Lands and Deeds Registry (Amendment) Regulations 1996 (S.I. No. 67 of 1996)

GOVERNMENT OF ZAMBIA STA11JTORY INSTRUMENT No. 67 OF 1996 The Lands and Deeds Registry Act (Laws, Volume V, Cap. 287) The Lands and Deeds Registry (Amendment) Regulations, 1996 IN EXERCISE of the powers contained in section ninety-two of the Lands and Deeds Registry Act, the following Regulations are hereby made: 1. These Regulations may be cited as the Lands and Deeds Registry (Amendment) Regulations, 1996, and shall be read as one with the Lands and Deeds Registry Regulations, in these Regula tions referred to as the principal Regulations. 2. The Principal Regulations arc amended by the revocation of the First Schedule and the.substitution therefor of the First Schedule Schedule set out in the Appendix to these Regulations. APPENDIX (Regulation 2) SCHEDULE (Regulation 10) PRl'.SCRll!rlD FEES PARTI For each registration of a document made under section four or pursuant to section eight in (a) the Lands Register (b) the Common Leasehold Register the fees payable shall be calculated in accordance with the following categories: CAlli()()RY I The fees charged under this category shall be payable in respect of documents relating to State leases, assignments, transfers, subleases for the whole term except for the last specified days in the sublease and other Similar documents and shall be calculated on the value of the property at the rate of one JX'T centum: Provided that the minimum fee payable shall not be Jess than ten thousand kwacha and the maximum fee payable shall not be more than two hundred and fifty thousand kwacha. No-re 1: VALUE (a) The value of the property is ascertained by the Registrar at such sum as in his opinion the property would fetch if sold in the open market at the date of the application free from any charge or mortgage and as evidence of such value the Registrar may require a statement in writing signed by the applicant or his lawyer or by any other person who, in the Registrar's opinion, is competent to make such a statement. Title and commence ment Cap.287 p.38 Revocation and replacement of First Schedule Copies of this Statutory Instrument r.,an be obtained from the Government Printer, P.D. Box 30136, JO I OD Lu.,alal. Price Kl 80.00 each. (b) Where, in the case of transfer not made for valuable consideration by a registered owner, it is shown to the satisfaction of the Registrar that such registered owner held only as a trustee and that the transfer is to a person to hold as a new trustee, the fee payable on the transfer shall be the minimum fee. Nom 2: Co-oWNERs (a) (i) In a transaction relating solely to the estate of a person entitled as a tenant in comm:on or a joint tenant, the fee payable on that transaction shall be assessed on the value of the person's estate. (ii) Where persons registered as co-owners of land transfer estates in land to thi;mselves, the fee payable on such transfer shall be the minimum fee. (h) Where a registered owner trasfers his estate to himself and another as co-owners, the fee payable on such transfer shall be assessed on the value of the passing t0 the other person. CA'JEGORY II The fee charged under this category shall be payable in respect of documents relating t0 mortgages, charges, further charges, guarantees, covenants, floating charges and similar documents and shall be calculated on the value of the property at the rate of one per centum: Provided that the minimum fee payable shall not be less than ten thousand kwacha and the maximum fee shall not exceed two hundred and fifty thousand kwacha. Nom-ADDITIONAL OR SUBSTITUTED Sr.cURITY OR GUARANTEE The fee for the registration of a charge or mortgage for payment of money by way of additional or substituted security or by way of guarantee shall be payable on the amount secured or guaranteea. CATEGORY Ill The foes charged under this category shall be payable in respect of documents relating to leases, subleases or agreement for leases or subleases and other similar documents for a short-term period and shall be calculated on the amount of the annual rent at the rate of one per centum: Provided that the mit{imum fees shall not be less than ten thousand kwacha and the maximum fee shall not exceed two hundred and fifty thousand kwacha. A combined fee is payable under category Ill on the amount of the annual rent and under category I on any money made by the lessees or sub-lessees as part of the same transaction by way of fine, premium or otherwise. The annual rent is the largest ascertainable amount of annual rent reserved. CATI'.GORY IV The fees charged under this category shall be payable in respect of the following dealings and applications: 29th March, 1996 Statutory Instruments Fee Units 1. Any entry or cancellation on a register made pursuant to a court order 1 7 2. Transmission on the death of a joint tenant 17 3. Entry of notice of death of a registered owner with particulars of representation 17 4. Entry or cancellation of any notice 17 5. Registration of any notice of the existence of any burden 17 6. Entry of an appurtenant 17 7. Correction of a register 'in accordance with subsection (2) of section eleven, 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 case no fee shall be payable 111 8. Entry or cancellation of a notice of deposit of Certificate of Title or sublease 17 9. Entry or withdrawal of a Caveat where the interest shown is that of (a) intending purchaser, transferee or other such similar interest; or (b) Intending mortgagee, trust, beneficiaries and any other interest not included in (a) above. 10. Any entry or cancellation on a register not otherwise provided 83 28 for in this Schedule 17 PARTIJ The fees charged under this Part shall be payable and shall apply in respect of (a) the Lands Register; ,and (b) the Common Leasehold Register. 1. Preparation and issue of a Certificate of Title 44 2. Preparation and issue of a Provisional Certificate of Title 28 3. Registration of a Certificate of Title 11 4. Registration of a Provisional Certificate of Title 11 5. Certifying a copy of any printed state consent granted, printed surrender to the President or other similar docwnent 6. Certifying a copy of any other document 7. Making a certified copy of any registered document, for a copy 11 11 of each page of the document 11 8. (a) Issuance of duplicate Certificate of Title 56 (b) Copy of each page document attached to Certificate of Title referred to in paragraph (a) 11 Statutory Instruments 26th April, 1996 Fee Units 9. Issuance of certified copy of any document in accordance with regulation 11, for a copy of each page of document 11 10. Personal search and examination of entries in a specified folio 11 11. Personal search and examination of index of names 11 12, Making available a computer print out of entries in a specified folio 17 13. Official search as to entries in a specified folio including certificate of the result of search 56 14. For every ei:itry in the register recorded on the certificate of the official search 11 15. Official search in the index of names, including certificates of the result of such search 11 16. For every registration, entry, cancellation certificate of act done in the Registry, or a District Registry, not being any of the mallers or things mentioned above 39 PART III Registration of a Bill of sale PARTIV For each registration of document made under section ten of the Act in the Miscellaneous Register, the fee payable shall be: (a) for each registration (b) making certified copy of any registered document, for a copy of each page of the document 28 56 11 (c) for each registration of debentures and ~er similar docu ments the fee payable shall be calculated in accordance with Part I, Category II of this Schedule. LUSAKA 16th April, 1996 r ML. I 031s2121 DR L. SHIMAPONDA, Minister of Lands