Conveyancing

Conveyancing is the transfer of interests in land, together with the investigation of title that makes such a transfer safe.

Land in Zambia is held under the Lands Act on leasehold for a term of up to ninety-nine years, the radical title vesting in the President on behalf of the people of Zambia. Interests are recorded at the Lands and Deeds Registry, and a certificate of title is the principal evidence of ownership.

A transaction follows a settled sequence. Title is investigated through an official search at the Registry. A contract of sale is prepared and exchanged. Consent to assign is obtained from the Commissioner of Lands, and where land is held under customary tenure or by a council, further consents may be required. Property transfer tax is assessed by the Zambia Revenue Authority and must be settled before the assignment can be registered. Only on registration does the buyer’s title become complete.

The same discipline applies where land is given as security for a loan. The mortgage must be properly executed, consented to and registered if the lender is to be able to rely on it, which is why this area sits so close to the firm’s banking and finance work.