Lands and Deeds Registry Act, 1914
- There are multiple commencements
- [This is the version of this document as it was at 31 December 1996 to 18 November 2010.]
|Part I (section 1–2); Part II (section 3–28)||commenced on 1 November 1914.|
|Part III (section 29–57); Part IV (section 58–73); Part V (section 74–75); Part VI (section 76–83); Part VII (section 84–92)||commenced on 1 May 1944.|
Part I – Preliminary
1. Short titleThis Act may be cited as the Lands and Deeds Registry Act.
2. InterpretationIn this Act, unless the context otherwise requires—
Part II – 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 registrationAny document required to be registered as aforesaid and not registered within the time specified in the last preceding section shall be null and void:Provided that—
7. Priority of documents and date of registration
8. Optional registration of documents not required to be registeredAt 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 subsection (1) of section four may nevertheless be registered in such manner as the Registrar may direct.
9. Registers to be keptThe following registers shall be kept:
10. Miscellaneous register, contents ofIn 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.[As amended by No. 5 of 1943]
11. Correction of errors or omissions in Registers
12. Documents to refer to diagram, plan or description
13. Identity of person presenting document for registrationThe Registrar may, in any case in which he thinks fit so to do, insist that a document which it is desired to register shall be presented for registration either by a person executing or claiming an interest under the same or the representative or agent of such person, and the Registrar may require to be satisfied as to the identity of the person by whom it is brought or, in the case of a representative or agent as to his authority, which authority may be proved by power of attorney, probate or other evidence appearing to the Registrar to be sufficient.
14. Registrar to be satisfied that all duties have been paidBefore registering a document under this Part, the Registrar shall satisfy himself that it is an instrument to which this Part applies and that all duties, quit rent or other annual payments thereon have been duly paid.
15. Registration of notarially certified copies
16. Details of registration
17. Copies to be filed consecutivelyThe Registrar shall, with respect to each Register, number every copy so filed consecutively, entering the day of the month and year when it is registered, and shall file the copies in the order in which the documents came into his hands.
18. Memorandum of registration to be endorsed on originalA memorandum signed by the Registrar shall be endorsed on every document registered, containing a sufficient reference to the number and position of the document in the Register, which memorandum shall be proof of the due registration of the document in the absence of sufficient evidence to the contrary.
19. Evasion of duty by understatement of considerationIf it shall appear to the Registrar that the value of any property has been understated for the purpose of evading the proper transfer duty or any other duty chargeable ad valorem, it shall be competent for the Registrar to refuse to register the document in question until he shall have been satisfied that the proper value is stated and that the proper duty has been paid, and for that purpose to take such evidence or to make such inquiry or to cause such valuation to be made as he shall think proper, and to make such order as to the costs of such proceedings as shall be just, subject to appeal to the Court.[As amended by No. 7 of 1937]
20. Translations, if not in English languageIf any document to be registered is not in the English language, it must be accompanied by a translation duly certified by some competent and authorised person.
21. Registration not to cure defectsRegistration shall not cure any defect in any instrument registered or confer upon it any effect or validity other than that provided by this Part.
22. Registry open for search
23. Official certificates of search
24. Indemnity to officers of RegistryThe Registrar shall not, nor shall an Assistant Registrar nor any person acting under the authority of the Registrar or an Assistant Registrar, or under any order or regulation made in pursuance of this Act, be liable to any action or proceeding for or in respect of any act or matter done or omitted to be done in good faith in the exercise or supposed exercise of the powers of this Act or any order or regulation made therunder.
25. Admissibility in evidence of certified copiesIn the event of the loss or destruction of any document registered under this Part, a copy certified to be a true copy under the hand of the Registrar shall be admissible in evidence of its contents in all courts of justice in Zambia, subject to all just exceptions as to its validity or upon other grounds.[As amended by S.I. No. 65 of 1965]
26. Procedure to be adopted when certified copy is tendered in evidenceEvery certified copy or extract of any registered document purporting to be signed by the Registrar shall be receivable in evidence in any civil or criminal case without further or other proof therof unless it is proved to be a forgery. The party proposing to use it in evidence shall deliver a copy of such certified copy or extract to the opposite party, and such copy or extract shall be recieved in evidence if the Court is of opinion that the copy thereof was delivered in sufficient time before the hearing to enable the opposite party to inspect the original register from which the copy or extract has been taken.
27. *(1)Application of Bills of Sale ActsExcept as in this Part provided, the provisions of the Bills of Sale Acts, 1878 to 1882, of the United Kingdom, shall apply to bills of sale.[*See the Bills of sale (Registration) Act (Cap. 1991).]
28. Concessions by chiefs unaffectedNothing in this Part contained shall affect any concession or grant of land or any interest in land heretofore or hereafter made by any chief or any power of attorney or instrument or document of procuration heretofore or hereafter granted by any such chief.
Part III – Provisional Certificates and Certificates of Title
29. Certificate of Title required before registrationAs from the 1st May, 1944, no document purporting to grant, convey or transfer land or any interest in land, or to be a State Lease or agreement for a State Lease, or to be a lease or agreement for a lease for a term of not less than fourteen years, or to create any charge upon land, whether by way of mortgage or otherwise, shall be registered under the provisions of Part II unless, prior to such registration, a Certificate of Title or a Provisional Certificate in respect of the land comprised in such document has been issued to the person or persons entitled thereto.*[See the Bills of sale (Registration) Act (Cap. 1991).]
30. Who may obtain Provisional Certificate or Certificate of TitleA Provisional Certificate or a Certificate of Title may be issued only to a holder of land in fee simple or as absolute owner or to the original lessee or subsequent transferee of a State Lease.[As amended by S.I. No. 65 of 1965]
31. Tenants for life and tenants in tail
32. Effect of issue of Provisional CertificateThe issue of a Provisional Certificate shall confer upon the Registered Proprietor of the land comprised in such Certificate all the rights, benefits and privileges under Parts III to VII of a Registered Proprietor holding a Certificate of Title except that the Court may, at any time upon good cause shown at the suit of any person who claims that he has a better title, cancel or amend a Provisional Certificate and in that event may order the rectification of the Register accordingly.
33. Effect of issue of Certificate of TitleA Certificate of Title shall be conclusive as from the date of its issue and upon and after the issue thereof, notwithstanding the existence in any other person of any estate or interest, whether derived by grant from the President or otherwise, which but for Parts III to VII might be held to be paramount or to have priority; the Registered Proprietor of the land comprised in such Certificate shall, except in case of fraud, hold the same subject only to such encumbrances, liens, estates or interests as may be shown by such Certificate of Title and any encumbrances, liens, estates or interests created after the issue of such Certificate as may be notified on the folium of the Register relating to such land but absolutely free from all other encumbrances, liens, estates or interests whatsoever:
34. Restriction on ejectment after issue of Certificate of Title
35. Protection against adverse possessionAfter land has become the subject of a Certificate of Title, no title thereto, or to any right, privilege, or easement in, upon or over the same, shall be acquired by possession or user adversely to or in derogation of the title of the Registered Proprietor.
36. Application for Provisional CertificateAny person interested in any land may apply for the issue to the persons entitled thereto of a Provisional Certificate in respect of such land.
37. Formalities of applicationEvery applicant, when making his application for a Provisional Certificate, shall produce to the Registrar all instruments in his possession or under his control or in any way affecting his title and shall furnish a schedule of such instruments and also, if required, an abstract of his title, and shall make and subscribe a declaration of the truth of the statements in such application.
38. Procedure upon application
39. Issue of Provisional CertificateIf, at the expiration of the time or times specified in the notices mentioned in the last preceding section, it appears to the Registrar that all necessary notices have been given and all necessary documents produced and that no notice of objection has been lodged, the Registrar shall issue a Provisional Certificate to the applicant in Form 3 in the Schedule, showing as the Registered Proprietor the person appearing to be entitled to the land:Provided that a Provisional Certificate shall not be issued until the Registrar has stamped or otherwise marked such documents of title, if any, as will, in the opinion of the Registrar, when stamped or otherwise marked, give notice to any purchaser or other person dealing with the land of the issue of a Provisional Certificate.
40. Minister may prescribe different procedure when Registrar is not a barrister or solicitorIf, and so long as, the person holding the office of Registrar is not a barrister or solicitor, the Minister may, by statutory order, direct that the following procedure shall be substituted for the procedure prescribed in sections thirty-seven, thirty-eight and thirty-nine:
41. Disposal of objections to issue of Provisional CertificateAny objection which may have been lodged with the Registrar against the issue of a Provisional Certificate and which has been so lodged within the time specified in the Registrar's notice calling for such objections shall be referred by the Registrar to the Court, and the Court after hearing all necessary parties may, according to the rights of the parties, either order that the Provisional Certificate shall issue as prayed or order that it shall issue in an amended form or shall be refused, and the Registrar shall act in accordance with such order.
42. Certificate of Title to issue on original State GrantThe President upon an original grant of land, whether by way of fee simple or leasehold, shall instruct the Registrar to issue a Certificate of Title without any Provisional Certificate, and the Registrar shall in such event issue a Certificate of Title accordingly without any Provisional Certificate or any advertisement or other preliminary procedure as provided in Parts III to VII.[As amended by S.I. No. 65 of 1965]
43. Certificate of Title may be issued six years from Provisional CertificateAfter the expiration of six years from the issue of a first Provisional Certificate in respect of any land, the Registered Proprietor of such land for the time being may apply to the Registrar for a Certificate of Title to such land and, upon such application, the applicant shall deliver to the Registrar all documents in his possession or under his control constituting or in any way affecting his title.
44. Procedure on application for Certificate of TitleUpon receiving an application for the issue of a Certificate of Title, the Registrar shall cause notice of such application in Form 4 in the Schedule to be advertised in the Gazette and at least one newspaper published in Zambia or approved by the Minister, and shall in such advertisement appoint a time within which any objection to the issue of the Certificate of Title may be lodged with the Registrar.[As amended by G.N. No. 274 of 1964 and S.I. No. 65 of 1965]
45. Issue of Certificate of TitleIf, at the expiration of the time specified in the advertisement referred to in the last preceding section, no objection shall have been lodged, the Registrar shall proceed to file and cancel all the documents of title delivered to him with such application, including the Provisional Certificate, and shall issue to the applicant a Certificate of Title in Form 5 in the Schedule.
46. Disposal of objections to issue of Certificate of TitleAny objection which may have been lodged with the Registrar against the issue of a Certificate of Title and which shall have been so lodged within the time limited in the notice calling for such objections shall be referred by the Registrar to the Court, and the Court after hearing all necessary parties may, in accordance with the rights of such parties, order that a Certificate of Title shall issue as applied for, or may order that it shall issue in an amended form or shall be refused, and the Registrar shall act in accordance with such order.
47. Interests outstanding at time of issue of CertificateLeases, mortgages, encumbrances or other estates or interests affecting the estate of the Registered Proprietor at the time of the issue of a Provisional Certificate or a Certificate of Title shall, so far as the same are disclosed upon the application or can otherwise be ascertained, be notified on the Register in such manner as to preserve their priority.
48. Existing encumbrances to be noted on CertificateThe Registrar shall note upon every Provisional Certificate and every Certificate of Title, in such manner as to preserve their priority, the memorials of all unsatisified mortgages, leases and other estates and interests, outstanding or otherwise, to which the land is subject at the time of issuing such Certificate, and any documents dealing with such mortgages, leases, other estates or interests; and in the case of a Provisional Certificate or Certificate of Title issued to a minor, or person under other legal disability, the Registrar shall, in such Certificate, state the particulars of such disability so far as he has notice or knowledge thereof.
49. Certificate: how to be dated
50. How memorial of easement to be recordedWhenever any easement or incorporeal right, other than an annunity or rent-charge, in or over any land comprised in a Provisional Certificate or a Certificate of Title, is created for the purpose of being annexed to, or used and enjoyed together with, other land, the Registrar shall enter a memorial of the instrument creating such easement or incorporeal right upon such Provisional Certificate or Certificate of Title and also upon any Provisional Certificate or Certificate of Title of such other land, and such memorial shall, as from the date of entry thereof, have the effect of including such easement in such Provisional Certificate or Certificate of Title of such other land as appurtenant to the land therein described.
51. Joint tenants and tenants in common
52. Issue of Certificate of Title may be withheld for fourteen days in certain casesThe Registrar shall not be bound to issue a Certificate of Title upon any application in respect of which notice is hereby required to be given by advertisement until after the expiration of fourteen days from the time limited in such advertisement.
53. Certificate not to be void though issued in name of person deceasedIf any Provisional Certificate or Certificate of Title is issued in the name of a person who has previously died, such Certificate shall not be void, but the land comprised therein shall devolve in like manner as if such Certificate had been issued immediately prior to such death.
54. Certificate to be evidence of proprietorshipEvery Provisional Certificate and every Certificate of Title, duly authenticated under the hand and seal of the Registrar, shall be received in all courts of law and equity as evidence of the particulars therein set forth or endorsed thereon, and of their being entered in the Register, and shall, unless the contrary is proved by the production of the Register or a copy thereof certified under the hand and seal of the Registrar, or unless the rectification of a Provisional Certificate is ordered by the Court, be conclusive evidence that the person named in such Provisional Certificate or Certificate of Title, or in any entry thereon, as seised of or as taking estate or interest in the land therein described is seised or possessed of such land for the estate or interest therein specified as from the date of such Certificate or as from the date from which the same is expressed to take effect, and that such Certificate has been duly issued.
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 ratesWhere a transfer has been lodged for registration without production of the outstanding Provisional Certificate or Certificate of Title, the Registrar may, if he is satisfied that such outstanding Certificate cannot be got in and cancelled, register the transfer and issue a new Certificate in the name of the purchaser without such cancellation.[No. 9 of 1967]
Part IV – Transfer and transmission of registered land
58. Purchaser from Registered Proprietor not to be affected by noticeExcept in the case of fraud, no person contracting or dealing with or taking or proposing to take a transfer or mortgage from the Registered Proprietor of any estate or interest in land in respect of which a Certificate of Title has been issued shall be required or in any manner concerned to inquire into or ascertain the circumstances in or the consideration for which such Registered Proprietor or any previous Registered Proprietor of the estate or interest in question is or was registered, or to see to the application of the purchase money or of any part thereof, or shall be affected by notice, direct or constructive, of any trust or unregistered interest, any rule of law or equity to the contrary notwithstanding, and the knowledge that any such trust or unregistered interest is in existence shall not of itself be imputed as fraud.
59. No liability on bona fide purchaser or mortgageeNothing in Parts III to VII shall be so interpreted as to render subject to action for recovery of damages, or for possession, or to deprivation of any land in respect to which a Certificate of Title has been issued, any purchaser or mortgagee bona fide for valuable consideration of such land on the ground that his vendor or mortgagor may have become a Registered Proprietor through fraud, or error, or under any void or voidable instrument, or may have derived from or through a Registered Proprietor through fraud or error, or under any void or voidable instrument, and this whether such fraud or error consists in wrong description of the boundaries or of the parcels of any land, or otherwise howsoever.
60. Creation of various estates
61. Transfer by Registered Proprietor
62. Implied covenant in transfer of equity of redemptionIn every transfer of land subject to a mortgage, there shall be implied a covenant on the part of the transferee to and with the transferor to pay the interest or other payments thereafter to become due by virtue of such mortgage at the time and in manner therein specified for payment thereof, and to pay the principal sum when and as the same becomes due, and to keep harmless and indemnified the transferor in respect of such payments, and in respect of all liability on account of the future observance of the covenants and conditions on the part of the transferor in such mortgage expressed or implied.
63. Memorandum of order of court vesting estate or interest to be entered on RegisterWhenever any order is made by any court of competent jurisdiction vesting any estate or interest in land in any person, the Registrar, upon being served with an office copy of such order, shall enter a memorandum thereof in the Register and on the outstanding instrument of title and, until such entry is made, the said order shall have no effect in vesting or transferring the said estate or interest.
64. Charge in assentNotwithstanding anything contained in Parts III to VII, a charge on land or on any estate or interest in land may be contained in an assent under section 3 of the Land Transfer Act, 1897, of the United Kingdom.
65. Mortgage to take effect as securityA mortgage of any estate or interest in land shall have effect as security and shall not operate as a transfer or lease of the estate or interest thereby mortgaged, but the mortgagee shall have and shall be deemed always to have had the same protection powers and remedies (including a power of sale, the right to take proceedings to obtain possession from the occupiers and the persons in receipt of rents and profits or any of them and, in the case of land held in leasehold, the right to receive any notice relating to the land the subject of the mortgage which under any law or instrument the mortgagor is entitled to receive) as if the mortgage had so operated as a transfer or lease of the estate or interest mortgated.[No. 31 of 1958]
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 settlementUpon the registration of a transmission under any will or letters of administration, the Registrar may enter a caveat for the protection of the interests of persons appearing by such will or letters of administration to be beneficially interested in the estate or interest the subject of such transmission.
71. Disclaimer of lease on bankruptcy of lesseeUpon the bankruptcy of the lessee under any registered lease or State Lease of land, the Registrar, upon the application in writing of the trustee in bankruptcy of the bankrupt's estate, accompanied by a statement in writing signed by such trustee certifying his disclaimer of such lease or State Lease and upon delivery of an order of Court giving leave so to disclaim, shall enter in the Register the particulars of such disclaimer.[As amended by S.I. No. 65 of 1965]
72. Entry to operate as transfer on sale or surrenderSuch entry or disclaimer as aforesaid shall operate as a transfer on sale or as a surrender as may be specified in the order of Court giving leave for the disclaimer.
73. No entry of disclaimer except with leave of court
Part V – Trusts[As amended by No. 5 of 1943]
74. No entry of trusts to be made on register except those specially authorised
75. Vesting in new trusteesSection 12 of the Trustee Act, 1893, of the United Kingdom, shall not apply to land in respect of which a Provisional Certificate or a Certificate of Title has been issued, but whenever a new trustee is appointed to perform any trust in relation to such land, the person or persons in whom the legal estate of the land or the estate or interest therein comprised in such trust is vested shall forthwith transfer the same to the persons jointly who are the trustees as the result of such appointment.
Part VI – Caveats[No. 5 of 1943]
76. Caveat against dealing with landAny person—
77. Particulars to be stated in caveat
78. Service of notices as to caveatsEvery notice relating to a caveat and any proceedings in respect thereof if served at the place appointed in the caveat, or forwarded through the Post Office by registered letter addressed as aforesaid, shall be deemed duly served.
79. Effect of caveat against dealingsSo long as a caveat in Form 8 remains in force, the Registrar shall not make any entry on the Register having the effect of charging or transferring or otherwise affecting the estate or interest protected by such caveat:Provided that nothing herein shall prevent the completion of the registration of an instrument which has been accepted for registration before the receipt of the caveat.
80. Notice of caveat to be given to persons affectedUpon the receipt of any caveat, the Registrar shall notify the same to the Registered Proprietor or other person against whose title to deal with land or other interest such caveat has been lodged. Such notification may be sent by ordinary prepaid post addressed to the person to be notified at his address as shown in the Register or, if there be no such address, by posting it up in a conspicuous place outside the office of the Registry for not less than seven days.
81. Procedure for removal of caveat
82. Person entering caveat without cause liable for damages
83. Caveat may be withdrawnAny caveat may be withdrawn by the caveator or by his attorney or agent under a written authority, and either as to the whole or any part of the land affected, or the consent of the caveator may be given for the registration of any particular dealing expressed to be made subject to the rights of the caveator.
Part VII – Miscellaneous
84. Registrar may require production of instrumentsEvery Registrar, in addition to the powers hereinbefore vested in him, may exercise all or any of the powers following, that is to say:
85. Penalty for failure to produce instruments when required by Registrar
86. Public rights of wayWhere any land is held on trust to be kept open for use as a street or road or other right of way for the public, such trust may be noted on the Register.
87. Appeal to Court from decision of RegistrarIf the Registrar refuses to perform any act or duty which he is required or empowered by this Act to perform, or if a Registered Proprietor or other interested person is dissatisfied with the direction or decision of the Registrar in respect of any application, claim, matter or thing under this Act, the person deeming himself aggrieved may appeal to the Court.
88. Registrar may submit special caseThe Registrar may, by special case, submit for the decision of the Court any question arising under this Act which appears to him to require such decision; and the Court shall give its judgment thereon as if such question had been raised in due form upon an appeal from the decision of a subordinate court
89. Procedure on appealsIn the conduct of appeals from the Registrar to the Court, the same rules shall apply as are in force or exist for the time being in respect of ordinary appeals to the Court from a subordinate court.
90. Penalty for unqualified person actingAny person who, not being a barrister or solicitor, transacts any business under this Act for and on behalf of any other person for fee or reward shall be guilty of an offence and liable to a fine not exceeding one thousand five hundred penalty units:Provided that nothing contained in this section shall apply to a Government officer acting in the performance of his duties as such.[As amended by Act No. 13 of 1994]
91. Mining rightsThe Registrar shall, subject to any regulations which may be prescribed, note in such manner as he may think fit in any folium of the Register and also upon any Certificates of Title or Provisional Certificates particulars of any rights granted or acquired under the Mines and Minerals Act which affect the land referred to or comprised in such folium of the Register or in such Certificates.[As amended by No. 46 of 1969][Cap. 213]
92. RegulationsThe Minister may, by statutory instrument, make regulations and from time to time cancel, alter or amend the same—
History of this document
19 November 2010 amendment not yet applied
31 December 1996 this version
01 May 1944
01 November 1914
|Lands and Deeds Registry (Amendment) Regulations, 1994||Statutory Instrument 31 of 1994|
|Lands and Deeds Registry (Amendment) Regulations, 1997||Statutory Instrument 12 of 1997|
|Lands and Deeds Registry (Amendment) Regulations, 2004||Statutory Instrument 21 of 2004|
|Lands and Deeds Registry (Amendment) Regulations, 2005||Statutory Instrument 24 of 2005|
|Lands and Deeds Registry Regulations, 1996||Statutory Instrument 67 of 1996|
|Non-Cadastral Survey and Mapping (Fees and Charges) (Amendment) Notice, 2004||Statutory Instrument 20 of 2004|