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
3. Presentation of documents relating to land
3A. Documents to be accompanied by a form in duplicate
4. Documents for deducing title
7. Sketch plans of several pieces of land
8. Subdivisions to be endorsed on prior documents
[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,
SI 8 of 2013,
SI 53 of 2013.
These Regulations may be cited as the Lands and Deeds Registry Regulations.
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.
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.
(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.]
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.
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:
{mprestriction ids="2,3,5"}
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;
(ii) mortgages to the State and discharges of such mortgages;
(iii) transactions and dealings attracting fees in respect of land acquired by the Government of the United Kingdom;
(b) where the Minister so authorises, any fees payable in respect of any document required to be registered to effect the amalgamation of any company or association or body of persons, whether corporate or unincorporate, with any other company or association or body of persons, whether corporate or unincorporate, shall be reduced by fifty per centum or such greater per centum as the Minister may specify in the said authority.
[Am by GN 225 of 1959; 71 of 1962; 274 of 1964; SI 65 of 1965.]
(1) If any deed conferring title to land or any mortgage deed is lost or destroyed and a copy thereof certified by the Registrar is required for any purpose, the holder of the title to such land under such deed or the mortgagee, as the case may be, or a duly authorised agent of such title-holder or mortgagee, may make written application to the Registrar for such copy. The application must be accompanied by an affidavit describing the deed and stating that it is not being held by some other person but that it has been lost or destroyed and that diligent search has been made for it without success, and, where possible, setting out the circumstances of its loss or destruction.
(2) The Registrar may, if he is of opinion that corroborative evidence of the loss or destruction is necessary, request such evidence either from the applicant or from any person in whose custody the deed may have been prior to its loss or destruction.
(3) The applicant shall also insert once in the Gazette and once in a newspaper circulating in Zambia a notice in the form set out in the Second Schedule.
(4) The applicant shall lodge with the Registrar the application, the affidavit and a copy of the issue of the newspaper in which the notice appeared and shall inform the Registrar of the number and date of the Gazette in which the notice was published.
(5) After the expiration of the time mentioned in the notice, the Registrar shall, if he is satisfied that no good reason to the contrary exists, issue the certified copy required:
Provided that no such copy shall be issued until the Registrar has searched the registers and ascertained that there is no record of the alienation of the property by the person by whom or on whose behalf the application is made.
(6) If a copy of any deed issued to serve as an original is itself lost or destroyed, the Registrar may, subject to the fulfilment of the conditions prescribed in this regulation, issue a further copy to serve as the original:
Provided that the notice prescribed by sub-regulation (3) shall be headed "Lost Copy of Lost (here describe the deed)".
(7) In the event of the title-holder or mortgagee of land under the lost or destroyed deed being deceased, bankrupt or a lunatic, or in the event of his having made an assignment of his estate for the benefit of his creditors, the application and affidavit may be made by the person legally entitled to administer the estate.
[Am by SI 65 of 1965.]
(1) Copies of deeds conferring any title to land or to any interest in land or of mortgage deeds, which are required for information only or for judicial purposes, may be issued on the application of any person and the words "Issued for information only" or "Issued for judicial purposes only", as the case may be, shall be written or stamped on the face of every copy so issued.
(2) If a certified copy of any document other than the documents specified in sub-regulation (1) is required by any person, the same may be obtained on application to the Registrar.
[Am by GN 225 of 1959.]
(1) Every requisition for an official search shall be in the form set out in the Third Schedule, and every certificate of an official search shall contain the following information concerning every entry appearing in the register in respect of which the search is being made-
(a) the date of the document;
(b) the names of the parties;
(c) the nature of the document;
(d) the registered number;
(e) the date of registration;
(f) a description of the property.
(2) A record of every certificate of official search issued shall be kept in the office of the Registrar.
(3) No requisition for an official search shall refer to more than one piece of land and no certificate of official search shall be issued in respect of more than one piece of land.
[Am by GN 21 of 1941; 225 of 1959; 71 of 1962.]
Any document which has been registered in Zambia prior to the commencement of these Regulations, in accordance with the provisions of any written law in force in Zambia at the time of such registration, shall be deemed to have been properly registered in accordance with these Regulations.
[Am by SI 65 of 1965.]
[Regulation 10]
[First Sch subs by reg 2 of SI 21 of 2004; am by reg 2 of SI 24 of 2005, reg 2 of SI 5 of 2013, reg 2 of SI 53 of 2013.]
PRESCRIBED FEES
CATEGORY I
Registration fees in respect of assignments, transfers and other similar documents shall be calculated on the value of the property at the rate of one per cent, except that the maximum fee payable shall not be more than fifteen thousand kwacha.
CATEGORY II
The fees charged under this category shall be payable in respect of documents relating to mortgages, debentures, charges, further charges, agriculture charges, guarantees, covenants, floating charges and similar documents and shall be calculated on the amount secured or guaranteed at the rate of one per cent, except that the maximum fee payable shall not be more than four thousand kwacha.
CATEGORY III
Registration fees for documents relating to leases, sublease, or agreement for leases and other similar documents for a short-term period shall be calculated on the amount of the annual rent at the rate of two per centum as in Category I for any premium or their fixed amount.
CATEGORY IV
1.Any entry or cancellation on register made pursuant to a court order. | Fee Units |
2. Registration of Deed of Moet, Deed of Gift, Deed of Vesting Assent and other similar specifically mentioned in the Schedule. | 278 |
3. Registration of probate or letters of appointment of administration-ship. | 278 |
4. Transmission on the death of a joint tenant. | 278 |
5. Entry of Notice of the death of a registered owner with particulars of representation. | 278 |
6. Entry of cancellation of any notice. | 278 |
7. Registration of any notice of the existence of any burden. | 278 |
8. Entry of an appurtenant. | 278 |
9. Registration of common leasehold schedule. | 278 |
10. Correction of register in accordance with sub-section (2) of section 11, of the Act except where the correction relates to an incorrect entry or omission from the register in consequence of an error made in the Lands and Deeds Registry in which no fee shall be payable. | 279 |
11. Entry of cancellation of a notice of deposit of certificate of title or sublease. | 278 |
12. Entry or withdrawal of a caveat where the interest shown is that of- | 278 |
(a) intending purchaser, intending mortgage, intending transferee or other such similar interest; or | 278 |
(b) such interest not included in (a) above. | 278 |
13. Any entry or cancellation on a register not otherwise provided for in this Schedule | 278 |
CATEGORY V
The fee charge under this part shall be payable and shall apply in respect of the Lands Register and the Common Leasehold Register.
Fee Units |
|
1. Preparation and issue of certificate of title. | 278 |
2. Preparation and issue of provisional certificate of title. | 278 |
3. Registration of certificate of title. | 278 |
4. Registration of a provisional certificate of title. | 278 |
5. Certifying copy of any printed State consent granted, printed surrender to the President or other similar document. | 56 |
6. Certifying a copy or any other document. | 56 |
7. Making a certified copy of any registered document, for a copy of each page of the document. | 112 |
8. (a) issuance of duplicate certificate of title | 556 |
9. Personal search and examination of index of names | 56 |
10. Computer print-out of entries in a specified folio | 139 |
11. Official search as to entries in a specified folio | 556 |
12. For every entry in the register recorded on the certificate of the official search | 28 |
13. Official search in the index of names, including certificate of result of such search. | 278 |
14. For every registration, entry, cancellation certificate of act done in the Registry, or a District Registry, not being any or the matters or things mentioned above. | 278 |
CATEGORY VI
1. For each registration of document made under section 10 of the Act in the Miscellaneous Register, the fee payable shall be-
(a) for each registration- | 278 |
(b) for making certified copy of each of document | 56 |
| 2. Registration of bill of Sale | 556 |
PART II
The fees charged under this Part shall apply in respect of-
(a) the Lands Register; and
(b) the Common Leasehold Register.
Transaction | Fee Units |
1. Preparation and issue of a certificate of title | 111 |
2. Preparation and issue of a provisional certificate of title | 84 |
3. Registration of a certificate of title | 28 |
4. Registration of a provisional certificate of title | 28 |
5. Certifying a copy of any printed state consent granted, printed surrender to the President or other similar document | 28 |
6. Certifying a copy of any other document | 28 |
7. Making a certified copy of any registered document, for a copy of each page of the document | 28 |
8. (a) issuance of duplicate certificate of title | 280 |
(b) copy of each page of a document attached to the Certificate of Title referred to in paragraph (a) | 28 |
9. Issuance of certified copy of any document in accordance with regulation II, for a copy of each page of such document | 28 |
10. Personal search and examination of entries in a specified folio | 28 |
11. Personal search and examination of index of names | 28 |
12. Making available a computer printout of entries in a specified folio | 100 |
13. Official search in respect of entries in a specified folio including certificate of the result of search | 140 |
14. For every entry in the register recorded on the certificate of the official search | 10 |
15. Official search in the index of names, including certificates of the result of such search | 28 |
16. For every registration, entry, cancellation, certificate of act done in the Registry, or a District Registry, not being any of the matters or things mentioned above | 56 |
PART III
Transaction | Fee Units |
Registration of a Bill of sale | 40 |
PART IV
The fee payable for each registration of document made under section 10 of the Act relating to a transaction in the Miscellaneous Register shall be as follows-
Transaction | Fee Units |
(a) for each registration | 114 |
(b) making certified copy of any registered document, for a copy of each page of the document | 28 |
[Regulation 11]
APPLICATION FOR CERTIFIED COPY OF LOST DEED
LOST
(here insert description of the deed)
NOTICE IS HEREBY GIVEN that I intend applying for a certified copy of (here insert description of the deed) No. .................... dated ................................................. passed by (here insert the name of the person, if any, passing the deed, and if none omit the word "by"), in favour of (here insert the name of the person in whose favour the deed was passed) in respect of certain (here insert a description of the property). All persons having objection to the issue of such copy are hereby required to lodge the same in writing with the Registrar of Deeds within thirty days from the date of the publication of this notice.
Dated at .................................. this ........................................... day of ............ .........................19........
..........................................
Applicant or his attorney or agent
[Regulation 13]
REQUISITION FOR OFFICIAL SEARCH
I require an official search to be made in the Deeds Registry for all entries of any
matters or documents whereof entries are required or allowed to be made in the Registry, relating to the following-
(a) A piece of land
(b) In the name of REQUISITION NO.
Such search to give entries appearing in the (c) Register commencing with a document dated the .................................. day of .................................. 19.......... made between (d).........................
Dated the ............................... day of ...............................19......................................................
Fully describe the property. (a) and (b) strike out as may be necessary. (c) insert which Register. (d) here state parties.
..........................................
Applicant
[Am by GN 65 of 1965.]
[Regulation 3A]
To be submitted in duplicate
The Lands and Deeds Registry Act
IMMOVABLE PROPERTY TRANSACTION FORM
1. Type of Transaction: 2. Date of Document :.............. ...................
Conveyance/Assignment/Lease*
3. Transferor:
Full Names: .........................................................................................................................
Postal Address: ..................................................................................................................
Residential Address: ..........................................................................................................
4. Transferee:
Full Names: ........................................................................................................................
Postal Address: .................................................................................................................
Residential Address: ..........................................................................................................
5. Property:
Province: .......................................... Town (or nearest Town): ............................................... Farm/Stand/Plot/No.* ............................................ ... Area: ................ acres/hectares/sq. ft/sq. metres*
Address: (Number, Street and Area of Town): ......................................................................
Brief Description (i.e. nature of improvements): ...................................................................
Total Rateable Value: K................. Land: K................. Improvements: K ............................. (if any)
6. Interest Transferred or Created:
*(i) Freehold Conveyed.........................................................................................................
*(ii) Leasehold Assigned of ...................... ......... Years from ...............@ K................. p.a.
*(iii) Lease Granted of ..................................................... Years from .................................
7. Consideration for this Transaction:
*(i) Capital Payment now K..................... (in words) ...........................................................
..............................................................................................................................................
*(ii) Mortgage Debt to Transferor Created K............. (in words)............................... ..........
...............................................................................................................................................
*(iii) Rent Reserved K.................. p.a. (in words) ......................................... ......................
...............................................................................................................................................
*(iv) Any other (debt released, terms surrendered, land exchanged, royalty, etc.)
................................................................................................................................................
................................................................................................................................................
8. Minor Interests: ..........................................
................................................................................................................................................
................................................................................................................................................
................................................................................................................................................
9. Person or Solicitors Registering Transaction:
Name: ....................................................................................................................................
Address: ................................................................................................................................
................................................................................................................................................
Capacity: ................................................................................................................................
*Delete as applicable
For Official Use only | ................................................... Permanent Secretary , |
Lusaka, ......................................, 19 |
[Am by SI 100 of 1973.]
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