Lands and Deeds Registry (Amendment) Regulations (S.I. No. 12 of 1997)

3 I st January, I 997 Statutory Instruments GOVERNMENT OF ZAMBIA STA'l1JTORY INSTRUMENT No. 12 oF 1997 The Lands and Deeds Registry Ad (Laws, Volume 12, Cap. 185) The Lands and Ix-eds Registry (Amendment) Regulations, 1997 IN EXERCISE of the JX)wcrs contained in section ninety-two of the Lands and Deeds Registry Act, the following Regulations arc hereby made: 1. These Regulations may be cited as the Lands and Deeds Registry (Amendment) Regulations, 1997, 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 thereforoflhc First Schedule set out in the ~ppcndix to these Regulations. APPENDIX (Regulation 2) SCHEDULE (Re11ulation 10) PRESCRIBED fEES A person shall pay for each registration of a document made under scctionfour or eight in (a) the Lands Register; or (b) the Common Leasehold Register; the fees payable in accordance with the following categories: CATEGORY I The Lands and Common Leasehold Register The fees for documents relating to State leases, assignments, transfers, sub leases for the whole term except for the last specified days in the sublease and other similar documenL~ shall be al the rate of onepercentumoflhe value of the property: Provided that the minimum fee shall not be less than twenty thousand kwacha and the maximum fee payable shall not be more than five hundred thousand kwacha. Nom 1: VALUE (a) The value of the prop<.,'fty shall be ascertained by the Registrar at such sum as the property would in the opinion of the R,igistrar, fetch if sold Short title Cap. 18.'i Repeal and rtiplaccmcnt of Firs\ Schedule Copies of this Statutory lnstrumenl can l>e oblainedfrom the Governmenl Prinler, · P.O. Box 30/36, /0/00 LusakA. Price Kl ,000 each, Statutory Instruments 31st January, 1997 or mortgage; and as evidence of such value the Registrar may require a statement in writing signed by the applicant or the applicant's or his lawyer or by any other person who, in the Registrar's opinion, is competent to make such a statement. (b) Where, in the case of a transfer. not made for valuable consideration by a registered owner, it is shown, to the satisfaction of the Registrar, that such registered owner held the property only as a trustee and that the transfer is to a person to hold as a new trnstee, the fee on the transfer shall be the minimum foe. Non, 2: Co-OWNERS (a) In a transaction relating solely to the estate of a person entitled as a tenant in common or a joint tenant, the fee on that transaction shall be assessed on thr value of the person's estate. (b) Where persons registered a~ co-owners of land transfer estates in land to u1emselves, the fee on such transfer shall be the minimum fee. (c) Where a registered owner transfers such owner's estate to himself or herself and another as co-owners, the fee on such transfer shall be assessed on the value of the property passing to the other person. CATEGORY II The fee for documents relating to mortgages, charges, further charges, guaran tees. covenants, floating charges and similar documents shall be at the rate of one per cent um of the amount of money secured or guaranteed: Provided that the minimum fee shall not be less than twenty thousand kwacha and the maximum foe shall not exceed rive hundred thousand kwacha. NO'rn: AoornON/\L OR StJBS11Tt:'IED SECURITY OR GU/\R/\N'lliE A 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 as specified in Category II on the amount secured or guaranteed. CATEGORY III The fee for documents relating to leases, subleases or agreement for leases or subleases and other similar documents for a short-term period shall be at the rate of one per ccntum of the annual rent: Provided that the minimum foe shall not he less than twenty thousand kwacha and tJ1e nrnxinrnm fee shall not exceed five hundred thousand kwacha. N01F: (a) A combined f'ce shall be payable under Category III, on the amount of the annual rent and under Category I on any money made by the icssecs or sub-lessees as parLofthe same transaction hy way of a fine, premium or otherwise. (b) The annual rent shall be the largest ascertainable amount of annual rent reserved. CATEGORY IV Transaction Fee Units 1. Any entry or c,mccllation on a register made pursuant to a court order 58 2. Transmission on the death of a joint tenant 58 3. Entry of notice of death of a registered owner with particulars of representation 58 31st January, 1997 Statutory Instruments 4. Entry or cancdlation of any notice 58 5. Registration of any notice of the exi~tcncc of any burden 58 6. Entry of appurtenant 58 7. Correction of a register in accordance with subsection (2) of section elevt!fl, of the Act except wh<.,-rc 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 300 8. Entry or cancellation of a notice of deposit of certificate of title or sublease 58 9. Entry or withdrawal of a caveat where the interest shown is that of (a) intending purchaser, transferee or other such similar interest; or 280 (b) intending mortgagee, trust, beneficiaries and any other inter est noc included in (a) above 111 10. Any entry or cancellation on a register not otherwise provided for in this Schedule 58 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 l 11 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 certifie.d 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 a certified copy of any document in accordance with regulation 11, 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 thcrcgisterrccordc(! on thcccrtificatcof tJ1cofficial search 10 15. Official search in the index of names, including certificates of the result of such search 28 16. For every rcgistralion, entry, cancellation, certificate of act done in the Registry, or a District Registry, not being any of the matters or things mentioned above 56 Statutory I nstrumcnts PART Ill Tran,wi.:tion Rc.gistrntion of a Bill of sale PARTIV 31sl January, 1997 Fff.1' Units 40 The fee payable for ca<.:h registration of document mack under sc<.:Lion ten of the Act relating to a transaction in the Miscellaneous Re).!istcr shall be as follows: Fee Unil.l' ( a) for each registration 1 I 11 ( b) making a cerli!ied copy nf any registered document, for a cnpy of each page of tJ1e document 28 (cl for each rngisl.Ta\ion of (khcntutcs and other similar don1ments, calculated in accordan{'C with Category Tl of Part I of this Schedule Lt;sAKA 30th January, t 997 [ \1L.103/52/2 J D. Lt:Pl'!W]A, MiniJtcr of Lands