FAQ
Commonly asked questions
1. What is Systematic Land Titling?
Systematic Land Titling is a simple, cost effective process for governments to issue land titles to legitimate landowners.
1. What is Systematic Land Titling?
Systematic Land Titling is a simple, cost effective process for governments to issue land titles to legitimate landowners.
2. What are the steps for Systematic Land Titling?
Sensitisation – Flyers and posters with information about the titling process will be distributed in the communities. There will be Radio and TV discussion shows explaining the process.
Enumeration – Medici Land Governance enumerators will go door to door to collect landowner’s personal information. The landowner will be required to show the property boundaries to the enumerator by walking around the property.
Verification and Adjudication – Once information has been collected and processed, the landowner will receive an SMS requesting them to come to a designated centre to verify that the information collected is correct. If there is a dispute about the land, an adjudicator will be on hand to try and resolve it. If that fails, the matter can be taken to court.
Issuance of offer letter – The landowner will receive an SMS with details of the time and location for them to collect their Offer Letter.
Issuance of certificate of title – To obtain a Certificate of Title, the landowner will be required to pay fees at a designated bank.
3. What documents are needed for Systematic Land Titling?
All landowners must ensure they are physically available at their properties with their National Registration Card (NRC) and any of the following documents as proof of ownership:
- Invitation to Treat
- Offer Letter
- Land record card
- Occupancy License
- Utility Bill (electricity, water)
- Council Rate Bill
- Letter of Sale
- Deed of Gift
- Foreigners who own properties with NRC’s are required to present a Resident’s Permit
- Non-Governmental/Non-Profit Organizations such as Churches, Trusts and Associations are required to present a Certificate of Registration issued by the Registrar of Societies and a Certificate of Incorporation under the Land (Perpetual Succession) Act Cap 186 issued by the Ministry of Lands.
- Businesses and Companies are required to provide the Certificate of Incorporation issued by Patents and Companies Registration Agencies (PACRA)
4. Can the landowners leave their documents with a reliable person at the property if the landowner is not available?
No. The landowners must be physically present as they will be required to append their signature on the application as well have their photograph taken. The same applies to children who are above the age of 21 who wish to be added to the Certificate of Title.
5. How long does it take to get a Certificate of Title once my data has been collected?
Approximately three months if the landowner pays for the titling fee immediately after receiving their offer letter.
6. What is the cost of the Certificate of Title?
| Land classification | Fee to be paid in 3 years | Minimum fee to be paid for the Certificate of Title |
|---|---|---|
| Low cost residential areas | 3,122 | 1,000 |
| Minimum cost residential areas | 3,500 | 1,308 |
| High cost residential areas | 4,200 | 1,385 |
| Commercial areas | 4,200 | 1,462 |
7. How does one make payment for a Certificate of Title?
- To make payments, take your Offer Letter to any one of the following Banks:
- Make a minimum payment of 1000 Kwacha
- Use your property number as your reference for the payment
- Take your bank deposit slip to the Ministry of Lands
- The Ministry will then start to process your Title
INVESTRUST BANK
– Soweto Market Branch
– Freedom Way Branch
– Ministry of Lands Branch
ZANACO
– Soweto Market Branch
ECOBANK
– All Branches
Headquarters where you will be issued with a Government Receipt
8. Should the payments be to the Ministry of Lands or the Local Authority?
Payments in the Systematic Land Titling Program should be made to the Ministry of Lands and Natural Resources
9. Should we pay the enumerators?
No enumerator should be paid! The enumeration process is free.
10. What happens to ones Occupancy License after being issued with a Certificate of Title?
The Occupancy License becomes invalid after the Certificate of Title is issued.
11. What happens to the money paid for the Occupancy License?
The Systematic Land Titling does not consider other processes that took place before.
12. What about arrears owed to the Local Authority?
Your Local Authority will give guidance on this issue of arrears and other council fees.
13. What is a Certificate of Title?
A Certificate of Title is a state issued document that identifies the legitimate owners of property. It is the evidence of possession of the right of ownership.
14. What are the benefits of a Certificate of Title?
- Security of land tenure.
- Allows a landowner to access loans from Financial Institutions as it can be used as surety.
- It increases people’s chances of taking part in capital market transactions as well as economic development of the country.
- Protect the landowner’s family, especially the wife and children in the event of death.
- Allows for the property to be inherited by one’s children.
15. What is the difference between the Council’s Title and the one from the Ministry of Lands and Natural Resources?
They both have the same legal status and are recognised under the Laws of Zambia, however, they each give different rights to landowners. An Occupancy License from the Council gives rights only to the structure and not the land with a tenure going up to 30 years. The Ministry of Lands Certificate of Title goes up to a maximum of 99 years and guarantees rights to the whole land, including the portion which is not covered by the built structure.
16. What is joint ownership?
This is where two or more persons simultaneously own property and jointly enjoy the rights and benefits of such ownership.
17. Can I include my spouse as a joint owner to property?
Yes, you can. It is referred to as joint ownership.
18. The Council has already evaluated our property, should we go through this again with Medici?
Yes. For purposes of titling this is necessary because your details, property boundaries and signatures must be capture in the Systematic Titling System for you to get a Certificate of Title. This will also provide additional information to the local authority for the determination of other statutory payments.
19. What do you do when the wrong boundaries are drawn?
- Boundaries should be checked during the public display and community verification.
- If the correction is not applied by the time of issuance of Certificate of Title, the Ministry of Lands should be visited to send a surveyor to check and verify the boundaries.
20. How are you dealing with people who sold and sub-divided their land?
If the sold land had a title, the buyer would have to go through the normal conveyance process. However, if the land was not titled, it will be recorded and titled in this project.
21. How will you deal with disputes?
Some of the common disputes include boundary disputes whereby neighbours do not agree on their demarcations or family disputes that involve family members not agreeing on matters regarding the property. There is an Adjudication Committee composed of officers from the Ministry of Lands, Local Council and Local leadership who will be adjudicating disputes. When the disputes are successfully adjudicated, the Titles will be produced. If the adjudication is unsuccessful within a stipulated time, the dispute will be recorded but the Titles will not be issued until the matter is resolved among the concerned parties. We encourage people to resolve disputes to benefit from Systematic Land Titling.
22. Will you demolish the properties that are partially built on the roads and will the landowners be compensated?
Demolition of any properties will be avoided as much as possible. However, the laws stipulate the need to ensure that there is road access to every property. Therefore, structures built on the roads will not be tolerated.
23. What happens to those who were given land by political leaders?
They can be considered for Certificate of Title if the Council has regularized the area, if the area is not encroaching on existing titled land, and as long as they show proof of ownership.
24. Why are you only titling selected areas?
Systematic land titling is taking place in areas that had no titles before and on state land.
25. What about people who have paid their headman for traditional land?
We are currently capturing information towards the issuing Certificates of Titles on properties that fall on state land where there are no village headmen. Customary land, where the village headmen play a role, will not be covered for now under this project.
26. What do you do when the Land owner was captured but did not receive SMS to advise them of the next stage?
The landowner should go to the Ministry of Lands (National Land Titling Centre) at the show-grounds to find out why they haven’t been advised on the next stage.
27. What do you do when the landowners would like to expedite the process because they want to sell their property or get a loan?
Landowners are advised to follow the process. Once the landowner makes a full payment, they will be cleared of their Certificate of Title debt and will be eligible to get a loan.
28. What do you do when a landowner cannot locate their property on the map?
The Medici Land Governance team will ask for surrounding neighbors as references and use that to search on the system.
29. What do you do when a landowner would like to change ownership after receipt of the Certificate of Title has been issued?
Once the Certificate of Title is attained, the decision of what is done with it is entirely up to you. Transfer of ownership will follow the normal conveyance process.
30. What do you do when there are errors (Names etc.) on the Certificate of Title?
The owner of the Certificate of Title should go to the National Land Titling Centre at the show-grounds with supporting documents like an NRC or utility bill.
31. Does the Systematic Land Titling Program address the disadvantaged position of women and other vulnerable groups?
The titling program is aware of the many challenges faced by women and other vulnerable groups, including cultural barriers in the enjoyment, protection and realization of rights to property which are exacerbated by patriarchal systems It has addressed the weaknesses inherent in general land administration and management systems which sometimes fail to consider the disadvantaged position of women, the aged and other vulnerable groups of people. It has taken steps to ensure they benefit from the Systematic Land Titling Program and that they are not left behind.
32. What do you do when a landowner is unable to come and verify due to challenges in mobility because of old age, an illness or disability??
If a landowner is not able to come and verify their property information due to mobility challenges, a family member should visit the verification centre and report this to the enumerators conducting verification. Medici Land Governance has been assisting such people by following them to their respective homes as long as they are within reachable parameters. Verification will be conducted at their places of residence in the presence of their family members. If the property is jointly owned, the person who is able to move can verify on behalf of the other/s who are unable to move. It should be noted that such a person’s rights to ownership of their property does not cease by virtue of their old age, illness or disability.
33. What do you do when the landowner has long been deceased and the grand children are the only survivors-and no administrator has been appointed?
Where one dies without leaving a will behind, it is presumed that such a person has died intestate. Therefore, his estate devolves in accordance with the Intestate Succession Act. Since the grandchildren are the surviving relatives of the deceased, they are eligible to inherit the property in equal shares as joint owners. For purposes of land titling, it is a requirement that an administrator is legally appointed by the Courts of Law where an Order of Appointment is issued. It is also a requirement that the family formally consent to the persons to be listed on the Certificate of Title as an owner by filling out a consent form.
34. How do you deal with a situation where the landowner is deceased?
The family must go to court to obtain an appointment letter of administrator to the estate of the deceased, who will ensure that all entitled beneficiaries are later included on the Certificate of Title.
35. What do you do when the property owner lives in another town or country or just can’t come due to work?
The National Land Titling Programme is a government programme. All supervisors are obligated to give permission to their subordinates who wish to take part. They can also call Medici Land Governance to make an appointment for their data collection.
36. What do you do when there is a language barrier?
Supervisors should be contacted, and they will assign an enumerator who understands that particular language. Medici Land Governance will send enumerators that speak local area languages.
37. Why was our block skipped both in the first and second phases or landowner’s information not found after collection by an enumerator?
There could be a number of reasons as to why a particular block was skipped which includes it sitting on already titled land or sitting on land belonging to service providers such as electricity and water utility companies. A landowner’s details may not show to due to it being an incomplete record, way-leaves or disputes. It is advised that a landowner visits Medici Land Governance for clarity.
38. Why has my neighbour managed to get an offer letter, yet I haven’t and we both sit on titled land?
It would have to be investigated. For further guidance visit the Ministry of Lands.
39. What is the difference between Medeem and Medici?
Medici has signed a Memorandum of Understanding with both the Ministry of Lands & Natural Resources the Lusaka City Council to support the issuance of 50,000 titles in the year 2018 within Lusaka province and the issuance of 250,000 titles in the city of Lusaka. Therefore, the information they are capturing will result into the issuance of titles. Medeem is collecting very valuable and useful information. However, the information may not result into the issuance of titles unless and until there is a formal understanding with the Ministry of Lands, the institution is not responsible for issuance of titles across the country. Medici’s program is being done under the government’s National Land Titling Program led by Ministry of Lands and Natural Resources which is aimed at ultimately issuing miilions of titles over a seven year period. Medici will be producing 99-year titles.
