Topic 1

INTRODUCTION TO LAND LAW

1
 Definition of Land Law

Broadly speaking, the law of real property (or land law) is essentially
concerned with ownership of land. Land law may be defined as that
branch of law which deals with and regulates man’s rights and duties to
land and the interest which may be acquired and liabilities which may
accrue to man inter se, in relation to the use of land. According to Dixon,
the law of real property is obviously concerned with land, rights in or over
land and the processes whereby those rights and interests are created
and transferred

2
 Definition of Land Law

Riddal has observed that land law is concerned, first, with various aspects
of ownership of land and, secondly, with interests in land, and particularly,
with the question whether such interests in land are binding on a
subsequent holder of the land. Okon. E “Land Law As An Instrument of
Social Change”, ZAMBIA LAW JOURNAL, Volume 17, 1985,
p46.
Dixon, M, land law, Cavendish Publishing Limited, London, 1994, P.1.
Riddal, J.G, introduction to land law, 4th Ed, Butterworths, London, 1988,
p.3.

3
 Definition of Land Law

The learned authors of Megarry’s Manual of The law of Real Property have observed
that the objects of learning the Law of Real Property are:-
to acquire a knowledge of the rights and liabilities attached to
interests in land; and
to lay a foundation for the study of conveyancing.
Conveyancing is concerned with how rights in land may be created and transferred. Land
law principally deals with the rights and liabilities of land owners. Conveyancing may be
defined as a science and art of validly creating, transferring, and extinguishing rights in
property, particularly in or over land, by written deeds of various kinds

4
 Introduction to Land Law

It is accordingly a major branch of legal work and lawyer’s business.

Conveyancing is based on the knowledge of what rights can exist in or over
particular kinds of property, of what ends can be secured within the existing
rules of law, and of what machinery, such as a vesting order, can
appropriately be employed to achieve particular ends. It includes
investigation of title and preparation of agreements and other instruments
which operate as conveyances.

Hayton, D, megarry’s manual of the law of real property, 6 th ed, ELBS,

London, 1982, p.1.
Walker, D,M, the oxford companion to law, Claredon press, Oxford, 1980,
p.287.

5
 Concurrent & Equitable Interests in Land

Proprietary rights in land are interests in land, whether legal interest or equitable interests or
mere equities that are ancillary or dependent upon interests in land.
Leases, mortgages, easements and profits are examples of proprietary interests or rights that
may exist in land or rather held by one person in another person’s land. To create a right over
the land of another, that right must (apart from statute), create a burden on the land, i.e an
equitable estate or interest in land. Before a right or an interest can be admitted into the
category of property or of a right affecting property, it must be definable, identifiable by third
parties, capable in its nature of assumption by third parties, and have some degree of
permanence or stability.
Per Lord UpJohn in National Provincial Bank V Ainsworth [1952] 2 ALL ER 472 at p.488.
Ibid, Per Lord Wilberforce at p.494.

6
End of Topic 1

7
 Topic 2
Transmission of Title

8
 Transmission of Title

At common law the owner or holder of the largest estate in land – the fee simple estate -
had extensive powers of control, disposition and use and enjoyment of land in which his
estate subsisted. In physical terms he may enjoy everything on, beneath and above the
land. The maxim is cujus est solum, ejus, est usque et ad inferos,’ [he who owns the soil is
presumed to own everything ‘up to the sky and down to the centre of the earth]. This
prima-facie includes all mines and minerals and any chattel not the property of any known
person which is found under or attached to the land.

Hayton, D, megarry’s manual of the law of real property, 6 th ed. London, ELBS, p 550.
Ibid at page 551.

9
 Introduction to Tenure

The word tenure, from the latin tenere (to hold) implies that land is ‘held’ under certain
conditions. From the time of the Norman Conquest in 1066, English land law adopted the
continental system of feudalism i.e hierarchy dominated by a sovereign or chief and based
on mutual promises of protection and military service. William the conqueror (1066 – 87),
regarded the whole of England as his by virtue of conquest and granted land not by out and
out transfer but to be held of him as overlord. Persons holding land of the crown might
then grant land to another (sub infeudate) to hold of him in return for services. The feudal
pyramid that was constructed was based upon the land tenure system; the tenure of the
land identifying the conditions on which land was held. Tenure was the main bond holding
society together, the lord protected those who held land of him. From the time of the
Norman conquest, a theory of the common law developed that all land in England was held
of the crown and that subjects may hold land directly or indirectly of the crown. According
to the doctrine of tenure, all land in England is held of the crown, either directly or
indirectly on one or other of the various tenures.

10
 Doctrines of Tenure and Estate

The doctrine of tenures dealt with the conditions on which land was held. The doctrine of
estate is concerned with the length of time for which land is held. The doctrine of estates
provides that a subject cannot own land, but can merely own an estate or interest in it,
authorising him to hold it for some period of time. Tenure answers the question “how is
land held?” the estate the question “for how long?”
Because all land in England is held of the crown, English law has developed the concept of
the estate which has its emphasis on the right to possession. An estate is an interest in land
of defined duration. It is an abstract entity which represents the extent of a person’s rights
to possession. There are two principal categories of estates, namely, freehold estates and
estates less than freehold or leasehold. A freehold estate is one whose duration though
fixed is uncertain whereas an estate less than freehold or leasehold is one for a period
whose duration is fixed or is capable of being fixed.
Ibid.
Hayton, D, supra note 58, p. 24.
William, H, land law, 3rd Ed, Sweet and Maxwell, London,1994, p 6.
Ibid.
Ibid at p 7.
11
 Fixtures and Fittings

Disputes may arise as to whether a chattel or object has become a fixture or not. Once a
chattel has become a fixture or part of the land it cannot generally be removed. Burn has
observed that the question whether a chattel remains a chattel or has become part of the
land can arise in many contexts, including; whether it passes to a purchaser on the sale of
land, whether it is included as part of the security on the mortgage of land, whether it is
owned by the estate of a tenant for life or passes to the remainderman, whether it passes
on death as realty or personalty. In order to resolve such types of disputes there are tests
that have been formulated to determine whether a chattel has become a fixture or not.
Burn, E, H, Maudsley and Burn’s land law-cases and materials, 5 th ed, London, Butterworths,
1986 P.
89.
Philips v Lamdin [1949] 2 KB 33, [1949] 1 ALL 770 (Purchaser entitled to reinstatement of
Adam door removed by vendor).

12
 Fixtures and Fittings

Lyon and Co. v London City and Midland Bank [1903] 2KB 135 (Tip up seats screwed to
bolts fastened to floor and hired to mortgagors were held to be chattels). In Vaudeville
Electric Cinema Ltd v Muriset [1923] 2 CH 74, similar seats owned by mortgagor held to
be land, Reynolds v Ashyby and Sons [1904] Ac 466, Machine bolted to the floor held to
be land. Re Lord Chesterfield’s settled estates [1911] 1 ch 237; Leigh v Taylor [1902] AC 157
(tapestries stretched over canvas and tacked thereto held to remain chattels) Re, Whaley
[1908] 1 CH 615 (pictures and tapestries in dining room designed as a ‘complete specimen
of Elizabeth dwelling house’ passed under devise of house and not under bequest of
chattels.

13
 Determining Whether a Chattel has become a Fixture

In determining whether a chattel has become a fixture, a combination of two tests is

applied; viz:
(a) the degree of annexation; and
the purpose of annexation.
In general, a lease must have a certain beginning and a certain ending. The interest granted
by the lease to the tenant must be for a defined and certain period of time. This means not
only that the lease must start at a clearly defined moment, but also that the length of the
term granted must be certain. At the commencement of the lease, it must be possible to
define exactly the maximum duration of the lease, even if it is possible to end the lease at
some time before this. Any lease or intended lease that fails to satisfy this requirement as
to certainty of duration is void because it does not amount to a term certain. For example,
in Lace V Chandler, a lease for the duration of the Second World War was held void for
being of uncertain maximum duration Dixon, M, land law, London, Cavendish Publishing
Limited, 1994, p.122.
Ibid.
[1944] KB 368.

14
 Licenses

The essential nature of a licence has already been pointed out above under the
introduction to this chapter. A licence was classically defined in Thomas vs Sorrel, as a
permission to use land belonging to another which without such permission would amount
to trespass. The traditional view is that licences are not proprietary in nature. In other
words, a licence is not an interest in land, but rather a right over land that is personal to the
parties that created it, i.e the licensor and Licensee. Licences may be classified according to
the functions they serve, the circumstances in which they arise or the way in which they
are created. Licences may be classified as bare licences, contractual licences, a licence
coupled with an interest and Estoppel licences or licences protected by Estoppel. [1673]
Vaugh 300.
Dixon,M, supra note 3 at p. 198.
Ibid at p.199.

15
 Transfer of Title

At law, in order to transfer or create a legal estate, certain formalities had to be complied
with, For example, for a valid lease to be created, the Statute of Fraud, 1677 required that
any contract for transfer or disposition of land or any interest in land had to be in writing.
The Real Property Act of 1845 made a deed an essential for transfer of any interest in land.
Without a deed no legal interest in land would be created or transferred. At the time when
Walsh and Lonsdale was decided, the position of the law i.e the Real Property Act of 1845
was that a lease for a term of three years or exceeding three years was void unless it was
made by deed [1882] 21 CHD 9.

16
End of Topic 2

17
 Topic 3
Land Law in Zambia

18
 Land Tenure in Zambia

Much of Zambian land law was adopted from the English Legal system.
At common law the general rule of English law is that contracts can be made
quite informally: no writing or other form is necessary. The Statute of Frauds,
which was passed in 1677, requires under section 4, that contracts for sale of
land or disposition of an interest in land must in order to be enforceable, be
supported by written evidence. The object of the Statute is to prevent
fraudulent claims based on false evidence but in practice it worked badly as it
enabled contracting parties to rely on what were considered to be technical
defences Chitty on Contracts, Vol 1, General principles, London: Sweet and
Maxwell, 1999, Para. 4-001 at p.261.

19
 Tenure System in Zambia

Common Law as administered in the early common law courts had a lot of
deficiencies. These included; delays, complicated procedures of the court
system and inadequate remedies. A body of law known as equity was
developed by the Court of Chancery to mitigate the harshness of common law
by giving a new range of rights and remedies to assist a potential litigant. It was
in the realms of property law that equity made its greatest contribution . Some
of the rights created by equity were:-
(a) The equity of redemption – the right of a mortgagor to redeem his
property even after the legal redemption date. This is discussed in
chapter six of this book.

20
 Tenure System in Zambia

(b) The trust (use) –At common law if property was transferred by a grantor to
persons to hold (trustees) for the benefit of others (beneficiaries), the trustees
were not bound to administer the trust property for the beneficiary’s benefit.
Equity, however, compelled the trustees to administer the trust in accordance
with their conscience and if they defaulted, they were liable for penalties.
Some of the special remedies granted in equity include injunction, specific
performance, rescission and rectification .

Horwath,W, land law, London, Sweet and Maxwell, 1994. p.10.

21
End of Topic 3

22
 Topic 4
Historical Background of Land Law in Zambia

23
 BSA Company

During the period 1900 – 1909, the BSA Co. obtained, inter alia, land concessions
from the Litunga Lubosi Lewanika, King of the Lozi people. The extent of these land
concessions was claimed to have included the present day Southern Province.
These concessions generally granted various rights to the Company including the
right to search and prospect for minerals in the whole territory of Barotse,
including all subject and dependant territories. The last concessions granted to the
Company in 1909, granted land rights throughout Lewanika’s territory except in
Barotseland proper itself. The BSA Co proceeded to alienate and administer the
land on the basis of these concessions. The Company promised Lewanika British
protection from outside invasions, payment of mineral royalties, guns, e,t,c.

24
 Land History in Zambia

North Eastern Rhodesia was also acquired by the BSA Co through concessions
entered between it, through its emissaries, and the local chiefs. In general, the
chiefs accepted the British flag, placed themselves under the protection of the
Queen and granted the Company the sole right to search and prospect for
minerals

25
 1889 Orders in Council

The 1889 Orders in Council [Northwestern and Northeastern Rhodesia Order

in Council] and the 1911 Northern Rhodesia Order in Council contained no
provision vesting land in the Company although the Company claimed
ownership of the land in the two territories. The Company asserted a right to
the ownership of land and the minerals throughout Northern Rhodesia on the
basis of the concessions entered into between it through its emissaries and
the African chiefs. The claims to ownership of land and minerals by virtue of
the concessions or treaties entered between local Chiefs and the Company
have been questioned and challenged

26
 1911 Northern Rhodesia Order in Council

By the 1911 Northern Rhodesia Order in Council, the earlier Orders in Council were
revoked and the two territories became one political unit under the name of
Northern Rhodesia. The country continued to be administered by the BSA Co.
under the powers conferred by its Charter of Incorporation and the 1889 Orders in
Council. The 1911 Order in Council, like the earlier Orders, contained no provision
vesting land in the Company. As far as land was concerned the 1911 Order in
Council divided the Country into two parts, viz; land within Barotseland and other
land. In Barotseland the Litunga had authority in tribal matters. As regards land not
within Barotseland, Natives were protected in their occupation of land in that they
could not be removed or displaced except after inquiry and order of the
Administrator approved by the High Commissioner.

27
 1928 To 1963 Orders in Council

On attaining independence in 1964, the Northern Rhodesia (Crown lands and

Native Reserves) Order in Council 1928 to 1963, the Northern Rhodesia (Native
Trust land) Orders in Council 1947 to 1963 and the Northern Rhodesia (Gwembe
District) Order in Council 1959 were not revoked. The Zambia Independence Order
1964, however, provided that the Orders were to be construed with such
modifications, adaptations, qualifications and exceptions as could be necessary to
bring them into conformity with the Independence Order.

28
End of Topic 4

29
 Topic 5
Land Reforms in the 2nd and 3rd Republic

30
 Land Reforms in the 2nd Republic

Among the land reform measures announced by President Kaunda which were to
take effect immediately were:
(1) Farm land
All freehold titles to land and all land held by commercial farmers under freehold
title was converted to leasehold of 100 years. Unutilized tracts of farmland were
with immediate effect to be taken over by the State.

31
 Land Reforms in the 2nd Republic

(2) Land in Residential Areas in Cities and Towns.

Freehold titles to land in urban areas were also converted to leasehold for 100
years effective from 1st July 1975. No more undeveloped land in urban areas was to
be sold apart from developments on the land. All vacant plots and undeveloped
land in and around Lusaka and all other cities and towns were to be taken over by
local authorities.
(3) Real Estate Agents
All real estate agencies were closed down. These were identified as largely
responsible for inflated prices of land and housing.

32
 Land Reforms in the 2nd Republic

Kaunda identified the area of provision of rent as a field here there was extensive
exploitation of the common man. Individuals were banned from building
houses for rent. The question of accommodation was to be left to the State, with
its institutions like the Party, Central Government, Local Government, Parastatal
Organisations and Co-operatives. All rented buildings owned by individuals whose
value or cost had been realized were to be taken over by local authorities.
(5) Control of Unplanned Townships.
Local Authorities were to see to it that no unauthorized buildings were erected
within their areas of jurisdiction.

33
 1975 Land Reforms

The 1975 land reforms were largely influenced by UNIP’s socialist ideology, the
Philosophy of Humanism and President Kaunda’s perception of the African
traditional conception of land ownership. Mvunga has observed that the whole
tenet of the 1975 reforms hinged on President Kaunda and his Party’s thinking that
land must remain the property of the State, a position or premise which in no way
departed from the traditional heritage. In relation to land, UNIP’s conception of
land owning, which was based on the ideology of Humanism, was that land was to
remain the property of the state.
Mvunga, M.P, land law and policy in zambia, Gweru: Mambo Press, 1982, p.86.

34
End of Topic 5

35
 Topic 6
Topic 6: CONTINUOUS ASSESSMENT TEST
(CAT) 25%
Taken at Exam Centre

36
 Topic 6
African Customary Systems

37
 African Customary Systems

The nature of title and interests or rights in land under African customary tenure has
not only exercised the minds of scholars and researchers, but also the Courts.
Divergent views have been expressed as to the nature of title, interests or rights in or
to land under the African customary tenure

38
 African customary Tenure

The English concept of land ownership does not present itself with
much complications or misconceptions as the African concept of land
ownership or holding. In England, following the Norman Conquest in
1066, all land is owned by the crown and no subject can have allodial
title to land. Land is held of the Crown either directly or indirectly on
one or other various tenures

39
 African customary Tenure

According to Elias, African customary law of tenure has no conception of land

holding comparable to the English idea of a fee simple absolute in possession
or to a theory whereby the ownership of all land in England is in the Crown
alone and everybody else holds his land only as a tenant of the King. This
chapter examines the African concept of land ownership and the nature of title
to land and the interests that may subsist under the African customary tenure.
The chapter also considers the role of chiefs in land matters under customary
land tenure.
See sections 1.3.1 and 1.3.2 of chapter 1 of this book.
T.O Ellias, The Nature of African Customary Law Manchester University Press,
Manchester, 1956,
p.164

40
End of Topic 6

41
 Topic 7
Concept of Ownership under the African Customary System

42
 Concept of Ownership

During most of the early colonial periods in Africa, knowledge of customary tenure
in Africa was scanty. This was largely due to lack of research on the subject. Various
erroneous views based on suppositions than fact were commonly expressed.
Sometimes what was known about one tribe was assumed to be replicated
throughout Sub-Saharan Africa. Often generalizations were made to the effect that
the African mode of land holding was communal ownership. Examples of this can
be found in the obiter dicta of the Privy Council in Re: Southern Rhodesia,Amodu
Tijan v The Secretary Southern Nigeria, and Sobhuza II Vs Miller and others
[1919]AC 211.
[1921]AC 399.

43
 Ownership in Africa

It may be recalled that in Tijani v Secretary Southern Nigeria, Lord Haldane quoted the words
of Rayner, C.J. in the opinion he gave in the case. He observed that:-
The next fact which it is important to bear in mind in order to understand the nature of land
law is that the notion of individual
ownership is quite foreign to native ideas; land belongs to the
community, the village, or the family, never to an individual.

1921 AC 399.

44
 African Concept of Ownership

Ndulo has observed that a chief is everywhere in Zambia regarded as the symbol
of residuary and ultimate control of all land held by the tribal community and
further that in a loose mode of speech, is sometimes called its owner. Ndulo
noted that a chief holds the land on behalf of the whole community in the
capacity of a caretaker or trustee only and further that the chief’s position was
not comparable to the Crown’s position in England, where by the ownership of all
land in England is in the crown alone and everybody else holds his land only as
tenant of the Crown Ibid p.78.

45
End of Topic 7

46
 Topic 8
Categories of African Tenure

47
 Creation of Reserves

CREATION OF RESERVES AND CROWN LANDS

B 1928 native reserves and crown land order in council, the two categories of
land were created, namely the native reserves and crown land thus all land
in the territory other than other than land in Barotseland was divided into
crown land and native reserves. The effect of creating reserves was that
land not so reserved and outside reserves became crown land.

48
 Native Reserves

These were essentially set aside for indigenous people. The indigenous
people were not allowed to enjoy customary rights over crown land thus the
natives were removed from crown land and consigned to native reserves.
The natives could acquire and exercise interest and rights in these lands in
accordance with customary law. Europeans could acquire land in native lands
for a five year period if this was considered by the governor to be in the
interest of the people

49
 The Crown Lands

THE CROWN LANDS

All rights to the British sovereign in relation to the crown lands was vested and made
exercisable by the governor who was empowered to make grants and dispositions of
crown land to the white settlers. This land could only be alienated to European
settler. Customary law did not apply to this category of land. The interests created in
the crown land were those known to English law. These were estates and tenures and
leaseholds and freeholds.

50
 The Native Trust Lands

THE NATIVE TRUST LAND

The policy of land reservation did not prove to be satisfactory. Many native communities
objected to being removed from crown land many European farmers found themselves
unable to labor. Some of the reserves had insufficient access to railway, others became
overcrowded. Large areas of reserves proved to
be inhabitable owing to the absence of water supply or the presence of tsetse fly and at
the same time, many areas from which the native had been removed, were left without
inhabitants.

51
 The Native Trust Lands

The unsatisfactory condition of the native reserves coupled with the fact that European
settlement in northern Rhodesia had proved to be very much smaller than was at the
time anticipated led to the creation of the native trust lands. The colonial government
found itself in an embarrassing situation of large tracts of an alienated land in crown
land while there was scramble for land in reserves thus in 1947 a third category of land
was created through the native trust land order in council. The land was called native
trust land. This was carried out of the then existing crown land and it was created for
use or common benefit direct or indirect of the native.

52
 Land Tenure at Independence

At independence, Zambia retained both the colonial categorization of land, and the two
regimes of land tenure. i.e statutory and customary tenures. Even if a Land Commission
was appointed shortly after Independence in November 1964 its recommendations,
contained in its report of 1967, were not implemented.

53
End of Topic 8

54
 Topic 9
The Lands Act

55
 Lands Act 1995

The genesis of background to the 1995 lands Act lies in the MMD government liberal
economic policy. In its campaign manifesto in 1990, the MMD promised not only to
liberalize the economy but the land tenure system once in office.

56
 Lands Act 1995

Unlike the UNIP government which pursued communist or socialist policies, the MMD
committed itself to pursue a self regulated market economy with the participation of both
the local and the foreign investors in respect to land, the
economy policy shift in respect to land entails that there is now more recognition of private
property and less interference in the market as was not the case in the previous regime

57
 Lands Act 1995

This in turn meant all the obstacles that infringed on the right of free alienation had to be
removed. The 1995 Act sought to drop certain principles under the 1975 act which were
seen as obstacles to the an open land market such as the requirement of affixing maximum
consideration in various transaction restricting foreigners to acquire land and the notion
that bare land had no value

58
End of Topic 9

59
 Topic 10
The Rent Act

60
 Introduction to the Rent Act

The brief background to legislation relating to protection of tenants in Zambia is

discussed under section 15.1 of Chapter Fifteen. The Rent Control (Temporary
Provisions) Act made provision for the restriction of eviction from both dwelling
and Commercial premises. The Act also provided for control of the rents and
restriction on payment of premiums. The Landlord and Tenant (Business
premises) Act was enacted in 1971 to supersede the Rent Control (Temporary
Provision) Act whose life was going to expire on 31st December 1971. On the
Justification of enacting the Landlord and Tenant (Business Premises) Act
Chapter 185 of the Laws of Zambia.
See the Daily Parliamentary Debates (No. 28C), Thursday, 25th November, 1971,
at P.134.

61
 Introduction to the Rent Act

At common law, any land owner was free to use and develop his land in any way he
wished provided he did not commit a nuisance or trespass against his neighbor’s
property. The need to provide for a rational and integrated pattern in the process of land
use and development necessitated the involvement of the legislature. The primary object
of planning is to ensure that all land is put to the use which is best from the point of view
of the community.
Megarry and Wade, the law of real property, London 4 th ed, Stevens and Sons Limited,
London, 2000 p.1086-
1087.

62
 The Purpose of the Rent Act

The Purpose of the Rent Act in general is for the protection of tenants of dwelling houses.
This protection is largely achieved under the Act by limitation of rent payable for dwelling
houses and provision of a substantial measure of security of tenure for tenants of
dwelling houses.

63
 Objectives of the Rent Act

Whenever he is of the view that it is desirable or expedient in the interest of

the republic to do so. Therefore the sole test in the determining the validity of
the compulsorily acquisition is whether or not it is in the interest of the republic
to acquire the land in question. Although the Act is silent on the question of
purpose or purposes for which the state may compulsorily acquire property, it
has been held by the High court of Zambia that the purpose must be a public
one.

64
End of Topic 10

65
 Topic 11
Land Acquisition

66
 The Lands acquisition Act, 1970

The lands acquisition Act was enacted mainly to address the problems created by
the absentee landlords were singled out or targeted as the object of the Act.
SALIENT FEATURES OF THE ACT.
1. The right to acquire property.

Section 3 of the Act empowers the President to compulsorily acquire any property
of any description.

67
 Compulsory Land Acquisition

Compulsory acquisition may be defined as the taking of property or land or an

interest in land, usually under statutory power, from the owner without his
agreement. Where there is statutory power to take mere possession of the land
without the acquisition of any estate or interest in it apart from the possession,
it is said to have been requisitioned. Compulsory acquisition is an aspect of the
state’s power of eminent domain i.e. the power, usually deemed inherent in
sovereign states, to take private property for public use, subject to making
reasonable compensation, as distinct from mere seizure. In the case of United
States of America v Frank L.Jones, Adam of George J. Pumpelly deceased and
others, the United States Supreme Court restated the right or principle of
eminent domain

68
 Lands Conversion of Titles Act

THE LANDS (conversion of titles) ACT

The lands (conversion of titles act) 1975 was the legislation which was to implement the
land reforms announced by Kaunda in his watershed speech even if the act was passed on
19th august 1975, it was deemed to have come into operation on 1st July, 1975.

69
 Lands Conversion of Titles Act

THE MAIN FEATURES OF THE ACT

The lands (conversion of titles) act was the first act to affect tenure and
estate in general way in Zambia. The main features of the act were as follows;
a) The vesting of all land in Zambia absolutely in the president. This replaced private rights
in land held under freehold.
b) Converting titles to land from freehold title to leasehold statutory title of not more
than 100 years.
c) Prohibition or the abolition of sale, transfer and other alienation of bare land for value.
d) Subject transactions in land to prior presidential consent.

70
 Lands Conversion of Titles Act

The subjection of transaction in land to prior presidential consent was perceived as the
cure of the exorbitant sale of vacant urban land. In granting consent, the president could
also regulate the cost of sale of land. The mechanism offered the government opportunity
to monitor transactions in land to ensure compliance with stated goals. Any transaction
that violated the presidential consent was declared null and void by the courts. What was
in existence between 1975 and 1985 was a regulated land market where the president
would fix maximum consideration for any transaction in land

71
 1985 Amendments to the Lands Conversion Act

In 1985 concerns were voiced in parliament on the amount of land that was being
alienated to foreigners. An amendment to the 1975 act was passed which in effect
restricted the ability of the government to give out land to foreigners. The act allowed
some exceptions to certain non Zambians such as approved investors, non profit
charitable organizations and transactions to which the president had given his consent
in writing.

72
End of Topic 11

73
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