LECTURE -1- OBJECTIVES

 Define Land
 Define cadastral surveying and land
registration
 Differentiate between cadastre and land
registration
 Explain types of cadastral surveying
 Describe categories of land in Malawi
 CADASTRAL SURVEYING
 British settlers first introduced cadastral
surveying
 Surveying was mainly influenced by the military
in UK, America, among others
 The first topographical map of the country
(Malawi) was produced by the military.
 Cadastral surveying in Malawi originated from
the need to facilitate the conversion of customary
land to private ownership in 1890’s
 DEFINITION OF CADASTRAL
SURVEYING
 Cadastral surveys refer to the survey made to
determine the boundary of plots or parcels
within an area for land registration and other
purposes.
 Cadastral Surveying determines the nature,
size, value and legal rights associated with the
parcel.
TYPES OF CADASTRAL SURVEYING

Original Surveys
• This involves the establishment of plots on virgin
land.
• Usually there will be a layout plan or a sketch
showing the extent of the plot(s) to be surveyed.
• The layout plan is supposed to duly be approved
by town planning authority in accordance with
Town and Country Planning Act.
 TYPES OF CADASTRAL SURVEYING
Subdivision Surveys
• In subdivision surveys, a layout plan that has been
approved by the city authorities as per Town and Country
Planning Act is strictly followed in the subdivision process.
• The reason why there is a need for an approved plan is that
in townships, the areas are zoned into residential, industrial
and recreation areas.
• Each area has minimum plot size specification as per the
Town and Country Planning Act.
• It is recommended that all cadastral surveyors should
familiarize themselves with the public guide to the
• development process produced in 1996 by the City of
Blantyre.
 TYPES OF CADASTRAL SURVEYING

Retracement Surveys
Re-establishment of the plot boundaries (Beacons)
Types of beacons
Established beacon: the one whose position can be identified by
verifying the evidence of the monument
An obliterated beacon: the one whose physical evidence may have
disappeared but whose position can be recovered through the
testimony of one or more witnesses who have dependable knowledge
of the original position.
lost beacon is the one whose position can not be recovered. This is
possible in areas where surveyors did demarcation of plots but the
exact coordinates of those beacons were not recorded in the
computations and no accessory tie points were described
 ACTORS IN LAND MANAGEMENT IN
MALAWI
• The parent actor in land management in
Malawi is Ministry of Lands Housing and
Urban Development (MLHUD);
• MLHUD controls all categories of land in
Malawi, that’s including Public Land,
Customary Land and private land.
 ACTORS IN LAND MANAGEMENT IN
MALAWI
 City council
 District councils
 Malawi Housing Corporation
 Airports Development Limited (ADL)
 Press Properties
 MPICO
CATEGORIES OF LAND IN MALAWI
Land comprises three related elements that are bound
into a single areal unit, which is referred to as land
parcel. The three elements of land include;
The Solum: This is the physical entity that comprises
that part of the earth's surface confined within a land
parcel.
This includes the solid below the surface and the air
space above.
The solum extends from the centre of the earth upward
to the sky. This means that the solum is basically
concerned with vertical surfaces
CATEGORIES OF LAND IN MALAWI

• Proprietary Unit: This is the co-extensive legal

rights, which includes the ownership and is
attached to the solum
• Social Matrix: these are aspects of social
organization, which uphold the land tenure
system, and the social system, which may
change a system. The organizations may
include social, cultural, political and economic.
CATEGORIES OF LAND IN MALAWI

According to Land Act of 1965 (Cap 57:01)

categorizes land in Malawi into three;

 Public land
• Private Land
• Customary Land
CATEGORIES OF LAND IN MALAWI

Public land
 All land occupied, used or acquired by the
government and any other land not being
customary or private.
 This can also include land that reverts to the
government on termination, surrender or falling
in of any freehold or leasehold title under which
any parcel of land concerned is held.
CATEGORIES OF LAND IN MALAWI

Private land
 All land owned, held, or occupied under a
freehold or leasehold title or a certificate of
claim or which is registered as private land
under the Registered Land Act (Cap 58:01)

 Private land can be further be categorized as

freehold or leasehold.
CATEGORIES OF LAND IN MALAWI

Freehold Title
This is the free mode of holding property and usually is of
indefinite duration.
Leasehold Title
Land or property held by way of contract granting rights in
land or property for a limited period of time. This period in
Malawi is usually;
 99 years for residential plots
 Less than 99yrs for Industrial or commercial plots &farms
 21 years for estates
CATEGORIES OF LAND IN MALAWI

Customary land
• All land held or occupied or used under customary law but
does not include any public or private land.
• This land cannot be valued because it is not supposed to be
sold as it has community interest.
• The land belongs to one's ancestors and the unborn
generation.
• The law governing this type of land is usually unwritten and
hence it is dynamic. It varies from locality to locality because
custom and inheritance systems differ between different
groups.
CATEGORIES OF L AND IN MALAWI

According to the Malawi National Land Policy

(2002), land has been categorised into;

 Government land
 Public land
 Customary land
 Private land
CATEGORIES OF LAND IN MALAWI
Government land
Land that is acquired by the government or government
agencies to serve a specific national purpose or made available
for private use at the discretion of the government.
Examples;
 Government buildings
 Schools
 Hospitals
 Land leased by government for use by individuals, companies
and institutions for which ground rent is often paid.
CATEGORIES OF LAND IN MALAWI
Public land
Land that is reserved for public use and accessible to the public at large
and land held in trust and managed by the government.
Examples;
 National park
 Game reserves
 Recreational areas
 Historic sites
 Cultural sites
 Land vested in the government due to uncertainty of ownership and
abandoned land
In traditional areas, public land includes; Dambos, graveyards,
communal grazing area and village forest reserve areas
CATEGORIES OF LAND IN MALAWI

Based on Land Act 2016 – section 7 (1) – land in

Malawi shall be categorised as either public or
private land.
• Public land: Government land, unallocated
customary land
• Private land: Customary estate , leasehold and
freehold.