Land Act, 2016 (No. 16 of 2016). | Land Portal

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Date of publication: 
Septiembre 2016
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The Act makes provision for various matters relating to customary land, private land and public land and powers of the Minister in respect of such land. The Act consists of 52 sections divided into 8 Parts: Preliminary (I); Administration (II); General (III); Public land (IV); Private Land (V); User of land (VI); Trespass or encroachment upon, or unlawful occupation of, land (VII); Miscellaneous (VIII).A Commissioner for Lands shall, subject to the special and general written direction of the Minister, among other things— (а) administer all land; (б) make grants, leases or other dispositions; (c) sign, seal, execute, perfect, deliver and accept— (i) grants, leases or other dispositions of public land and surrenders; (ii) agreements or licences in respect of the control of or use of running or stagnant water or affecting the dispositions of interests or rights therein. The Minister may, subject to general or special directions, delegate functions to the Commissioner. Land shall be categorized as either public land or private classes of land. Public land shall be classified either as Government land or unallocated customary land. Private land shall be classified as freehold, leasehold or customary estate. Freehold land shall not be allocated or granted to any person. Foreign corporations may only hold land if authorized by a licence issued by the Minister in consultation with the President. The Act provides for specific investment land and allows the Minister to dispose of public land. He or she may also grant or allocate leasehold or customary estate to such person on such terms and conditions as the Minister considers appropriate. A person shall not sell or otherwise to convey, lease, transfer or assign any private land shall, without prior written consent of the Minister or a local government authority to sell, convey, lease, transfer or assign the land. Lease agreements shall have implied covenants. The Act places restriction of sale of private land to persons who are not citizens of Malawi. freehold land must be developed and if this is not done within a given timeframe, the land can be claimed by the Minister.The Minister may regulate or control the use of land. For this he or she shall consult with the Minister for the time being responsible for the administration of the Physical Planning Act, 2016. The Minister may make or give different orders, regulations, directions or instructions in respect of different categories of land and these acts may relate to, among other things, the method of cultivation and growing of crops and keeping livestock, the maintenance of proper drainage of such land and the fencing, hedging and modes of access to such land, the preservation and protection of the source, course and banks of streams and generally for the good management and conservation of the soil, water, woodland, pasture and other natural resources thereof. Trespass or encroachment upon, or unlawful occupation of land may be subject to proceedings of a Magistrate.

Repeals: Land Act (Cap. 57:01). (1982)

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