LANDS AND DEEDS REGISTRY ACT
Arrangement of Sections
1. Short title
REGISTRATION OF DOCUMENTS
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 Requisition
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
PROVISIONAL CERTIFICATES AND CERTIFICATES OF TITLE
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. Minister 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
TRANSFER AND TRANSMISSION OF REGISTERED LAND
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. Memorandum of order of court or land tribunal 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 or land tribunal
74. No entry of trusts to be made on Register except those specially authorised
75. Vesting in new trustees
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
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 or land tribunal from decision of Registrar
88. Registrar may submit special case
89. Procedure on appeals
90. Penalty for unqualified person acting
91. Mining rights
to provide for the registration of documents; to provide for the issue of Provisional Certificates of Title and Certificates of Title; to provide for the transfer and transmission of registered land; and to provide for matters incidental to or connected with the foregoing.
[Parts I (sections 1 and 2 (b), (c), (f), (j), (n), (o) and (p)) and II-1st November, 1914.]
[Parts I (section 2 (a), (d), (e), (g), (h), (i), (k), (l), and (m)) and III-VII-1st May, 1944.]
Act 15 of 1914,
Act 1 of 1925,
Act 5 of 1926,
Act 7 of 1937,
Act 5 of 1943,
Act 53 of 1950,
Act 50 of 1951,
Act 17 of 1954,
Act 20 of 1957,
Act 31 of 1958,
Act 25 of 1959,
Act 9 of 1967,
Act 46 of 1969,
Act 47 of 1970,
Act 13 of 1994,
Act 38 of 1994,
Act 40 of 2010,
GN 274 of 1964,
SI 65 of 1965.
This Act may be cited as the Lands and Deeds Registry Act.
In this Act, unless the context otherwise requires—
“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;
“common leasehold scheme” has the same meaning as in the Common Leasehold Schemes Act;
“Court” means the High Court;
“land” means land within Zambia, and includes units and remainders under 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;
"Lands Tribunal" means the Lands Tribunal referred to under section three of the Lands Tribunal Act, 2010;
[Ins by s 2 of Act 40 of 2010.]
“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;
“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 3;
“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.
[S 2 am by Act 17 of 1954, 20 of 1957; SI 65 of 1965; Act 38 of 1994.]
REGISTRATION OF DOCUMENTS
(1) For the registration of documents required or permitted by this Part or any other Act or by any law to be registered, there shall be an office styled the Registry of Deeds (hereinafter termed “the Registry”) in Lusaka, and the Minister may from time to 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.
(6) Until such time as the duties mentioned in sub-section (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.
[S 3 am by GN 274 of 1964; SI 65 of 1965; Act 38 of 1994.]
(1) Every document purporting to grant, convey or transfer land or any interest in land, or to be a lease or agreement for lease or permit of occupation of land for a longer term than one year, or to create any charge upon land, whether by way of mortgage or otherwise, or which evidences the satisfaction of any mortgage or charge, and all bills of sale of personal property whereof the grantor remains in apparent possession, unless already registered pursuant to the provisions of “The North-Eastern Rhodesia Lands and Deeds Registration Regulations, 1905” or “The North-Western Rhodesia Lands and Deeds Registry Proclamation, 1910”, must be registered within the times hereinafter specified in the Registry or in a District Registry if eligible for registration in such District Registry:
Provided that if a document creating a floating charge upon land has been registered under the provisions of section 99 of the Companies Act or section 32 of the Co-operative Societies Act, it need not be registered under the provisions of this Part unless and until such charge has crystallised or become fixed.
(2) Any document required or permitted to be registered affecting land, persons, property or rights in any district for which a District Registry has been appointed may be registered either in such District Registry or in the Registry.
(3) Upon application to register any document affecting land required to be registered as aforesaid—
(a) The Registrar may order that any document necessary for deducing the title of the applicant for registration to the land thereby affected or any interest therein (hereinafter referred to as a “document necessary to deduce title”), although it may not be a document required to be registered as aforesaid, shall first be produced or its absence satisfactorily accounted for, and if such document necessary to deduce title, being a document required to be registered pursuant to the provisions of this Part or of “The North-Eastern Rhodesia Lands and Deeds Registration Regulations, 1905” or “The North-Western Rhodesia Lands and Deeds Registry Proclamation, 1910”, shall not have been registered as so required by one or other of these laws, the Registrar may order that the same be first registered under this Part, unless such document necessary to deduce title is void in consequence of non-registration as hereinafter provided, in which case the Registrar shall not register the document tendered for registration unless ordered so to do by the Court or land tribunal.
[S 4(3)(a) am by s 5 of Act 40 of 2010.]
(b) If any person has in his possession or custody any document or evidence of title affecting the same land to the production of which the applicant or any trustee for him is entitled, the Registrar may order such person to produce the same within a time to be fixed by him at the expense of the applicant for registration and may at the expense of such applicant deal with the same as provided in paragraph (a).
(c) Any person aggrieved by any order of the Registrar under this sub-section may appeal to the Court or land tribunal which may annul or confirm the order of the Registrar with or without modification.
(d) If any person disobeys the order of the Registrar made in pursuance of paragraph (b), the Registrar may certify such disobedience to the Court or land tribunal and thereupon such person, subject to such right of appeal as aforesaid, may be punished by the Court or land tribunal in the same manner in all respects as if the order made by the Registrar were the order of the Court or land tribunal.
[S 4 am by Act 5 of 1943, 50 of 1951, 25 of 1959, 38 of 1994.]
(1) All bills of sale must be registered within three months of the execution of the same.
(2) All other documents, except probate of a will, required to be registered as aforesaid shall be registered—
(a) in the case of a document executed at the place where it is registered, within thirty days from its date;
(b) in the case of a document executed elsewhere in Zambia, within ninety days from its date;
(c) in the case of a document executed out of Zambia, within one year from its date.
(3) Probate of a will affecting land or any interest in land shall be registered within twelve months of the grant thereof or the sealing thereof under the provisions of the Probates (Resealing) Act, as the case may be.
[S 5 am by Act 5 of 1943, SI 65 of 1965; Act 47 of 1970.]
Any document required to be registered as aforesaid and not registered within the time specified in the last preceding section shall be null and void:
(i) the Court or land tribunal may extend the time within which such document must be registered, or authorise its registration after the expiration of such period on such terms as to costs and otherwise as it shall think fit, if satisfied that the failure to register was unavoidable, or that there are any special circumstances which afford ground for giving relief from the results of such failure, and that no injustice will be caused by allowing registration;
(ii) the probate of a will required to be registered as aforesaid, and not registered within the time specified in the last preceding section, shall be null and void so far only as such will affects land or any interest in land.
(1) All documents required to be registered as aforesaid shall have priority according to date of registration; notice of a prior unregistered document required to be registered as aforesaid shall be disregarded in the absence of actual fraud.
(2) The date of registration shall be the date upon which the document shall first be lodged for registration in the Registry or, where registration is permitted in a District Registry, in such District Registry.
At the option and upon the application of any person interested thereunder, any document affecting land which is not required to be registered pursuant to the provisions of sub-section (1) of section 4 may nevertheless be registered in such manner as the Registrar may direct.
The following registers shall be kept:
(a) a register of documents relating to land not subject to customary title, other than documents referred to in paragraph (b), called the Lands Register;
(b) a register of documents relating to common leasehold schemes, called the Common Leaseholds Register;
(c) a register of other documents required or permitted to be registered under this Act, called the Miscellaneous Register.
[S 9 am by Act 38 of 1994.]
In the Miscellaneous Register shall be registered any deed or instrument declaring a trust which it is desired to register and any document, other than relating to land, either required by any law to be registered and in respect of which no special registry office is indicated or which it is desirable and proper to register.
[S 10 am by Act 5 of 1943.]
(1) Where any person alleges that any error or omission has been made in a Register or that any entry or omission therein has been made or procured by fraud or mistake, the Registrar shall, if he shall consider such allegation satisfactorily proved, correct such error, omission or entry as aforesaid.
(2) Any person aggrieved by any entry or omission made in a Register after application to the Registrar under sub-section (1) may apply to the Court or land tribunal for an order that the Register may be rectified, and the Court or land tribunal may either refuse such application with or without costs to be paid by the applicant or it may, if satisfied of the justice of the case, make an order for the rectification of the Register in such manner as it shall direct.
(1) In this section—
“diagram” means a diagram of a piece of land, as defined by the Land Survey Act, which has been approved by the Surveyor-General;
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