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A Guide to Land Acquisition Procedure in Zambia

Information on the land acquisition process is not easily accessible, leaving many potential buyers susceptible to scams.

As Zambians become more knowledgeable about the benefits of land ownership, there has been an increase in land transactions in the Zambian property market. As one of the factors of production, land empowers the landowner, leading to social and economic development.

To help with the land acquisition process, we have put together a guide for you.

Zambia Land Extent

Zambia has approximately 752, 610 km² of land. The land is divided into two categories namely:

This comprises only 6% of the country’s land, zoned into residential, commercial or industrial use by the district councils according to their jurisdictions.

• Customary Land

This land falls under the jurisdiction of the traditional chiefs and comprises approximately 94% of the country’s land.

Land Tenure

Zambia has two types of tenure, namely leasehold and customary tenure. The leasehold tenure is for a term not exceeding ninety-nine years, renewable for a further ninety-nine years.

Land Ownership and Alienation

According to the 1995 Land Act, all land in Zambia is vested absolutely in the President and shall be held by him in perpetuity for and on behalf of the people of Zambia. The President may alienate land vested in him, to any Zambian or non-Zambian under certain circumstances, he will however not alienate any land situated in a district or an area where land is held under customary tenure.

The Office of the Commissioner of Lands, at the Ministry of Lands, is responsible for alienating land in the Country, on behalf of the President. Through the Land Act of 1995, Chapter 184 of the Laws of Zambia, the Commissioner of Lands undertakes to alienate land to both Zambians and Non-Zambians, on behalf of the President of the Republic of Zambia. The local authorities (also known as, District Councils, Municipal and City Councils) act as agents of the Ministry of Lands and Natural Resources in allocating land in different towns and districts.

A person has the right, individually or in association with others, to own property in any part of Zambia as prescribed in The Bill of Rights, under Acquisition and Protection of Property. Though the land acquisition procedure is not set out in the Lands Act 1995, you can apply for and acquire land in four ways:

• Directly through the Commissioner of Lands
• Local authorities
• Traditional authorities.

Acquiring land from a private seller

Applying for Land directly to the Commissioner of Lands

• Send your application directly to the Office of the Commissioner of Lands, at the Ministry of Lands and Natural Resources, stating your National Registration Card (NRC), and contact details to Customer Service Centre.
• You will be issued an Invitation to Treat (ITT) if the application is approved.
• You will then need to pay the fees outlined on the ITT within the specified time, failure to which it will be cancelled.
• Once the fees in the ITT are paid, the Ministry will issue you with an Offer Letter.
• National Registration Card (NRC), Driver’s License or Passport.
• Letter of offer; and
• Receipt where the ITT was paid for.
• After submission of the documents, the Ministry prepares a Lease Agreement, which you and your witness are expected to sign.
• You should make a follow-up after 30 working days upon signing a Lease Agreement at the Customer Service Centre to check for the Certificate of Title.
• Once the Certificate of Title is ready, you can collect it upon presentation of your NRC.

Applying for Land through the Local Authorities (Councils)

• The local council plans the land and advertises it.
• If you are interested in the land, you need to buy an application form from the council, fill it in and submit it to the council.
• Provide evidence that you can develop the land; this could be a copy of your bank statement to ascertain your financial capacity.
• If you are successful, you will be given an offer letter.
• You need to accept the offer within the specified time frame by paying the amount shown in the offer letter.
• After making the payment, the council will provide a recommendation letter, to the Commissioner of Lands, with council resolution minutes indicating the decision to allocate the land.
• Recommendation Letter from the Council
• Full Council minutes
• Annexure A or C forms
• Incorporation certificate / ZDA (if company, church, society
• Once the fees in the ITT have been paid, the Ministry will issue you an Offer Letter.

Note: District Councils do not recommend alienating land on title exceeding 250 hectares for farming purposes in the Reserves and Trust Land areas.

Applying for Customary Land

You can apply for customary land through:

• Barotse Royal Establishment (BRE) in Western Province
• Traditional leaders for the rest of the country.

Applying for Customary Land in Western Province through the BRE

• Approach a local headman, who lives near where you would like to settle, who will then introduce you to the Induna.
• The Induna will make an application to the BRE.
• If your application is approved, a letter of occupancy bearing the official seal of the Litunga, the elephant, will be issued to you.

Applying for customary land anywhere else in Zambia

• Approach a local headman, who lives near where they would want to settle.
• The local headman will interview you.
• If you are from another chiefdom, you will be required to produce a letter from the chief of the area you are coming from introducing you and giving details of what kind of person you are and why you left the chiefdom.
• If you were chased for reasons not accepted by people in the new area, the headman may refuse to allow you to settle there.
• If the headman does not see anything that would affect the area negatively, the application is then taken to the chief where a council will sit and decide on the application.
• Once the chief’s council approves the application, the headman will allocate the land to you indicating the boundaries.
• Your names will be entered in the village or area register.
• For farmland, the chiefdom will issue a land record or land permit specific to the chiefdom.

Note: There are no title deeds that accompany customary tenure however, the 1995 Land Act allows a person to convert land under customary tenure into a leasehold tenure not exceeding ninety-nine years on application .

• A visit to the location and
• Inspection of the land to ensure it meets your requirements.
• The true owner of the land and
• Make sure there are no encumbrances or concerns regarding the land.
• If all is in order, make a formal application for the land to the seller.
• The seller will issue an offer letter, setting the head terms.
• If you accept the terms, sign the offer letter, and return it to the seller.
• The purchase price,
• Location of the land,
• Size of the land,
• Payment plan, and
• Other relevant information.
• Once signed, you then make the payment. Payments are made according to the payment terms in the contract of Sale. This can be in instalments or a single payment.
• You then pay Property Transfer Tax to the Zambia Revenue Authority (ZRA).
• Once payment has been made, ZRA will issue a Property Transfer Tax Clearance Certificate.
• Both you and the seller will sign a Deed of Assignment (Drafted by a lawyer) transferring ownership of the land from the seller to the buyer.
• Original Certificate of Title
• Signed Deed of Assignment
• State Consent to Assign (Issued by the Ministry of Lands)
• Certificate of Property Transfer Tax Clearance.
• You make payment to the Ministry of Lands for the preparation of the lease.
• The Ministry prepares a Lease Agreement, which you and your witness will sign.
• You then pay the lease registration fees.
• Once the Certificate of Title is ready, you should collect it, upon presentation of your NRC.

Note: Work with a lawyer and a real estate agent to help you through the process.

Important notice

The information provided is for general purposes only and does not constitute legal advice. Bondi Properties Limited does not guarantee this information’s completeness, reliability, or accuracy. Any actions taken based on this information are at your own risk and Bondi Properties Limited will not be liable for any resulting losses or damages.

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Draft a deed of assignment for the sale of land in relation

Anonymous student, subject : other.

Draft a deed of assignment for the sale of land in relation to the Zambian law 

Answer Created with AI

To draft a deed of assignment for the sale of land in Zambia, you should include the following key elements:

Parties Involved : Identify the parties involved, including the seller (assignor) and the buyer (assignee).

Recitals : Provide background information about the transaction, such as the seller's ownership of the land and the buyer's intention to purchase.

Operative Clause : Clearly state the assignment of the land from the seller to the buyer, including a description of the land being transferred.

Consideration : Specify the amount of money or other forms of consideration being exchanged for the land.

Covenants : Include any promises or agreements made by the seller and the buyer regarding the land transfer.

Execution : Signatures of the parties involved, along with the date of execution.

Attestation : Signatures of witnesses to attest to the execution of the deed.

It's important to ensure that the deed complies with the requirements of the Zambian law, including any specific formalities or registration processes. It's advisable to seek legal advice or consult a qualified professional to ensure compliance with Zambian legal requirements.

For a more detailed and tailored deed of assignment, it's recommended to consult a legal professional with expertise in Zambian property law.

• Discover more from: Land law LPR 3930 University of Zambia 64   Documents Go to course

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Real Estate & Conveyancing lawyers in Zambia

Looking for trustworthy Real Estate and Conveyancing Lawyers in Zambia? Look no further than Malisa & Partners Legal Practitioners. We are experts in handling property transactions with precision and client satisfaction at the core.

What is Conveyancing?

Conveyancing is a legal process that ensures a smooth transfer of ownership for land and real estate in Zambia. It covers everything from purchase and ownership to maintenance and usage rights. While conveyancing can seem complex, our team at Malisa & Partners simplifies the process for you.

General overview of a basic sale of land in Zambia

Contract of sale

Where two parties have signed a contract of sale for the purchase of land from one to the other, they have a binding and lawful agreement provided it has complied with all the elements of a basic contract. The two persons must have capacity to own land in Zambia in accordance with the Lands Act of Zambia.

Of course before contracting, we advise that DUE DILIGENCE be carried out on the subject property. M&P will in this process conduct standard searches on the status of the land or property in question; this will include obtaining Lands Register printouts, physical file searches and authentication of the Certificate of Title if it is a case of titled land.

State Consent

The State’s permission to hand over ownership of property from one person to another is needed in order for the land transfer procedure to begin. It is the first stage of the land transfer carried out by the Ministry of Lands and can only be granted when all outstanding Ground Rent fees on the property have been cleared.

Property Transfer Tax (PTT)

Any person or company agreeing to sell their property to another party incurs a tax debt for the transaction which has to be paid to Zambia Revenue Authority (ZRA). Once the tax is paid, ZRA will issue a PTT Clearance Certificate which is lodged in together with the property assignment towards the end of the process.

ZRA has set up a station at the Ministry of Lands to help make procedures relating to property transfers as simple and quick as possible; this makes the Ministry of Lands a One-Stop destination with regards to sale of land. Armed with your required collection of documents, we proceed to prepare the tax application and duly inform you when the payment is due.

Registration and Issuance of Buyer’s Certificate of Title

After all requirements above have been met, all the original documents are lodged i.e. State Consent, PTT payment receipt and Clearance Certificate as well as the Deed of Assignment and Original Certificate of Title. The Deed of Assignment is the document that effectively transfers ownership in the land from the Seller to the Buyer. Once the Ministry approves the documents, they are processed and an original certificate of title is typed for the purchaser in readiness for collection; thus marking the end of the standard conveyancing process.

For more information on this or to discuss a matter, contact us on: Landline: + 260 211 356035 Email: [email protected]

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Understanding Deed of Assignment: Definition, Uses, and Legal Implications Explained

A deed of assignment is a legal document that transfers the ownership of a tangible or intangible asset from one party (assignor) to another (assignee). It is used to formalize the transfer of rights, interests, or benefits associated with the asset specified in the deed. This document is commonly used in various legal and financial transactions to ensure clarity and enforceability of the transfer.

Table of Contents

Key characteristics of deed of assignment.

• Legal Form : It is a formal written document recognized under legal jurisdictions.
• Transfer of Rights : Involves transferring ownership or interests in a specific asset.
• Specificity : Clearly defines the asset being transferred and the terms of transfer.
• Enforceability : Once executed, it becomes legally binding on both parties.

How Deed of Assignment Works

Examples and usage, 1. transfer of debt example.

• Definition : A debtor assigns their debt obligation to a new creditor.
• Process : A deed of assignment is used to transfer the rights to receive payment from the debtor to the new creditor.

2. Intellectual Property Transfer

• Definition : An author assigns their copyright in a book to a publishing company.
• Procedure : A deed of assignment outlines the transfer of intellectual property rights from the author to the publisher.

Advantages of Deed of Assignment

• Legal Clarity : Provides a clear record of the transfer of rights or interests.
• Enforceability : Ensures that the assignee can legally enforce their rights against the assignor.
• Asset Protection : Helps protect the rights of the assignee against claims by third parties.

Challenges of Deed of Assignment

Considerations.

• Legal Requirements : Must adhere to specific legal formalities to be enforceable.
• Risk of Breach : Potential for disputes over the validity or terms of the assignment.

Importance of Deed of Assignment

Practical applications, legal transfers.

• Debt Assignments : Transferring debt obligations from one creditor to another.
• Property Transfers : Assigning ownership rights in real estate or intellectual property.

Real-world Implications

Legal and financial security.

• Contractual Agreements : Facilitates smooth transfers of rights and responsibilities.
• Risk Management : Helps mitigate risks associated with ownership disputes or claims.

Example Scenario

Application in debt assignment, scenario: debt transfer deed of assignment.

• Context : A company assigns its accounts receivable to a factoring company.
• Procedure : Signing a deed of assignment outlining the transfer of rights to receive payment from debtors to the factoring company.

A deed of assignment is a crucial legal instrument used to transfer ownership or rights from one party to another. Whether for debts, intellectual property, or other assets, it ensures clarity and enforceability in legal transactions. By documenting the specifics of the transfer and adhering to legal requirements, parties can safeguard their interests and ensure that the transfer is legally binding. Understanding the purpose and implications of a deed of assignment is essential for navigating legal transfers of rights and assets effectively. It provides a structured approach to asset transfers, protecting the rights of both assignors and assignees under legal frameworks. Overall, deeds of assignment play a significant role in facilitating smooth and legally secure transfers of various types of assets and rights between parties.

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