CHAPTER 185 - LANDS AND DEEDS REGISTRY ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Lands and Deeds Registry Regulations

LANDS AND DEEDS REGISTRY REGULATIONS

[Section 92]

[Re-denominate the currency as stipulated under S 4 of Re-denomination Act, 8 of 2012, read with Bank of Zambia Act, 43 of 1996.]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Presentation of documents relating to land

   3A.   Documents to be accompanied by a form in duplicate

   4.   Documents for deducing title

   5.   Prior registered documents

   6.   Form of documents

   7.   Sketch plans of several pieces of land

   8.   Subdivisions to be endorsed on prior documents

   9.   Time for lodging documents

   10.   Prescribed fees

   11.   Lost documents

   12.   Copies for information

   13.   Official search

   14.   Saving

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

      FOURTH SCHEDULE

[Regulations by the Minister]

Act 2 of 1961,

Act 13 of 1994,

GN 60 of 1940,

GN 21 of 1941,

GN 127 of 1943,

GN 213 of 1954,

GN 86 of 1957,

GN 225 of 1959,

GN 71 of 1962,

GN 79 of 1963,

GN 274 of 1964,

SI 65 of 1965,

SI 247 of 1968,

SI 219 of 1969,

SI 100 of 1973,

SI 32 of 1978,

SI 180 of 1990,

SI 96 of 1991,

SI 31 of 1994,

SI 67 of 1996,

SI 12 of 1997,

SI 21 of 2004,

SI 24 of 2005.

1.   Title

These Regulations may be cited as the Lands and Deeds Registry Regulations.

2.   Interpretation

In these Regulations, unless the context otherwise requires—

“Registry” means the Registry of Deeds at Lusaka established under section 3 of the Act.

[Am by GN 213 of 1954; 79 of 1963.]

3.   Presentation of documents relating to land

No document relating to land other than a State Grant of land shall be registered by the Registrar unless it is presented for registration by some person interested thereunder or by a legal practitioner practising in Zambia and having an office or place of business there.

[Am by GN 65 of 1965.]

3A.   Documents to be accompanied by a form in duplicate

No document purporting to grant, convey, assign or dispose of land or any interest therein (other than a State Grant or State Lease) shall be accepted for registration by the Registrar unless it is accompanied by a form (in duplicate) set out in the Fourth Schedule hereto duly completed by the person interested under the document or by a legal practitioner practising in Zambia and having an office or place of business there.

[Am by SI 100 of 1973.]

4.   Documents for deducing title

No document relating to land shall be registered unless all documents necessary for deducing title to such land have been previously registered.

5.   Prior registered documents

No document relating to land shall be registered unless and until the person on whose behalf the document is presented for registration has produced to the Registrar such of the prior registered documents concerning the title to the land as he is entitled by law to possess or their absence has been accounted for to the satisfaction of the Registrar.

6.   Form of documents

   (1) The original and one copy or, in the case of documents to be registered in the Township Lands Register or Lands Register, the original and two copies, shall be handed to the Registrar when a document is presented for registration. The original shall be returned to the person presenting it but the copy or copies shall be retained by the Registrar for filing.

   (2) The Registrar shall refuse to register any document of which the proper number of copies is not handed to him and may refuse to register any document which does not comply with the following requirements:

      (a)   the document shall be plainly written, printed or typed on foolscap paper and shall not be a carbon copy;

      (b)   the copies for filing shall be plainly written, printed or typed;

      (c)   all alterations on the document or copies for filing shall be initialed by the persons executing the document and by the witnesses to such execution;

      (d)   the upper half of the first page of any document shall be left blank for the purpose of registry endorsements.

[Am by GN 127 of 1943; SI 247 of 1968.]

7.   Sketch plans of several pieces of land

When two or more pieces of land, which have no common boundary line, are transferred to one and the same transferee, a separate diagram or sketch plan, as the case may be, shall be prepared of every one of such pieces of land, but in case of partition among joint owners, such pieces of land may be shown on one diagram or sketch plan, as the case may be, when the following conditions are simultaneously fulfilled:

      (a)   the several pieces of land transferred must all be parts of a property represented on one and the same original diagram or sketch plan; and

      (b)   the figures representing the several pieces of land transferred must be shown in their true relative positions, and the size of the paper on which the diagram or sketch plan is drawn must not be excessively increased thereby.

[Am by GN 213 of 1954.]

8.   Subdivisions to be endorsed on prior documents

When a document relating to land is presented for registration, such document, if it relates to part of a piece of land to which a prior registered document relates, shall not be registered unless and until such prior registered document has been produced to the Registrar and endorsed by him with a memorandum containing short particulars of the document presented for registration, and the geometrical figure representing such part of the piece of land has been defined by the Surveyor-General upon the diagram annexed to the prior registered document showing the boundaries of the part of the piece of land to which the document presented for registration relates and the numerical extent of such part.

[Am by GN 86 of 1957; 71 of 1962; 79 of 1963.]

9.   Time for lodging documents

All documents for registration shall be lodged in the Registry on any day except Saturday or Sunday or a public holiday between the hours of 9:00 a.m. and 12:30 p.m.

10.   Prescribed fees

Upon every registration, entry, cancellation, certification or act done under the Act and these Regulations, or upon the issue of any certified copy or duplicate of any deed or other document, or for any certificate of official search or for any unofficial inspection of the registers, the fees set out in the First Schedule shall be payable:

Provided that—

      (a)   fees shall not be payable in respect of—

      (i)   transactions and dealings attracting fees which, if paid, would be paid out of the general revenues of the Republic;

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