How To Get A Title Deed In Zambia – The Right Way!
How does one get a title deed in Zambia? What is a title deed? Let’s begin with some definitions. According to Business Dictionary, A Title Deed is a “legal document (instrument) executed and acknowledged under the seal and in the presence of a notary, evidencing the right of ownership to a property described therein”. A notary is a person licensed by the government to perform acts in legal affairs, in particular witnessing signatures on documents.
In functional terms therefore, a title deed is a document that provides a detailed background with regards to rights of ownership on land and property from the time of first registration. The title deed will typically content a comprehensive description of the land and property including dimensions and exact size measurements. A full history of anything relating to the property will also be highlighted within the title. This will include any history of mortgages secured, conveyances, contracts of sale, and so on.
So how does one get to obtain a title in Zambia? The government authority responsible for title deeds in Zambia is the Ministry of Lands and Natural Resources. First thing you will need to do is get advice directly from the Ministry of Lands and Natural Resources regarding your particular case if you intend on getting title. Costs, procedures and requirements will vary from time to time but typically do not change that frequently. For the purposes of this article, we will assume you want to obtain virgin land from the state on title. Land allocation procedure for state land will typically follow the standard procedure outlined below;
- Step 1: The prospective land owner (you) lodges an application for land with the Town Clerk or Council Secretary.
- Step 2: The Committee of the Council that deals with land matters interviews applicants and selects suitable candidates.
- Step 3: Names of approved candidates by the Committee are presented to the full council or Ordinary Council Meeting for adoption.
- Step 4: Town Clerk/Council Secretary writes a recommendation letter to the Commissioner of Lands and encloses:-
(i) Minutes of both the Land Committee and the Ordinary Council meetings.
(ii) Annexure A Land application form for stands.
- Step 5: The application is processed through hierarchical internal submissions to the commissioner of Lands who approves or rejects the application.
- Step 6: Upon approval an invitation to treat is issued to the applicant.
- Step 7: Upon payment of prescribed fees outlined in the invitation to treat, the applicant is issued with a letter of offer.
- Step 8: The offeree is then required to submit survey diagrams / sketch plans to the commissioner’s office so that a lease can be prepared and eventually Certificate of Title issued.
In some special cases such as in the case of land sizes between 250 hectares and 1000 hectares, the Commissioner of Lands passes the application to the Minister of Lands and Natural Resources. Further, in applications for land above 1,000 hectares, a special concession is required and the Minister in this case seeks the President’s consent for approval by the Commissioner of Lands.
Hope this helps answer some questions on title deeds in Zambia. We will explore further procedure in coming blog posts. Subscribe today to stay in the loop! Comments and questions welcome in the comment section below. For any conveyancing service needs, do not hesitate to get in touch.
Definition from: http://www.businessdictionary.com/definition/title-deed.html]