Land and Titles Act. | Land Portal

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The Act consists of 247 sections divided into 28 Parts: Preliminary (II); Administration (II); Settlement of unregistered documentary titles (III); Systematic settlement (IV); Purchase or lease of customary land by private treaty and compulsory acquisition of land (V); Organization and administration of land registries (VI); Land Ownership (VII); Registration (VIII); Searches and certified copies (IX); Estates (X); Leases (XI); Charges (XII); Transfers (XIII); Control of advertisement (XIV); Easements and profits (XV); Public rights of way (XVI); Restrictive covenants (XVII); Co-ownership and partition (XVIII); Instruments and agents (XIX); Transmission and trusts (XX); Judgments, writs and vesting orders (XXI); Caveats (XXII); Prescription (XXIII); Rectification of land register, indemnity and registrar's powers (XXIV); Survey (XXV); Customary Land (XXVI); Offences (XXVII); Miscellaneous (XXVIII).This Act shall be administered by a Commissioner of Lands who shall be assisted by a Registrar of Titles and such and Deputy Commissioners of Lands, Surveyors, Deputy Registrars, Assistant Registrars, Title Examiners and other officers (sect. 3). Provisions of Part III set out procedures of settlement and registration of unregistered land claims and rights. Part IV concerns settlement in settlement areas designated by the Minister as such under section 31. If it appears expedient to the Settlement Officer, he or she may appoint a committee of persons resident in the locality to advise him or her on any point of current customary usage and to carry out other duties relative to settlement procedures as set out in section 39. Notwithstanding any current customary usage prohibiting or restricting such transaction, customary land may be sold or leased to the Commissioner or any Provincial Assembly in accordance with the provisions of Part V. Part V provides also for compulsory acquisition of land. Part VII defines certain matters relating to ownership of land. Part XVII provides for registration of, and other matters relative to a restriction on the user of registered land created expressly by a covenant other than a covenant contained in a charge or lease. Part XXIII concerns acquisition of land by prescription. Part XXVI regulates dealings in customary land, prescribes restrictions on disposition of customary land, and provides for declaration of land as customary land by the Commissioner.

Amended by: Land and Titles (Amendment) Act (No. 11 of 2014). (2014-06-12)
Amended by: Land and Titles (Amendment) Act, 2016 (No. 1 of 2016). (2015-05-18)

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Moauro, Barbara


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