECE) decided to prepare a study on key aspects of land registration and cadastral legislation in the ECE countries, as part of its programme of work for 1999-2002 (HBP/WP.7/1999/2, Annex IV). Following representations made by member states UNECE identified the need to assist in this area by identifying actual legislative practice.

Torrens System vs General Law System of Title Summary Deeds Registration System: - Old system – established a centralised register with the specific aim of recording instruments or dealings over old title land. Aim: - Reduce the risk that a purchaser might acquire an interest in land without knowledge of an earlier inconsistent interest. Old Title Land: - Does not come within the application of the Torrens system because it was issued by the Crown prior to the introduction of the Torrens system and it has been converted to Torrens title land. o To verify ownership, it is necessary to trace, in a complete and unbroken chain, all the land transactions which have affected the land since the time of the initial Crown grant. The relevant rule for determining the quality of a vendor’s title was “nemo dat non quod habit” [one cannot give what one does not have]. Thus, any defect in the vendor’s title meant the purchaser would acquire only a defective title – or, if any of the instruments in the chain of deeds was void for any reason, the purchaser would obtain no title at all. This meant that general law title was derivative and historical – each owner’s title in the chain depended on every former owner having had good title and every instrument of conveyance having been valid and enforceable. Chain includes all deeds creating interests in the land along the way Deeds of conveyance: vendor to purchaser Deeds of mortgage: mortgagor to mortgagee Deeds of reconveyance: mortgagee to mortgagor Deeds of grant (easements covenant etc) Deeds

This PUBLIC BILL originated i* the LEGISLATIVE COUNCIL md having titis d(W passed as now printed is transmitted to the HOUSE OF ]REPRESENTATIVES JOr their concu,v·ence. Legislative Cotmcil Chamber, 24th September, 1868. A BILL INTITULED AN AcT to consolidate and amend the Laws relating to Title. the Registration of Deeds affecting Real Property. HERE,AS it is expedient to consolidate and amend the laws Preamble. relating to the Registration of Deeds and other instruments affecting real property BE IT THEREFORE ENACTED by the General Assembly of New Zealand 5 in Parliament assembled and by the authority of the same as follows- 1. The Short Title of this Act shall be " The Deeds Registration Short Title. Act 1868." 2. The Ordinances and Acts specified in Schedule A. to this Act Repeol. save the parts excepted in the said Schedule are hereby respectively 10 repealed Provided always that everything which shall have happened been done perfected or been made valid under or by virtue of the said Acts respectively shall be and the same is hereby declared to be as good valid and effectual to all intents and purposes as if this Act had not been passed. 15 3. In the construction of this Act the word "land" sliall extend to Interpretatio.. any estate or interest whatever in real property over which the Native title is extinguished and the word " instrument " shall extend to any Crown grant deed contract will codicil exemplification or certified copy of will probate testamentary order certificate power of attorney 20 affidavit memorandum notice memorial or other document either written or printed or partly written and partly printed affecting any land within the Colony authorized to be registered by this Act or by any law which now is or hereafter may be in force relating to registration of documents affecting real property.

Newsletter Message from Honorable Sharon W. Staggers, Clerk of Court Dear Citizens, Thank you! It’s truly been a pleasure to serve you another year! What an amazing year it has been! Therefore, I present to you our 5th annual news- letter. We continue to strive to serve you in the most professional, effective and efficient manner. This newsletter is designed to give you informative in- formation on each of my departments. Inside this edition, you will get an insight from each departments deputy clerk. I hope that you find this newsletter to be a valuable resource. It is our commitment to continue to serve you with the utmost efficiency and effectiveness. Please don’t hesitate to contact us for assistance. We look forward to continuing to serve you within the years to come. Once again, I thank you for allowing me to serve you. It is indeed my pleasure! Sharon W. Staggers Inside This Issue Mission Register of Deeds Family Court General Sessions Common Pleas Court Crossword Puzzle In The Know mission to provide the citizens of Williamsburg county with professional, effective, efficient world-class service from employees that exemplify a high standard of integrity and professionalism. To maintain accurate and easily accessible court and real estate records for the public. REGISTER OF DEEDS DEPARTMENT Rhonda E. July, Deputy Register of Deeds Deeds registration is a land management system whereby all im- portant instruments which relate to the common law title to parcels of land are registered on a government-maintained register. Deeds reg- istration systems were set up to facilitate the transfer of title.