GUIDELINES ON THE LANDS AND DEEDS
REGISTRATION
The Ministry wishes to inform the general public that in its quest to provide security of title to land and also support all land related transactions the following guidelines on Land and Deeds Registration in Zambia are hereby published.
LANDS AND DEEDS REGISTRY
The general public's attention is drawn to section 3 (i) of the Lands and Deeds Registry Act CAP 185 of the Laws of Zambia which provides for the establishment of the Registry of Deeds by the Minister responsible for land. Currently there is only one Registry in Lusaka. However, the Ministry is making all the necessary arrangements to open the Ndola Registry that will cater for the Northern Region of Zambia (Copperbelt, North-Western, Luapula and Northern Provinces).
The general public's attention is also drawn to Section 4 of the Lands and Deeds Act which requires the following documents to be registered in the Lands and Deeds Registry:
Certificate of title, Direct Leases, Lease Agreements, Deeds of Transfers, Deeds of Gift, Deeds of Moiety, Deeds of Assignments, Deeds of Assent, Deeds of Severance, Trust Deeds, Mortgage Deeds, Discharge of Mortgage, Debentures, Agricultural Charges, Caveats, Withdrawal of Caveats, Duplicate Certificates of Title, Notice of Intention to Re-Enter, Certificates of Re Entries, Cancellation of Re Entries, Expiry of Leases, Surrender Deeds, Revocation of Leases, Death Certificates, Probate of the will, Order of Appointment of Administrator, Water Rights, Deeds of Rectification, Court Orders, Application for Common Leaseholds, Deed Polls, Power of Attorney,
TYPES OF CLIENTS
The Land and Deeds Registry provide a service to both internal clients within the Ministry of Lands and external clients outside the Ministry of Lands.
Internal Clients.
The internal clients comprising of office ofCommissioner of Lands and Surveyor Generalgenerally conduct searches and lodge the following documents: -
Lease Agreements, Deeds of Transfers, Deeds of Gift,Deeds of Moiety, Deeds of Assignments, Deeds ofAssent, Deeds of Severance, Trust Deeds, MortgageDeeds, Discharge of Mortgage, Debentures,Agricultural Charges, Caveats, Withdrawal of Caveats, Duplicate Certificates of Title, Noticeof Intention to Re-Enter, Certificatesof Re Entries, Cancellation of Re Entries,Expiry of Leases, Surrender Deeds, Revocation of Leases, Death Certificates, Probate of thewill, Order of Appointment of Administrator,Water Rights, Deeds of Rectification,Court Orders, Application for CommonLeaseholds, Deed Polls, Power of Attorney,
External Clients
External clients comprise members of the public who generally conduct searches and lodge the following documents:
Certificate of title, Direct Leases, Lease Agreements, Deeds of Transfers, Deeds of Gift, Deeds of Moiety, Deeds of Assignments, Deeds of Assent, Deeds of Severance, Trust Deeds, Mortgage Deeds, Discharge of Mortgage, Debentures, Agricultural Charges, Caveats, Withdrawal of Caveats, Duplicate Certificates of Title, Notice of Intention to Re-Enter, Certificates of Re Entries, Cancellation of Re Entries, Expiry of Leases, Surrender Deeds, Revocation of Leases, Death Certificates, Probate of the will, Order of Appointment of Administrator, Water Rights, Deeds of Rectification, Court Orders, Application for Common Leaseholds, Deed Polls, Power of Attorney,
REGISTRATION OF DOCUMENTS
The Registrar will reveal all the transactions affected by particular The documents must be registered within the time stipulated in Section 5 of the Lands and Deeds Registry Act.
(a) In the case of a document executed at the place where it is registered, within thirty days from the date of execution.
(b) In the case of a document executed elsewhere in Zambia, within ninety days from the date of execution.
(c) In the case of a document executed out of Zambia, within one year from the date of execution.
(d) Probate of a will affecting land or any interest in land shall be registered within twelve months of the grant thereof.
Any document required to be registered as aforesaid and not registered within the time specified shall be null and void.
All documents required to be registered have priority according to the date of lodgment. And the date of registration is to be the date upon which the document shall first be lodged for registration in the Registry.
The public is hereby informed that in order for the service to be provided the client is required to pay appropriate fees which are subject to review from time to time.
BENEFITS OF LAND REGISTRATION
The benefits of having property registered include:
(a) hat title is conclusive evidence of ownership.
(b) The system of registration can also be a tool that can be used in the resolution of disputes. Interests in land can be verified through the use of the system of land registration.
(c) The title given to land can be used as security for credit. This security has a positive impact on the productivity of the land since it enables the release of major financial resources for investment in the land. The system provides a framework to facilitate more secure and efficient land transactions.
(d) The system of registration provides comprehensive information on all registered properties.
The Ministry of lands will continue to promote transparency, efficiency and effectiveness in the Registration of Property rights.
The general public is advised that any information pertaining to the Registration of properties in the Lands and Deeds Registry can be accessed from the office of the Chief Registrar, Mulungushi House, First Floor.