Handbook For Land Registration in Zanzibar

HANDBOOK FOR LAND REGISTRATION IN ZANZIBAR
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TABLE OF CONTENTS
TABLE OF CONTENTS .......................................................................................................................2 FOREWORD ..........................................................................................................................................4 SUMMARY.............................................................................................................................................5 MINIMUM YOU NEED TO KNOW .............................................................................................................5 1 LAND ADMINISTRATION SYSTEMS .....................................................................................6 1.1 DEEDS......................................................................................................................................6 1.1.1 Audit trail............................................................................................................................6 1.1.2 Documents only ..................................................................................................................6 1.1.3 No guarantee ......................................................................................................................6 1.1.4 Tedious and expensive ........................................................................................................6 1.2 OCCUPANCY ............................................................................................................................7 1.3 CUSTOMARY RIGHTS ...............................................................................................................7 1.4 RULE OF THE SWORD (GUN).....................................................................................................7 1.5 REGISTRATION .........................................................................................................................7 1.5.1 Extent by map / survey record ............................................................................................8 1.5.2 Record of rights ..................................................................................................................9 1.5.3 Principles............................................................................................................................9
1.5.3.1 1.5.3.2 1.5.3.3 Mirror....................................................................................................................................... 9 Curtain ..................................................................................................................................... 9 Insurance.................................................................................................................................. 9
BRINGING LAND INTO REGISTRATION ...........................................................................10 2.1 2.2 2.3 RIGHTS OF OCCUPANCY.........................................................................................................10 LEASES ..................................................................................................................................10 ADJUDICATION ......................................................................................................................11
STRUCTURE OF THE LAND REGISTRY.............................................................................12 3.1 DOCUMENTS...........................................................................................................................12 3.1.1 Land Registers ..................................................................................................................13
3.1.1.1 3.1.1.2 3.1.1.3 Terminology........................................................................................................................... 13 Land Register (Collections) ................................................................................................... 16 Register .................................................................................................................................. 16
3.1.2 3.1.3 3.1.4 3.1.5 3.1.6
Demarcation Maps ...........................................................................................................16 Parcel Files ......................................................................................................................17 Applications Book.............................................................................................................17

Procedures.............................................................................................................................. 17
3.1.4.1
Proprietors index.............................................................................................................21 Mutation Record ...............................................................................................................21

Detailed Instructions on Mutations ........................................................................................ 23
3.1.6.1
3.1.7 Register of Powers of Attorney .........................................................................................30 3.2 STAFF ....................................................................................................................................30 3.2.1 Registrar ...........................................................................................................................30
3.2.1.1 3.2.1.2 Powers of the Registrar .......................................................................................................... 30 Duties of the Registrar ........................................................................................................... 34
3.2.2 Deputy Registrar and Assistance Registrars ....................................................................35 3.2.3 Applications Desk .............................................................................................................36 3.2.4 Mapping............................................................................................................................36 3.2.5 Data Management ............................................................................................................37 3.3 EQUIPMENT............................................................................................................................37 3.3.1 Office layout .....................................................................................................................38 3.3.2 Document Store ................................................................................................................38 3.3.3 Applications Desk .............................................................................................................38 3.3.4 Map store..........................................................................................................................38 3.3.5 ICT....................................................................................................................................38 4 MODIFYING THE REGISTER ................................................................................................39
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4.1 4.2 4.3 5
CHANGE OF PROPRIETOR .......................................................................................................39 CREATING AND REMOVING A RIGHT.......................................................................................39 CREATING AND RETIRING PARCELS ........................................................................................40
FORMS.........................................................................................................................................41 5.1 REGISTERS .............................................................................................................................43 5.1.1 LR 1 Register Right of Occupancy....................................................................................45

5.1.1.1 5.1.1.2 5.1.1.3 A Property Section ................................................................................................................. 45 B Proprietor Section............................................................................................................... 46 C Incumbrances Section......................................................................................................... 47
5.1.2 LR 2 Land Register Lease.................................................................................................56 5.2 INSTRUMENTS ........................................................................................................................61 5.2.1 RL 1 Transfer of Lands RL01.doc.....................................................................................66 5.2.2 RL 2 Transfer of Lease RL02.doc .....................................................................................69 5.2.3 RL 3 Transfer of Charge RL03.doc .................................................................................73 5.2.4 RL 4 Transfer of Chargee in Exercise of Power of Sale RL04.doc..................................76 5.2.5 RL 5 Transfer of Profit RL05.doc ....................................................................................79 5.2.6 RL 6 Transfer of Undivided Share RL06.doc...................................................................82 5.2.7 RL 7 Transfer by Personal Representative to Person entitled under a will or an Intestacy RL07.doc........................................................................................................................................85 5.2.8 RL 8 Lease/Sub-Lease RL08.doc ....................................................................................88 5.2.9 RL 9 Charge RL09.doc ....................................................................................................91 5.2.10 RL10 Charge (BY Court Order) RL10.doc..................................................................94 5.2.11 RL11 Discharge of Charge RL11.doc .........................................................................97 5.2.12 RL12 Discharge of Charge (By Court Order) RL12.doc ..........................................100 5.2.13 RL13 Variation of Charge (By Court Order) RL13.doc............................................103 5.2.14 RL14 Surrender of Lease RL14.doc ..........................................................................107 5.2.15 RL15 Grant of Easement RL15.doc...........................................................................111 5.2.16 RL16 Grant of Profit RL16.doc.................................................................................114 5.2.17 RL17 Release of Profit, Easement or Restrictive Agreement RL17.doc ....................117 5.2.18 RL18 Severance of Joint Proprietorship RL18.doc...................................................120 5.2.19 RL19 Application for Partition RL19.doc .................................................................123 5.2.20 RL20 Power of Attorney RL20.doc............................................................................126 5.2.21 RL21 Power of Attorney (Bank) .................................................................................129 5.2.22 RL22 Notice of Revocation of a Power of Attorney RL22.doc ..................................131 5.2.23 RL23 Application to be registered as Proprietor by Transmission RL23.doc...........135 5.2.24 RL24 Caution RL24.doc............................................................................................138 5.2.25 RL25 Notice of Intention to Appeal to the HIgh Court RL25.doc .............................141 5.2.26 RL26 Application to Inspect the Register RL26.doc..................................................144 5.2.27 RL27 Application for Certified Copy RL27.doc ........................................................147 5.2.28 RL28 Application for Official Search RL28.doc .......................................................150 5.2.29 RL29 Application to Combine/Subdivide/Reparcel RL29.doc....................................153 5.2.30 RL30 Application Land Certificate/ Certificate of Lease RL30.doc..........................157 5.2.31 RL31 Conversion of Title RL31.doc ...........................................................................162 5.2.32 RL32 Withdrawal of Caution RL32.doc .....................................................................166 5.2.33 RL33 Deletion on Death of Joint Proprietor RL33.doc .............................................170 5.2.34 RL34 Rectification of Register RL34.doc ...................................................................174 5.2.35 RL35 Variation of Charge RL35.doc .........................................................................178 5.2.36 RL36 Dedication RL36.doc ........................................................................................182 5.2.37 RL37 Order of Grant (Full Right of Occupancy) RL37.doc.......................................186 5.2.38 RL38 Surveying Job Application RL38.doc................................................................190 5.2.39 RL 39 Restriction Application ....................................................................................192 5.2.40 RL 40 Restriction Removal.........................................................................................195 5.2.41 RL 41 Request to rEmove caution .............................................................................199 5.2.42 RL 42 request to remove restriction ..........................................................................203 5.2.42 ...........................................................................................................................................204 5.2.43 RL 43 Transfer Of Trees.............................................................................................207 5.2.44 RL 44 Mutation Form.................................................................................................211 5.2.45 RL 45 Land Certificate ...............................................................................................214 6 GLOSSARY ...............................................................................................................................216
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FOREWORD
This Handbook for Land Registration has been produced as a guide to Land Registry procedures in Zanzibar. It is complied using the current legislation, reference material for other, similar, territories and the experiences of the Land Management Adviser. But it needs to be understood that despite having had the legislation for land registration for almost 20 years, at the time of writing in late 2008, not a single parcel had been registered. It is only when the Land Registry starts to function that some of the challenges that affect Zanzibar will become apparent. Until these problems are found and faced this document aims to provide instructions on how the Land Registry can be established and managed. As experience grows this document should be modified to meet the actual conditions in Zanzibar Ian Corker Land Management Adviser 19th November 2008
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SUMMARY
Land registration is the process whereby land rights are recorded in documents called Registers and Registry Maps and held by the Registrar of Lands. Under a land registry system anyone wishing to deal in land only has to enquire of the Registrar of Lands to determine who holds what interest in land. Any changes in rights, whether they be transfer of existing rights, creation of new, or removal of old, have to be made using the appropriate form, or instrument, and having the change recorded in the Land Registry. Failure to register any changes is not illegal, but it is extra-legal, that is it occurs outside the law and will not be protected by the law. This is in complete contrast to registered transactions which the law upholds and protects, and if there is any loss the state will compensate the registered proprietor.
MINIMUM YOU NEED TO KNOW

This document is divided into 6 sections 1. 2. 3. 4. 5. 6. Land administration systems Bringing land into registration Structure of the Land Registry Modifying the register Forms, and Glossary
The minimum you need to know depends on your role in registration. For the Registrar, Deputy Registrar and the staff of the Applications Desk, they should read the whole document and understand it, including all the forms, where they are used and the information needed in each. For others working in the Land Registry or related departments they should read all the chapters, but can skim the forms. However, they need to pay careful attention to those sections that relate directly to them. For example DoSUP staff need to understand about mutations and the relationship between the Registrar of Lands and the Director of DoSUP in terms of modifying the land registry maps; DoSUP does the modification, but only as instructed by the Registrar of Lands. For the general public, skimming the chapters should be enough, although if they wish to conduct a transaction they would be advised to work out which form they need to complete and the information needed.
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1 LAND ADMINISTRATION SYSTEMS

Every land system needs some method for determining and maintaining land rights. Land registration in its present form is relatively recent dating from the late 19th Century, being based on the Australian Torrens System. The most common alternative to land registration is a deed system, but in many parts of the developing world customary rights were, and often remain, the main mechanism for allocating land rights.
1.1 DEEDS
A deed is simply a special form of contract (traditionally one that has been sealed and witnessed). Deed Registers are registers of these contracts. The Registrar of Deeds tries to take care that the contract is valid and the notary or solicitors involved in drawing up the contract should make sure that the person selling land or an interest in land, does in fact own that interest. In England, deeds go back to 1066 and the Norman Conquest, and in theory with every land deed it should be possible to trace the rights back to the original Crown Grant.
1.1.1 AUDIT TRAIL

Deed systems follow the audit tail of contracts. In theory they should go from the present owner to the original grant of the land, which is from the head of state. In reality this is rarely possible; the trial is simply either too long, or documents have been lost along the way. In practice what is usually sufficient is to follow the audit tail back for a given number of years. If this period is sufficiently long then it is a reasonable assumption that there will not be anyone else alive with a viable claim to the land. The rule in England used to be to go back 42 years.
1.1.2 DOCUMENTS ONLY

The problem with deed systems is that they only record the contracts or documents. There is no mechanism for determining whether the persons who made the contracts in the past ever actually owned the rights that are now being offered for sale.
1.1.3 NO GUARANTEE
While the audit trail with a deed system shows how the current owner obtained what he believes is his right, it DOES NOT provide any guarantee. Of course in reality a chain of contracts going back for a generation is usually good enough. But there is NO GUARANTEE. One way of dealing with this lack of guarantee is to obtain title insurance. Under title insurance systems, a third party (the insurance company) undertakes the search and if satisfied, provides insurance to indemnify the owner if the right purchased turns out not to be valid. In many ways title insurance systems are simply using the private sector to provide the same guarantee provided by the State in a land registration system.
1.1.4 TEDIOUS AND EXPENSIVE

The main problem with deed system is that following the audit tail can be a long, slow and expensive process, although the use of title insurance can speed up the process.
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1.2 OCCUPANCY
The legal adage possession is nine tenths of the law is still true and remains true even with registered land. In most systems adverse possession (using land as your own, openly, without violence and without permission) can lead to the squatter being granted title to the land. The period of adverse possession varies, usually from nine to 15 years, depending on the legislation. In some systems adverse possession does not apply against the State, while in others the period is extended if the claim is against the State. Although many people regard adverse possession as legalized theft, it is a very necessary piece of legislation. Without it lands where the true owner has died or disappeared without making any provision for their estate would end up without any owners. Over time this would result in much land having uncertain ownership. The Zionist argument regarding Israel to some degree is based on NOT accepting the principle of adverse possession. Despite the fact the most Jews left Israel almost 2000 years ago, the Zionists still argued that they had a right to the land. If this principle was applied elsewhere try and imagine what the effects would be. In South Africa most of the land should belong to the bushmen. What about Zanzibar? Who occupied the land 2000 years ago?
1.3 CUSTOMARY RIGHTS

Customary rights systems are common in many developing countries, and provide workable land administration systems particularly where there are stable communities and adequate land resources. The basis of customary right systems is that the land is owned, or at least administered by the community; usually the Chief or a group of elders. He / they then allocate the land according to need, usually for a specific purpose, such as production of crops. When the need ends (the crops have been harvested) the land is returned to the communal pool. Customary right systems work when the demand for land is low compared to its availability, and when there is no speculation in land. As populations increase these systems often breakdown.
1.4 RULE OF THE SWORD (GUN)

Where land is scarce then obtaining land by violence is may be resorted to. Many modern states owe their current (stable) land administration systems to an earlier period of land acquisition by violence: England, Israel, South Africa, Australia, the USA, Zanzibar, to name just a few. In many cases the passage of time results in the violence being forgotten, but in some cases, such as Israel and Sudan, the violence is ongoing. Land administration by the sword, or gun, is not a long term solution and the costs are unacceptable.
1.5 REGISTRATION
The alternative to the land tenure systems above is registration of title. The usual approach is that the State registers both the location of the property and the interests held. There are two basic parts of any registration system. A map, showing the location land (parcels) and a Register of rights held and the owners of these rights.
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1.5.1 EXTENT BY MAP / SURVEY RECORD

Much has been written on how land parcels are defined, and surveyors in particular tend to become obsessed with questions of precision. The problem is that in many cases the owners of land parcels neither knows nor really cares about the precise location of their boundaries. Most parcels are bounded by some type of physical feature, be it a road, stream, hedge, fence or wall. These rarely follow straight lines and some, such as streams and hedges, are both uncertain and changeable over time. In many systems, including the Zanzibar Registered Land Act 1989 (RLA), this uncertainty is taken care of by using General Boundaries. There is no single fully accepted definition of general boundaries, but basically a general boundary is one defined by a physical feature, although the exact point within the physical feature may not be know. For example a parcel may be defined by a hedge on one side and a wall on another. While there is a legal presumption that the boundary is in the middle of the hedge, how to determine the middle is not stated. Similarly with a boundary defined by a wall. Where in the wall does the boundary occur? In reality these theoretical problems are rarely an issue. For most land owners knowing that the hedge or wall separates you from your neighbour is enough. Of course there are cases where neighbours will argue over a few centimetres, but the cost of determining and surveying all boundaries to this level of precision cannot be justified, as it far exceeds the cost of resolving the relatively small number of boundary disputes that occur in most registration systems. The UK uses the same rules as Zanzibar. Boundaries are general, unless the land owners want to pay for the detailed surveys necessary to fix the boundaries. The reality is that very few ever do want to pay. The Land Registry determines the boundaries of properties and demarcates them on 1:1,250 topographic maps, see Figure 1. What is interesting is that even in central London, where land prices are some of the highest in the World, general boundaries are used and appear to work efficiently.
Figure 1 Land Registry Map showing a property in Cardiff, Wales. The actual boundaries are external walls, internal walls, a hedge, and the edge of a pavement
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1.5.2 RECORD OF RIGHTS

The Register or record of rights records the information necessary to record the registerable rights relating to each parcel. More details will be given below and it the section on the Registered Land Act, but a few points should be noted. First, there is no mention of an owner. The term used is proprietor. This goes back to the English law principle, that land cannot be owned. A principle expressed more forcibly in Zanzibari law. Probably the best way to think of it is that the proprietor is the holder, or the person with the current right to a particular interest. Second, not all rights are registerable. Minor rights, such as licences, are not included, neither are the rights of people in occupation (including squatters) registerable. The reason is that the law cannot deal in small matters, nor can the Registrar of Lands be expected to visit every parcel and determine the legal status of people found (or not found) on the land. It is the responsibility of the purchaser to make a careful physical inspection of the land.
1.5.3 PRINCIPLES
Every registered land system is based on the same three basic principles: mirror, curtain and insurance.
1.5.3.1
Mirror
The Register accurately and completely reflects the current state of the title; no need to look elsewhere.
1.5.3.2
Curtain
The Register is the sole source of title information; no need, and no right to look behind the curtain.
1.5.3.3
Insurance
The State guarantees the rights on the title and is responsible for compensation in case of errors or omissions
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2 BRINGING LAND INTO REGISTRATION

Because registered land rights are guaranteed by the State care has to be taken in bringing rights into registration. If errors are made in bringing land into registration it not only can make the State responsible for paying compensation, but it also puts the reputation of the Land Registry into doubt, and if it happens too often it can make the whole land registration system unworkable. In Zanzibar there are three main ways of brining land into registration: Right of Occupancy Leases, and Adjudication. The first two methods are used for recording grants and leases directly from government. While the third is used to determine rights that already exist, albeit rights that may have originated from the State, but were not registered.
2.1 RIGHTS OF OCCUPANCY

A right of occupancy (RoO) is the main way that land rights are granted in Zanzibar. RoO can only be held by Zanzibaris and they are usually granted for specific purposes; in the past the main reason being for agriculture. Rights of occupancy are granted by the Minister responsible for lands, and are initially granted provisionally for a period of two years. The provisional grants come with conditions; usually to develop the land in a certain way. At the end of the two years either a full grant should be granted or the original grant should be revoked. In practice these procedures have not been followed, but now the Land Registry is in place, it is recommended that all new full grants of RoO should immediately be registered.
2.2 LEASES
The Registered Land Act 1989, S47 states: A lease for a specified period exceeding two years, or for the life of the lessor or of the lesser, or a lease which contains an option whereby the lessee may require the lessor to grant him a further term which, together with the original term, exceeds two years, shall be in the prescribed from and shall be completed by: (a) (b) (c) opening a register in respect of the lease in the name of the lessee; and filing the lease; and noting the lease in the encumbrances section of the registrar of the lessors land or lease.
It appears that the RLA assumed that the land being leased had already been adjudicated and a register opened. This is clearly not the case at present, as nothing is registered. But as the State holds all the land it follows that if the State has issued a lease then the land leased is capable of being registered. It is suggested that the approach that should be taken is that for any leased land the Registrar of Lands
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should first open a Register for the full interest (freehold right) and then a subinterest for the leasehold right.
2.3 ADJUDICATION
Adjudication is the process whereby an Adjudication Officer, appointed by the Minister responsible for Lands determines who holds what right by following the procedures set out in the Land Adjudication Act. A separate document (Template to Adjudication) provides a full reference on how this process should operate. The end of the Adjudication is also the start of Registration: RLA 12 (1) Whenever an adjudication record in respect of any adjudication section is certified as final under section 25 of Land Adjudication Act, the Adjudication Officer shall forthwith deliver such record and the demarcation map, to the Registrar. The Registrar shall forthwith prepare a register for every parcel of public and private land contained in the adjudication record and shown who wn on the demarcation map, and shall register; (a) any person recorded as the occupant of a parcel in such record as the proprietor of that percel to any restriction contained in such record affecting his power of dealing with the land; patriculars of any lease, charge or other encumbrance affecting the parcel and the names of the persons recorded in such record as entitled to the benefit thereof.
(2)
(b)
13.
The date of first registration under this Act shall be the date on which the adjudication record in respect of land in any adjudication section is certified as final under section 25 of the Land Adjudication Act. The First registration of any parcel shall be effected by preparation of a register in accordance with the provision of subsection (2) of section 12 of this Act and the signing by the Registrar of the particulars of proprietorship, restrictions on power of dealing and encumbrances, if any, appearing thereon.
14. (1)
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3 STRUCTURE OF THE LAND REGISTRY

The structure of the Land Registry is set out by law in the RLA. It should be noted that this act was written in the days before computerisation of land records was common, especially in the developing world. So it makes no reference or provision for the development of computerised land records. At the time of writing (late 2008) the general opinion was that Zanzibar was not yet ready for a fully digital land administration system. The main problems being: a lack of skilled staff; the difficulty in developing a truly secure system; the lack of any sustainable system (the one being developed depended almost entirely on foreign aid money to develop and maintain); and the fact that the courts would probably not accept computer records as evidence. The approach that has been adopted therefore is to develop a paper based system, but to use computers, and in particular databases and GIS to enhance it. It should be understood, however, that the mapping system adopted is based entirely on the use GIS and digital mapping. This is mainly because the skills needed to develop and maintain a paper (or more likely plastic) mapping system are now very difficult to find. With mapping the basic data will be held in a GIS, but the RoL will obtain and hold printouts of the demarcation maps. The main components of the Land Registry are therefore: Documents Staff, and Equipment
Rowton-Simpson1 states that a juridically perfect system is useless without an efficient administration; on the other hand, efficient administration without formal statutory support has sometimes created procedure so effective in working practice that legislation appears unnecessary. In Britain the Scottish Search Sheet is an outstanding example of a very effective administrative devise not provided for in law. It is clear therefore that for Zanzibar to develop and effective Land Registry what is really needed is to develop effective and appropriate administrative systems. It is important that the law is complied with, but it is more important that the system works. It also needs to be understood that when the Land Registry is working properly there will be tens or hundreds of thousands of registered titles. Efficiency is therefore very important, both to save time and money.
3.1 DOCUMENTS
A Land Registry is basically a compilation of documents. The two most important documents being: The Land Registers, and The Demarcation Maps The Demarcation Map shows the distribution of land holdings (parcels) and the Land Registers provide information on the Rights and Restrictions affecting these parcels and the proprietors of these Rights and Restrictions. These relationships have been
1
Land Law and Registration Chp 17, pp 304
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modelled by the Land Administration Domain Model (LADM), Figure 2 LADM showing relationships between RegisteredObject (parcel), RRR (Rights Restrictions and Responsibilities, Person (Proprietor) and OwnershipFolio (Land Register)Figure 2. The Responsibilities mentioned are normally not registerable rights, but rather responsibilities to the wider public which are mainly covered by planning and environmental legislation. The Land Registry documents are the proof of rights and responsibilities and the proprietors of these rights. It is therefore vital that they are kept safe. Ideally they should be held in a secure, fire and vermin proof vault. If this is not possible then fire proof cabinets, with good security. While, as mentioned about, digital evidence is not regarded as being acceptable at present, an additional level of security would be afforded by holding a digital copy of all the data held on paper; in the form of databases rather than digital images. But this digital data also needs to be held in a secure environment, physically separate from the paper records. At the time of writing neither the paper nor the digital security systems were adequate.
Figure 2 LADM showing relationships between RegisteredObject (parcel), RRR (Rights Restrictions and Responsibilities, Person (Proprietor) and OwnershipFolio (Land Register)
3.1.1 LAND REGISTERS 3.1.1.1 Terminology
The terminology for land registers can be confusing, as similar words are used for different elements Land Registry: Is the office of the Registrar of Lands there being one Land Registry in each Registration District [RLA S6]
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Land Register: The Land Register shall comprise a register in respect to every parcel in each registration block and section and a register in respect of each lease required by this Act to be registered. Register: A register is a page (double sided) providing details of each parcel and a separate register for each lease on a parcel. The easiest way to think of the Register is that it is a record of the main right(s) on a parcel. Every parcel has a head right, which in Zanzibar is a Right of Occupancy, held either by the State or privately. This is recorded on a white register and there is one per parcel, although additional sheets can be added when the original becomes full. Under each RoO form there may be green lease forms. There is one form for each lease, with further forms if the lease is then subleased. It should be remembered that private RoO holders can lease for 15 years, while the State can lease for 49 years. If there was a condominium act in place there could also be pink forms for each strata-lot. Registration District: Is an area ordered by the Minister [RLA S5]. Currently there are only two Registration District, Pemba and Unguja. Registration Section Means a division of a registration district made in accordance with section 17 [of the Registered Land Act].; Registration Block. Is a subdivision of a section. The registers are bound together into Registry Books and the size of the block should be such that initially there are not much more than 100 parcels in each block and hence each registry book. Registry Book A registry book is a loose-leaf folder containing all the registers for a block. The registers are filed sequentially, starting at parcel 1. There is one page for each parcel with a right of occupancy Registry Map: Means the map or series of maps compiled in accordance with the provisions of section 17 [of the Registered Land Act]. Maps are delineated by section boundary and then by block. It is recommended that the grid references be used to delineate the boundaries of the blocks as these provide a constant frame of reference, unlike the shehia boundaries, which appear to change almost every year. To Register: means to make an entry , note or record in a register under the provisions of this Act, and the words registered, unregistered and registration bear a corresponding meaning. Block: the adjudication sections are so divided, shall be divided into blocks, which shall be given the same letters or numbers or combination of letters and numbers as are given on the demarcation maps. Parcel: means an area of land separately delineated on the Registry Map and given a number Or in simple terms: Land Registry: Is the place. Land Register: Is the collection of forms [and maps]
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Register: Is the form, one for each parcel and lease held on a parcel. Registration District: Is the large area, such as Unguja, which is under the control of one Land Registry. Registration Section Is a subdivision of a Registration District. Registry Map: Is the map or maps showing the boundaries and distribution of parcels in a Registration District. To Register: is the act of creating or amending a register to reflect the rights held and the right holders. Block: A block is a subdivision of an Registration Section. The easiest way to create a block is to use the grid references used to create mapsheets (it doesnt matter that there is no actual mapsheet). A parcel is in a block if its centroid (centre) is within the boundaries of the mapsheet. So in Figure 3 the parcels from mapsheet 2050_1900 (green) spill over into 2050_1875 (blue) and visa-versa.
Figure 3 Blocks based on mapsheets. A parcel is in a block if its centroid falls within the grids defining the sheet, even if part of the parcel exists outside.
Parcel: Is an area of land held under a single Right of Occupancy certificate, or as determined by the Adjudication Officer. Basically a parcel is an area of land with a single head-right (Right of Occupancy). So a field the right of occupancy of which is
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held by one person or group of persons together is a parcel, but so is a development, say like the Serena, where there are several buildings where there is one right of occupancy.
3.1.1.2
Land Register (Collections)
The Land Register is the collection of registers (individual forms). The registers are bound together into loose-leaf files. The recommended approach is that for each Block there should be a separate Folder, or if the Block has many parcels, more than one folder. If blocks have very few parcels they may be combined, but care needs to be taken to ensure that the different parts are clearly distinguished. The Land Register needs to be housed in a secure building, preferably in a vermin and fire proof vault. But at as minimum in steel cabinets or cupboards. Each folder needs to be clearly marked with the District, Section, Block and range of parcels: Ungjua Stone Town Block 2050_1900 Parcels 1 99
3.1.1.3
Register
The Register is the individual page of the Land Register. There is one register for each parcel and a further register for each lease held on the parcel; this includes subleases. The head-right (Right of Occupancy) being distinguished from the leaseholds by the use of different forms and different coloured papers; RoO in white, leases in green. At present there is no condominium or strata lot law in Zanzibar, but one is being considered. If and when the law is amended there will also need to be Registers for the Condominiums and the Strata-lots within them. Again distinguished by colour; blue for condominiums and pink for strata-lots. Details of the Registers are given in Section 5.1.
3.1.2 DEMARCATION MAPS

Demarcation maps are maps that show the distribution and boundaries of parcels. In pre-GIS days a demarcation map would probably have been produced on plastic sheet, with the parcels demarcated by lines and clearly numbered. The demarcation maps would have been at the same scale and used the same grid as topographic maps, so that the demarcation maps could be overlaid on the topographic maps. Today paper and plastic maps have largely been replaced by GIS technology. The parcel boundaries are held in a layer on a computer mapping system, along with other information ranging from detailed aerial photographs, to layers that represent roads, buildings, rivers etc. I need some examples of parcels and layers for use here. How will these maps be held? In the GIS or on printed copies? Who will be responsible for what?
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3.1.3 PARCEL FILES

The Register is meant to be a mirror of the rights affecting a parcel, so anyone interested in know what rights or restrictions there are and who is the proprietor needs only to look at the Register. But the law requires that: all instruments accepted by the Registrar shall be retained in the registry for as long as they support a current entry in the register and for six years thereafter. What this means is that all documents that relating to a current parcel or right affecting that parcel should be retained while ever the parcel or right exists, and then for a further six years. The usual method of keeping such documents is to create a parcel file, which is an envelope with the same block and parcel number as appropriate Register. In it are stored all the instruments and other documents relating to the parcel. If a document refers to several parcels it can either be cross referenced; inserting a paper giving brief details and the location of the master document, or by copying the master document; and providing the reference to the parcel holding the original. Parcel files are stored sequentially in Section, Block and Parcel order.
3.1.4 APPLICATIONS BOOK

Whenever any change is requested in the Register the request should be evaluated and if it fulfils the requirements of the law it should be entered into the Land Registry and recorded in the Applications Book. The book has rows, one for each entry, and 12 columns: Instrument No Section Block Parcel Grantor (holder of right) Grantee (new holder of right) Nature of Application Consideration Registry Fee Official Receipt Number Date Completed Signature of Registrar
3.1.4.1
Procedures
When an application is made to the Land Registry it should first be evaluated to see that it complies with the law, RLA S111 114. These rules are summarised in Figure 4. In simple terms all applications should be made using the appropriate form (this is important because the forms request information specific to each type of application); submitted in the right number (triplicate for a lease);vsigned by the existing right holder and the applicant; and indicate that any required fees and taxes have been paid. Applications that do not meet these requirements should be rejected and the applicant told the reason for the rejection. Accepted applications should have the details entered in the Applications Book. At the start of each day the day and date should be written in the next available row, see
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Figure 5. Entries are then written in as they are submitted to the Land Registry. The instrument number is a simple sequential number. It is recommended that these numbers be printed as barcodes on sheets of labels. With say four labels for each number. One label is entered in the applications book and others are stuck to the appropriate RL form and any supporting documents. As the Land Registry becomes busy there may be a delay between making an application and the effects being recorded in the Register. As system needs to be developed to ensure that applications are not overtaken, or mislaid. It is recommended that once an application is received a note is put in the appropriate Register(s) in pencil. This automatically gives notice to anyone attempting to register a subsequent transaction. Summary data from the application book should also be entered in the Land Registry database. This will also create a link to the parcel entry on the database and restrict any further dealings until the earlier applications have been processed. It must be clearly understood that ever application has to be entered in the Application Book as soon as it is accepted by the Applications Clerk.
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act submitting Instruments Application submitted
Reject Application
[Not on Prescribed Form] Rejected [On Prescribed form]
[Lease or charge] Not in Triplicate
[Not Lease or Charge]
[In Triplicate]
[Consideration or receipt missing]
[Consideration and receipt]
Not signed as required [Signed by Minister] Sealed [Signed by authorised officer]
[No]
Not signed by officer
[Signed by natural person]
Signed by Official Not signed by Gov Body Signed Governing Body
Applicant cannot be verified Has credible witness
[Not Known] Known by RoL
Stamp Duty Paid
LR Fees Paid
ApplicationAccepted
Figure 4 Decision tree for applications to modify a Register.
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Applications Book for Unguja District of Zanzibar

Instrument Section No Block Parcel Grantor (holder of right) Grantee (new holder of right) Nature of Application Consideration Registry Fee Official Receipt Number Date Completed Signature of Registrar
Monday 10th November 2008

1 Stone Town 2050_1900 5 Any Body 77 Ali Mohamed Someone Else Abdullah Smith Transfer of title Lease US$20,000.00 US$1,000.00 per year TZS 25,000 TZS 20,000 105 25/12/2008 106 1/1/2009
Kasim Ali Kasim Kasim Ali Kasim
2 Section 2150_1050 2
Tuesday 11th November 2008

3 Section 2150-1100 2 57 Duchi Ali Kasim Somebody Transfer of title US$50,000.00 TZS 25,000 107 2/1/2009
Kasim Ali Kasim
Figure 5 Applications Book Example
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3.1.5 PROPRIETORS INDEX

In old fully paper system the proprietors index was a card index system where the name of each proprietor was recorded against each parcel, or right held by them. In fully digital system, or partially digital system, like this, there is no need for a separate index, but rather a facility to search the Land Registry database by name of right holder. It should be understood that searching by name in Zanzibar has special problems. Firstly, there is possible variation on the spelling of common names; Mohamed may also be written as Muhamed, Mhamed, and even Hamed. Secondly, many people may have the same name; there will be many Mohamed Alis. Thirdly, although there is a national ID card, it appears that not everyone uses it. Here the Adjudication Officer and the Registrar of Lands should agree on policy; whether or not to register anyone who does not have a valid national ID.
3.1.6 MUTATION RECORD

A mutation is the name given to any change in the Demarcation Map, whether by subdivision (splitting parcels), amalgamation (joining adjacent parcels) or reparcelation (adjusting parcel boundaries). Under the RLA it is the Registrar of Lands who is responsible for the Registry Map, and for any alterations to the Registry Map. RLA S19(1) On the application of a proprietor of land, and subject to the agreement of all person affected thereby, the Registrar may order the alteration of the Registry Map, but no such alteration shall be effected except on the instructions of the Registrar in writing in the prescribed form, to be known as a mutations form, and the mutation form shall be filed and recorded in the mutation record. While the RoL is responsible for any mutations to the Registry Map it was probably not envisaged that the RoL would be responsible for making the mutations himself. In other territories that operate a similar system the Chief Surveyor, or similar, holds and maintains the Registry Maps as directed by the Registrar of Lands, there is no reason to think that the system should be any different in Zanzibar. It follows that the Director of Surveys and Urban Planning should be responsible for holding and amending the Registry Maps, but the amendments should only take place where they are authorised and approved by the Registrar of Lands. The process and relationships being shown in Figure 6.
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act Mutations Applicant Surveyor Registrar DDoSUP GovSurveyor Mapping
Proposes Mutation
Prepares Plan Application
Prepares RL29 Form
Submits Form Accepted
Prepares Mutation Form
Reviews Mutation
Checks Parcel Map
Meets Concerned parties Reject Mutation Returned
Site Survey
Provision Map Modification
Rejected Approved
Survey Report
Documents Returned
Applicant Advised
Receives Approved Mutiation Form
Rejects and cancels.
Approves
Applicant Asked To Review
Completes Tansaction
Modifies Register
Instruction to amend Map
Mapping Instructed
Amends Map
Application Removed
Modified Map Available
Instructed to cancel mutation
Mapping Instructed
Remove Provisional Amendments Map Not Modified.
Figure 6 Mutations Process
It needs to be remembered that the RLA was produced at a time when mapping in Zanzibar would have been done on paper (or plastic). Today mapping is done digitally (on computers) so it would be possible for the Director DoSUP to maintain the map and, if the system permits, for the RoL to be able to view the modified map immediately afterwards.
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The Mutation Record should be a separate folder in which all mutations are filed, but it is also recommended that copies of the mutation forms be placed in the parcel files for all affected parcels; i.e. both mother and child parcels.
3.1.6.1
Detailed Instructions on Mutations
Management of mutations is complicated because it involves at least six parties, and their activities and the flow of information between them needs to be carefully managed. For this reason detailed instruction, base on the workflow in Figure 6, are given in
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Task
1. Propose mutation
Applicant
Applicant needs to hold the title for applications to subdivide and amalgamate. And have agreement with proprietors of parcels for reparcelation
Surveyor
Registrar
Director DoSUP
Surveyor DoSUP
Mapping
2. Prepare plans of proposed mutation.
It is recommended that the boundaries of the mother parcels first be resurveyed prior to making mutation plans. The RL 29 should be completed and signed, with the plan of the proposed mutation attached. The appropriate LR fee should be paid along with the fee for DoLR.
3. Prepare RL 29 form and submit to Registrar of Lands
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Task
4. Review application
Applicant
Surveyor
Registrar
The Applications Desk in the LR should review the application, ensuring that it is correctly completed and the appropriate fees have been paid. Incorrect applications should be rejected. The LR prepares mutation forms for accepted applications . Two copies of the form are needed.
Director DoSUP
Surveyor DoSUP
Mapping
5. Prepare Mutation Forms and send to DoSUP
6. Receive Mutation Forms, Review and Process.
Check that the forms have been correctly completed and that the parcels referred to appear to be correct. Forms should be passed to a surveyor for field checks.
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Task
7. Check parcel Map
Applicant
Surveyor
Registrar
Director DoSUP
Surveyor DoSUP
Check the proposals against the existing parcel maps. Contact the applicants and the proprietors of surrounding parcels, putting notices on the land. Conduct a site survey to check plans and proposals2
Mapping
8 Conduct Site Survey
9.Provisional Map Modification
Based on the Government Surveyors survey (8) the proposed mutations should be inserted as in a provisional layer on the Land Registry map.
2 The nature of the check will vary depending on the relationship with the surveyor who prepared the plans. At present there are no private surveyors license to operate in Zanzibar, so the check will actually be a complete resurvey. When licensed surveyors are in operation the check can be reduced to check for possible discrepancies (checking the diagonals is a common approach) and if this is passed the whole plan can be approved.
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Task
10. Survey Report
Applicant
Surveyor
Registrar
Director DoSUP
Surveyor DoSUP
Produce a survey report which should outline whether the proposed mutation could be done as suggested. Giving any problems encountered and the solutions developed. A mock up of the modified Land Registry map showing the mutations should be included.
Mapping
11. Review Survey Report
The survey report should be reviewed and a decision taken whether the mutations can be effected or not. Clear recommendations, to accept or reject should be sent to the RoL.
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Task
12 a Report Rejected
Applicant
Surveyor
Registrar
Rejection means writing to the applicant explaining that the request has been rejected, returning documents as appropriate. Applicant told the mutation can be approved. He/she is asked to review the provisional amendments to check that what has been done is in agreement with what they wanted to do.
Director DoSUP
Surveyor DoSUP
Mapping
12 b Report Accepted
13. Review the proposal
Applicant reviews the provisional modification and decides whether this conforms with what he/she intended. If it does it is accepted, If not it is rejected and the process stops.
If rejected the application is removed and the DoSUP informed.
Cancellation received Mapping told NOT to modify the map.
Survey report filed in case similar application comes up in future.
Land Registry Map not modified, but modified section may be saved in case similar application is received in future,
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Task
14. After approval Register and Map are amended.
Applicant
Surveyor
Registrar
Transaction completed as instructed by applicant. Register amended to reflect change; old parcels retired and new parcels created based on next available parcel number for the block. DoSUP instructed to amend map.
Director DoSUP
Instruction to amend map received an passed to mapping. Modified map received and forwarded to Registrar of Lands.
Surveyor DoSUP
Mapping
Provisional amendment now made final and new parcels created. Care must be taken to ensure that the parcels numbers given are the same as used by the Land Registry. Copy of modified map sent to Director
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3.1.7 REGISTER OF POWERS OF ATTORNEY

It is possible for the proprietor of a property right to allow another to act in his or her place using a Power of Attorney. This is often used when the proprietor is overseas, but it can be used where the proprietor believes they may become incapacitated, say due to old age or illness, and they request someone else to manage their affairs. But the same power of attorney can be used to avoid payment of fees and taxes on land transfer, as an irrevocable power of attorney in effect gives the grantee (recipient) essentially the same rights to use and deal with the land as the proprietor. Needs a form
3.2 STAFF
The most important part of any land registration system are the staff. Good staff can make a poor system, with inadequate equipment work; while poor staff can cause a well designed and resourced system to fail. Good staff need certain basic attributes. The need to be reasonably intelligent; able to follow instructions and procedures; have empathy with their clients; able to listen to problems; and capable of finding solutions to new problems (no system can ever foresee all possible requests or problems). The specific attributes of staff will vary, but they must be able to read, understand and apply the law. They must understand maps, plans and surveys. And increasingly they will need to have good ICT skills. Staff will be expected to have a reasonable level of education, including good English, as well as Swahili. No matter what background people have, they will need further training, which should be expected to continue throughout their career. While this will involve external courses, both long and short-term, the options of distance learning and internal course; where staff skilled in particular areas pass on their knowledge to others.
3.2.1 REGISTRAR
The Register of Lands is the head of the Land Registry. He is a Presidential appointee, RLA S7(1). The Registrar of Lands has extensive powers, which are similar to those of a judge. RLS S8:
3.2.1.1
Powers of the Registrar
The Registrar may exercise the following powers in addition to any other powers conferred on him by this Act, that is to say: (a) he may require any person to produce any instrument, certificate or other document or plan relating to the land, lease or charge in question and the person shall produce the same; he may summon any person to appear and give any information or explanation respecting land, a lease or charge, or any instrument, certificate or other document or plan relating to the land, lease or charge in question, and such person shall appear and give such information or explanation; he may refuse to proceed with any registration if any instrument, certificate, or other document, plan, information or explanation required to be produced or given is withheld, or any act required to be performed under this Act is not performed;
(b)
(c)
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(d)
he may administer oaths or take a declaration in lieu thereof, and may require that any proceedings, information or explanation shall be verified on oath or by statutory declaration; he may order that the costs, charges and expenses incurred by him or by any person in connection with any investigation or hearing held by him or on his orders shall be borne and paid by such persons and in such proportions as he, the Registrar, thinks fit.
(e)
In addition to the powers, mentioned in S8 he also can: RLA S12 Prepare a register for every parcel shown in an adjudication record and show the parcel in the demarcation map. RLA S14 Register changes to the register and cancel obsolete entries. RLA S15 Cancel entries in the register which he is satisfied have ceased to exist. RLA S16 Open a new register showing only subsisting entries and omitting therefrom all entries which have ceased to exist. RLA S17 Compile the Registry map and cause registration section or blocks to be combined or divided, or cause their boundaries to be varied. RLA S18 (1)cause to be made a survey of land for any purpose connected with this Act and, after informing every person affected thereby, may cause the Registry Map to be corrected as a result of such survey. (2) at any time direct the preparation of a new edition of the Registry Map or any part thereof, and there may be omitted therefrom any matter which the Registrar considers obsolete. RLA S19 (1)On the application of a proprietor of land, and subject to the agreement of all person affected thereby, the Registrar may order the alteration of the Registry Map, but no such alteration shall be effected except on the instructions of the Registrar in writing in the prescribed form, to be known as a mutations form, and the mutation form shall be filed and recorded in the mutation record. (2) Whenever the boundary of a parcel is altered on the Registry Map, the parcel number shall be cancelled and the parcel shall be given a new number. RLA S20 (2) Where there is dispute on a boundary he may consider and indicate the position of the boundary. (4) The RoL has to consider any boundary dispute before they can be considered by any Court [the RoL is the Court of Competent Jurisdiction for boundary matters]. (5) Unless a boundary has been fixed, under S21, the RoL may receive such evidence as to its boundaries and situation as it or he thinks fit. RLA S21 On application, the RoL may determine boundaries and have them defined by precise survey.
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RLA S22 (2) direct in writing the demarcation of boundaries, and failure to comply being an offence. RLA S23 (1) Take action against anyone who defaces, removes or impairs a boundary feature without consent. (2) Require that the person convicted of a boundary offence, in (1) above, pay the cost of restoring them, such cost being recoverable as a civil debt. RLA S24 (1) On application of a proprietor of contiguous parcels with the same rights, restrictions and requirements, order that the old registers be closed and a new one opened. But: Not if it conflicts with the law, including law on size of parcels, and Not if the subdivision would subdivide land that is leased. RLA S25 On application of the proprietors of adjacent parcels, the RoL may change the layout of parcel (Reparcellate) and in so doing cancel the old parcels and create new ones. But he may refuse if he considers there to be substantial changes, which are in fact transfers rather than reparcellation. RLA S32 If no Land Certificate has been issued, the RoL may on application from a proprietor, on the prescribed form, issue one. RLA S33(1) If a Land Certificate has been issued the RoL shall require its production at time of any dealings, unless it is filed in the registry, or the Registrar dispenses with its production. (2) If the disposition (transaction) is a transfer, the Certificate, if produced, will be destroyed and a new one provided to the new proprietor. (3) If the disposition is a charge, the Certificate, if produced, will be filed in the registry. RLA S35 The RoL may require a statutory declaration that a Land Certificate has been lost. He may then issue a new certificate. If the lost certificate is found the RoL shall cancel it. RLA S41 If the Registrar is satisfied that a person has wilfully failed to register and instrument the Registrar may order that the instrument be sent for registration and that the fees and additional fees (fines under S40) be paid. Failure to comply is an offence. RLA S64 The Registrar may cancel a lease if he is satisfied that the conditions in S64(1) have been met. RLA S71 If a chargor (borrower) wishes to repay a charge and the chargee (lender) is not in Zanzibar the Registrar may receive and hold the money in trust. RLA S96 The Registrar may cancel easements, profits and restrictive agreements on application of persons affected, where: the time period for the agreement has expired the event that intended to terminate the agreement has occurred, or
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it has been abandoned.
RLA S97 On application of any interested party the Registrar may cancel an easement, profit or restrictive agreement which he finds to be: Obsolete Restricts the use of the land without any practical benefit Its discharge will not injure the person entitled to the right. RLA S103 Where more than ten (10) persons become registered as proprietors in common the Registrar shall enter a restriction until statutory trustees (no less than two, no more than four RLA S104) have been appointed to deal with the land. RLA S108 Where an application for partition is made, if the land is incapable of subdivision, or the subdivision would affect its proper use, the Registrar may sell the land by public auction and divide the proceeds amongst the proprietors in common according to their respective shares. RLA S111 The Registrar will prescribe instruments for the disposition of all land rights. RLA s112 All instruments must be executed by the person shown on the register as proprietor of the right and he shall appear before the Registrar with a credible witness, unless he is know to the Registrar (S113). RLA S115 The Registrar shall keep all instruments while they support a current entry in the Register and for six years thereafter. RLA S116 The Registrar may enter minor of proprietors of interests in land, but he shall NOT allow then to deal in the land until they reach majority (18 years). RLA S117 The Registrar will not accept anyone to be an agent of a proprietor unless there is a duly executed Power of Attorney which is then lodged in the Power of Attorneys register. The Registrar will only allow the guardian of a minor or person acting under a disability to act if he is satisfied that they are entitled to act. RLA S132 The Registrar may enter a caution where a person holding: An unregisterable interest Is entitled to a licence Has presented a bankruptcy petition, or Is a bank that has advanced money to any land, lease or charge Lodges an application for a caution. But the Registrar may refuse to lodge a caution that he considers unnecessary, or which can be effected by registration of an appropriate instrument. RLA S134 The Registrar may serve notice that a caution will be removed if he has received an application from an interest party: After the stipulated time if the cautioner does not object. After giving the parties the opportunity of being heard, and finding against the cautioner.
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RLA S135 The Registrar may refuse to accept further caution by the same cautioner, or a person acting on his behalf, on the same matter. RLA S137 The Registrar may, with or without application, make a Restriction for the prevention of fraud or improper dealing. RLA S139 The Registrar may give the parties affected by a Restriction the opportunity of being heard and determine whether it should be removed or modified. RLA S140 The Registrar may consider applications for persons to be registered as proprietors of land by virtue of long (12 years), open and uninterrupted possession without permission; prescription. RLA S144 The Registrar may rectify the registers in the following cases: in formal matters and in the case of errors or omissions not materially affecting the interests of any proprietor; where any person has acquired an interest in land by prescription under Part IX of this Act; in any case at any time with the consent of all persons interested; where, upon resurvey, a dimension or area shown in the Registry Map or in any register is found to be incorrect, but in such case the Registrar shall first give notice to all persons appearing by the register to be interested or affected of his intention to rectify.
Or where an address has changed, after application from the proprietor. RLA S148 The Registrar may on application of any interested party determine whether a right of indemnity has arisen and if so award indemnity along with costs and expenses. RLA S151 Where a question arises over the exercise of his powers or duties, the Registrar may state a case for submission to the Court, and the Courts decision shall be binding on the Registrar. RLA S152 Where the Minister or any other person is aggrieved by a decision of the Registrar, the Registrar may prepare a brief statement on the appeal and submit it to the appellant and Court. RLA S156 The Registrar is deemed to have served a notice when: He has served on the person personally, or It was sent by registered post to that persons last know postal address in Zanzibar, or elsewhere, or It was served to an attorney holding a power of attorney, or By display on a prominent place on land.
3.2.1.2
Duties of the Registrar
The Registrar is in charge of the Land Registry and its staff. It is his duty to ensure that:
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1. All information in the Land Registry is kept safe and is not lost, destroyed or modified, unless on his instructions and in accordance with the law. 2. That the Land Registry staff perform their duties as directed. 3. That the interests off all land right holders, including that of government, are upheld. The Registrar has to ensure that the Land Registry is adequate to store the Registers, Maps and other documents, be they physical (paper) or digital. For the physical storage this requires that the Land Registry is protected against fire, theft, decay and vermin. While digital data is protected against unauthorised modification and loss, say by computer viruses. He should therefore ensure that all records are adequately backed up and protected. He should ensure that his staff are provided with full and adequate instructions as to their rolls. They are trained in their respective rolls, and that they perform their duties adequately, if not better. The Registrar must therefore: Have detailed job descriptions for each post, with requirements and performance indicators Prepare and operate a full and adequate training plan. Conduct annual performance appraisals, providing staff and the Minister with feedback on the standards achieved and additional works needed. Conduct disciplinary action against any staff who, after be found to perform below the standard required, do not improve their performance after being given appropriate additional training. Maintain an inventory of all equipments and infrastructures, noting any shortfalls or defects, and making requests to the Minister to rectify these problems. Maintain links with partner organisation, especially the DoSUP and report any problems along with proposed solutions to the appropriate authorities. With respect to modifications of the Registers. The Registrar shall ensure that no changes are made to any document, including the Registry Maps, unless authorised in writing by him, or his duly authorised Deputy Registrar. For changes to the registers the Registrars approval is signified by his signature. And with the maps it is signified by his signature on the mutations form.
3.2.2 DEPUTY REGISTRAR AND ASSISTANCE REGISTRARS

RLA S7:
(2) The Minister may appoint a Deputy Registrar of Lands and as many Assistant Registrars of Lands as may be necessary for carrying out the provisions of this Act.
(3) The Registrar may in writing authorize the Deputy Registrar or any Assistant Registrar to exercise or to perform all or any of the powers or duties conferred on the Registrar by this Act or by any regulations made thereunder, and may at any time revoke or vary any such authorization. Provided that no such authorization shall be deemed to divest the Registrar of any of his powers or duties, and he may, if he thinks fir, exercise all his powers or duties, and he may, if he thinks fit, exercise all his powers or duties not with standing any such authorization.
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Provided further that in the absence for whatever reason of the Registrar, the Deputy Registrar may exercise any of the powers vested in the Registrar by this Act.
So the Minister may appoint a Deputy Registrar and Assistance Registrars. In practice they are responsible for the day to day running of the Land Registry, with the Registrar providing overall management and control. How these people are deployed is the responsibility of the Registrar of Lands himself, although the following areas need specific consideration: Applications Desk Mapping and Data Management
3.2.3 APPLICATIONS DESK

The application desk is the front of the Land Registry. All instruments that require registration are first submitted to and scrutinised by the applications desk, Figure 4. Any application that does not fulfil the requirements of the law is rejected, while any that is accepted has to be recorded in the Applications Book, Figure 5, and subsequently processed. It is vital therefore that the applications desk is staffed by people who have been thoroughly trained and are know their roles, responsibilities and limitations. The applications desk staff have to know which form is need for which type of application, and what information, fees, forms etc. are required to support an application. They also need to know how each form should be completed and by whom. If there are problems the staff need to be able to explain what they are in a clear, concise and polite manner. Staff need to be able to give advise, but should take care not to instruct anyone or to favour one party over another. Applications to the Land Registry often occur at times of great importance in peoples lives; very often associated with the death of a relative. Staff therefore need to be sympathetic, while at the same time ensuring that all the rules and procedures are followed. In many ways the applications desk is the most important part of a Land Registry, this is the part everyone sees, get it right and the rest should be easy. Get it wrong and no matter how good the back office there will always be a feeling that the Land Registry does not work properly.
3.2.4 MAPPING
In Zanzibar mapping is the responsibility of the Department of Surveys and Urban Planning and it is expected to remain this way in the immediate future. However, the introduction of a Survey Board, which will allow private surveyors to operate in Zanzibar, could mean that Land Registry mapping could eventually be privatised. As explained in 4.3 changes to parcels are made using the mutation form 5.2.44. The process is relatively complicated as first the applicant(s) has to propose how they wish to modify the land; by subdivision, amalgamation, or reparcelation; RL29 Application to Combine/Subdivide/Reparcel. A. The Registrar then sends two copies the Mutation forms RL44 to the Director of Surveyor and Urban Planning requesting that he should review the proposed mutation. The DoDLR appoints a surveyor, who meets with all concerned and makes a preliminary survey of the proposed changes. The Surveyor has the mutation forms signed by all present. The surveyor the sends the Mutation forms, along with his survey, to the Director of Surveys and Urban Planning. The DDoSUP reviews in and sends both forms to the Registrar of Lands.
B. C.
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D.
E.
The Registrar reviews the plans and contacts the applicant to see if s/he wishes to continue with the mutation. The Registrar then advises the DDoSUP whether to proceed with mutation of the map, or whether the proposal has been abandoned, by sending both copies back to the DDoSUP. If the map is mutated the DDoSUP orders the Land Registry Map to be changed. He then sends a copy of the modified section along with one copy of the fully completed mutation form back to the Registrar for filing in the Land Registry, the other copy being retained in the DoSUP for reference.
It is very important to understand that the Land Registry controls all mutations, even though the Land Registry Map is held by DoSUP. Modifications to the Land Registry Map are only made on the instructions of the Registrar of Lands.
3.2.5 DATA MANAGEMENT

Zanzibar is currently at a crossroads regarding data management. The current Registered Land Act was written at a time when it was envisaged that the Land Registry, including the maps, would be held on paper. At the time of writing, late 2008, the only viable method of producing and maintaining the Land Registry Maps is digitally, on GIS or CAD. But, while databases could be used to index and manage the registers, very few people would feel comfortable having a purely digital land registration system. For the foreseeable future it is envisaged that the registers and most other documents will be held in paper, but with the key information also held on a database. This approach will allow for rapid searches of Land Registry data, while maintaining the perceived additional security of a paper based system. With maps the system would be to maintain the data on a GIS or CAD, but to produce paper copies of parts as necessary. A consequence of having both a paper and digital system is that both systems will need to be managed and maintained. Ideally the paper system should be housed in a fire, vermin and mould-proof environment, i.e. a purpose built air-conditioned vault. Ideal though this may be, it is simply not going to happen, at least in the foreseeable future. More realistically all documents should be housed in fireproof metal cabinets, raised off the ground to inhibit mould and termites, and housed in a secure building with an automatic dry fire protection system (wet systems, like sprinklers can cause as much damage as fire. The digital data should be held on computers that are protected by an up to date and effective virus protection programme. Data should be backed up at least every week with the backup being held in a secure location away from the main data. Jay do you want to add/edit this?
3.3 EQUIPMENT
A Land Registry is basically an office used to store and process land information documents. If the map production and modification is done elsewhere (DoSUP) then the equipment needed is nothing more than any other office that would process and hold important documents, namely a vault or at least fire proof filing cabinets, stores for paper and stationery, computers for holding data and modifying records, printers, photocopier etc.
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3.3.1 OFFICE LAYOUT

The layout of the office depends largely on the building occupied, but certain aspects of the layout are vital. First and foremost there must be a clear separation of the pubic from the back office and in particular the Registers. The best approach is to have one room to which the public have free access. In this room is the applications desk, where all applications are received. If the applicant has a confidential matter there should be a separate room, or at least a screened area where applicants can talk in confidence with officers. The back office should be closed to everyone except the people working in the office; this may cause some problems at first, as most people think they can go anywhere in government offices, but it needs to be enforced. Then the Registers, parcel files, mutation forms and register of powers of attorney need to be in a separate secure room to which only selected officers have access.
3.3.2 DOCUMENT STORE

In an ideal world all documents should be held in a vault, which will be climate controlled, and proof against vermin, decay, theft and fire. But the current land administration environment in Zanzibar is far from ideal. A realistic objective here would be to have a secure office, within which there should be fireproof filing cabinets and cupboards. The installation of an automatic fire detection and control system is highly desirable, but this should be a dry system, as a wet (water) system will cause more problems than it will solve. The document store should be completely separate from the public and access should be controlled by the Registrar of Lands or his deputy.
3.3.3 APPLICATIONS DESK

As mentioned above the applications desk should be where the public interfaces with the Land Registry staff. The applications desk needs to have sufficient space for people to wait in comfort. The desk should allow people to make applications and talk to the Land Registry staff in confidence.
3.3.4 MAP STORE

As Zanzibar moves from paper to digital mapping the nature of the map store is problematic. In an old paper system the Land Registry maps would have been held on plastic sheeting, and if copies of all or part were needed they would be produced on a blueprint machine. Today the maps are available as digital images and blocks or parcels can be printed off at will.
3.3.5 ICT
Jay
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4 MODIFYING THE REGISTER

As well as holding registers the Land Registry is responsible for modifying the registers. Changes to the registers can only be made if there has been an application on the correct form (instrument) and the modification has been approved by the Registrar of Lands. There are three main types of change: Change of proprietor of a righ Creation and removal of a right, and Creation and removal of a parcel.
4.1 CHANGE OF PROPRIETOR

Every right has to have an owner and if no other owner is found it is the state. The head right, Right of Occupancy, can be changed, subject to the approval of government. For other rights it may be possible to change the owner, depending on the agreement when the right was created. Changing the proprietor of a right uses the following forms: Right being transferred Transfer of Lands Transfer of Lease Transfer of Charge Transfer of Chargee in Exercise of Power of Sale Transfer of Profit Transfer of Undivided Share Transfer by Personal Representative to Person entitled under a will or an Intestacy RL Form RL01 RL02 RL03 RL04 RL05 RL06 RL07
All transfers have the following requirements: The parcel and right within the parcel need to be identified, by use of block and parcel IDs The transferee, that is the existing holder of the right has to be identified. The consideration (either money or benefit being given in exchange) needs to be clearly stated and its receipt acknowledged ( in effect the instrument acts as a receipt for the condideration). The transferor, the party receiving the right needs be identified along with their address.
In common with all instruments, the correct fees and taxes have to be paid, and the parties to the transaction have to be identified to the satisfaction of the Registrar of Lands. When a right is transferred the right remains exactly the same after transfer as before, except for the proprietor.
4.2 CREATING AND REMOVING A RIGHT

The legal theory in Zanzibar, as most other countries, is that the ultimate owner of land is the state. The main, or headright that can be owned by a party other than the Page 39 of 223
state is the Right of Occupancy (RoO). A party who owns a RoO on a parcel to which there are no other rights, has the right to do almost whatever he wants with the land. His right includes the right to create and transfer lesser rights. Thus a RoO owner may lease his land, by creating a leasehold interest, which gives the tenant the right to occupy the land for a fixed period, in exchange for the payment of rent. Equally he may create an easement over his land in favour of another parcel, or use the land as collateral for a loan, by granting a charge over the land. If a right can be created out of a headright, it is also possible to remove a right. So the owner of the RoO can buy a leasehold interest on the same land, and request that the lease is removed. Similarly he can pay off a charge secured against his land, or buy back an easement. By taking these actions the holder of the headright (RoO) can strengthen his position and may eventually hold the right free of all other subrights. Often the process of adding a right to an existing RoO can increase the value of the RoO, because a RoO free of all other rights is worth more than both the RoO, subject to a lease, and the lease combined. This increase in value is what is called marriage value. Right being created Lease/Sub-Lease Charge Grant of Easement Grant of Profit Right being removed Discharge of Charge Surrender of Lease Release of Profit, Easement or Restrictive Agreement RL Form RL08.doc RL09.doc RL15.doc RL16.doc RL Form RL11.doc RL14.doc RL17.doc
4.3 CREATING AND RETIRING PARCELS

The parcels created by first registration, either by grant or adjudication are not fixed. New parcels can be created by subdividing or amalgamating existing parcels. And when this happens the old parcels are said to be retired. In Land Administration systems parcels are never destroyed or completely removed from the system, but are rather retired from active service and moved into the background. This system means that the unique parcel identifier (block and parcel number) are only used once. When a parcel is retired and a new parcel created the new parcel is given the next available number. So if parcels 57 is subdivided into three new parcels then if the last parcel in the block is say parcel 121, then the new parcels will be named 122, 123 and 124. A similar process happens with amalgamation. But in this case the two or more parcels are jointed together to produce one new parcel. With reparcellation several contiguous parcels may have their boundaries redefined to produce a better distribution of land for the proprietors. The same RL29 form is used for subdivision, amalgamation and reparcellation. As these processes involve changes to the Registry Map, the Registrar also has to make a request to the Director DoSUP to change the map, using a mutation form and following the process in section 3.1.6.
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5 FORMS
Form LR 1 LR 2 RL 1 RL 2 RL 3 RL 4 RL 5 RL 6 RL 7 RL 8 RL 9 RL10 RL11 RL12 RL13 RL14 RL15 RL16 RL17 RL18 RL19 RL20 RL21 RL22 RL23 RL24 RL25 RL26 RL27 RL28 RL29 RL30 RL31 RL32 RL33 RL34 RL35 RL36 RL37 RL38 RL39 RL40 RL41 RL42 RL43 RL44 RL45 Name Register RoO Register Lease Transfer of Lands Transfer of Lease Transfer of Charge Transfer of Chargee in Exercise of Power of Sale Transfer of Profit Transfer of Undivided Share Transfer by Personal Representative to Person entitled under a will or an Intestacy Lease/Sub-Lease Charge Charge (BY Court Order) Discharge of Charge Discharge of Charge (By Court Order) Variation of Charge (By Court Order) Surrender of Lease Grant of Easement Grant of Profit Release of Profit, Easement or Restrictive Agreement Severance of Joint Proprietorship Application for Partition Power of Attorney Power of Attorney (Bank) Notice of Revocation of a Power of Attorney Application to be registered as Proprietor by Transmission Caution Notice of Intention to Appeal to the High Court Application to Inspect the Register Application for Certified Copy Application for Official Search Application to Combine/Subdivide/Reparcel Application Land Certificate/ Certificate of Lease Conversion of Title Withdrawal of Caution Deletion on Death of Joint Proprietor Rectification of Register Variation of Charge Dedication Order of Grant (Full Right of Occupancy) Surveying Job Application Restriction Restriction Removal Request to Remove Caution Request to Remove Restriction Transfer of trees Mutation Form Land Certificate Hyperlink REGISTER RoO REGISTER2 Lease RL01 RL02 RL03 RL04 RL05 RL06 RL07 RL08 RL09 RL10 RL11 RL12 RL13 RL14 RL15 RL16 RL17 RL18 RL19 RL20 RL22 RL23 RL24 RL25 RL26 RL27 RL28 RL29 RL30 RL31 RL32 RL33 RL34 RL35 RL36 RL37 RL38 RL39 RL40 RL41 RL42 RL43 RL44 RL45
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5.1 REGISTERS
The Register is the primary document in the Land Registry. Each parcel has a headright, a Right of Occupancy, and it is this, that is recorded in the main Register. Under the current system a leasehold interest results in a new sub-register being opened under the head-right. In a title system ownership (proprietorship) of rights is based on what is written in the Register. It is the responsibility of the Registrar of Lands to ensure that the Register is maintained and modifications are only made if the appropriate forms, evidence and fees have been submitted. Example: Any transaction that is not recorded is not illegal, but it will not be protected by the State. So A is the Registered Proprietor of parcel 57. He sells his interest to B, but neither A nor B record the fact in the Registry. Later A sells the same interest to C. This time A and C register the transfer. The Registrar of Lands now modifies the Register (registers the change of ownership), cancelling A as proprietor and replacing him with C. B then tries to sell parcel 57 to D. D checks the Register and sees that C is the registered proprietor. He therefore cancels the transaction with B. What is Bs position? Answer: The contract between A and B was personal and as it was never registered the legal interest in parcel 57 never passed from A to B. So while B may have a contract for parcel 57 he is not the legal owner. In contrast the contract between A and C was registered and the title of parcel 57 passed from A to C, with the Registrar of Lands recording the fact in the Register. C is therefore now the registered proprietor of parcel 57. C has no legal title to parcel 57 but he does have a contract for sale with A, which has been breached. C can therefore take A to court to recover the money paid, but this is only worth doing if A has assets which the Court can use to recover the money paid by C. At the time of writing an ISO standard was being produced know as the Land Administration Domain Model (LADM). The LADM had two main objectives: a. Not to have to re-invent the wheel each time a land administration system is developed and computerised, and b. To allow land administration users within and between counties to communicate by sharing the same ontology (classification) and language. The LADM, Figure 7, has three main components: RegisterObject (Parcel); RRR (Rights, Restrictions and Responsibilities) and Person (Properietor/owner of a right). What this model shows is that there is no direct relationship between a person and RegisterObject (Parcel), the relationship is only through the RRR. In other words a person does not own a parcel, but rather own a particular right to a parcel.
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Figure 7 LADM Core Components
It is important that Zanzibar monitors progress on LADM, as the information coming from this work may be used to help develop the cadastral systems. The Land Register should be thought of as being equivalent to part of the Ownership Folio, the other parts being the Demarcation Map and the Parcel files.
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5.1.1 LR 1 REGISTER RIGHT OF OCCUPANCY

The Right of Occupancy Register is where the details of the head-right are recorded. At the top left of the Register is Edition and Opened. When the land is first registered the Edition is always Edition 1 and the date opened is the date of first registration. But over time the Register may become full or, in a paper system, worn out. The Registrar may open new editions of the Register. The rest of the Register is divided into three sections: A. Property Section B. Proprietor Section, and C. Incumbrances Section
5.1.1.1
A Property Section
This section describes the property, its location, the rights held, and any appurtances (rights held over other parcels that benefit this parcel). State/Private: While all land is regarded as being public, here the aim is to distinguish whether it is in direct State control, or whether a private person has a head-right (RoO). Origin of Title: First Registration: How was it first registered? Adjudication or Grant of RoO? Mutation Number: If the parcel was created by the subdivision or amalgamation of other parcels then there would be a mutation recorded by a mutation number. Location Registration Section: When land is adjudicated the Minster first creates Adjudication Areas (Pemba and Unguja). The Adjudication Officers then subdivide these Areas into Adjudication Sections. After adjudication these Adjudication Sections become Registration Sections. Block No: The island is divided into Blocks. These should be based on the map sheet referencing system, where each block is named after the coordinates of the south-west (bottom-right) corner. Over most of the island the 1:2,500 map sheets are used, each sheet being the equivalent of 2km by 1km on the ground, Figure 8. But in very dense areas, such as Stone Town, reference is made to the 1:500 maps sheets which cover an area equivalent to 500m by 250m, Figure 9.
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Figure 8 1:2,500 map sheet522-9314 for Mbweni
Figure 9 1:500 map sheet 2050-1990 for Stone Town
Parcel No: Each parcel is given a number. At time of first registration this should be a sequential number. [Ari we need a way of numbering parcels sequentially] Approximate area: This is determined by the GIS.
5.1.1.2
B Proprietor Section
The Proprietor Section gives information on the proprietor (owner) of the head-right) with references to how they came to be proprietor and their address. Confirmation that the changes are authorise are given by the Registrar of Lands signature.
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Entry no: Each entry on each Land Register is given a sequential number. Thus several lines can be used for any one entry, especially where a property right is jointly owned. Date: Simply the date the entry was made. Instrument no: Modifications to the Land Register are made by the submission of the appropriate Land Registry form, know also as an instrument. Each instrument is filed sequentially in the Applications Book and given a number. It is this instrument number that is referenced here. Name and address of proprietor(s): This apparently simple piece of information can, in reality, be very complex. Swahili names are mainly based on Arabic names with a person having a given name, followed by their fathers name and grandfathers name; the number of basic names being relatively small, and with people often being named after a grandparent. In addition spelling is not standardised, so Mohamed can also be spelt Mahamed, Mmed, or Hamed. During the adjudication an attempt was made to limit the confusion by using the Zanzibar National ID card number. This is a 10 digit number on every national ID card. But here there are two problems, first not everyone has an ID card, and second, it is not clear whether the same number will be used when the ID card runs out; they are only meant to last for 10 years. With addresses there is no street and house naming system in Zanzibar, and large numbers live in temporary accommodation. Many people do not have their own post office box and simply use the nearest post office; not at all a secure system. Signature of registrar: This is fairly straightforward, but it is recommended that the Registrar uses a fountain pen, using a permanent ink in an unusual colour (green, turquoise etc). This is a simple step that can help to prevent forgeries.
5.1.1.3
C Incumbrances Section
Incumbrances are things that limit the right of the head-right holder to use, occupy or transfer the land. There are four main types of incumbrance: Where a right to use an interest in a parcel has been granted to another. The most common being the granting of a lease. Where another parcel has been granted some right over part of the parcel or a produce from the parcel. The most common former case is an easement or right of way. The latter is rarer, but the right to graze cattle or cut firewood are examples. The third type is using the land as security for a loan; a charge. The charge is registered as debt against the land and is redeemable even if the land is sold to a third party. The fourth type is a legal notice limiting or preventing any dealings with the land. These are know as Cautions and Restrictions.
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Register for Right of Occupancy Blank

The Register is the main document in the Registry. Each parcel has one Register for the head right (Right of Interest), although over time there may be several editions, as a new edition is created when the old one becomes full. The Register is the main (only) reference document regarding property rights. Its creation, maintenance and storage have to be taken seriously. At some stage in the future the Land Register may become totally digital, but this is unlikely to happen in the foreseeable future. Until it does happen care must be taken to ensure that fraudulent copies of the LR cannot be made, and once made the LR remains legible until it is replaced. Both requirements require that the LR is produced on high quality paper, preferably security paper; paper that contains a watermark or some other security measure that prevents copying. Registers for RoO are divided into three sections: A. Property B. Proprietor, and C. Incumbrances A Property A Property describes the nature of the title, firstly whether it State or Private; under the Land Tenure Act all land is Public, but the head right can be held either by the State or Privately. The origin of title has two sections. If the origin is first registration there are two options: 1. Adjudication, and 2. Registration of a Grant of Right of Occupancy Alternatively the title may have been created by mutation of one or more parcels, either by subdivision or amalgamation. In this case there would be an adjudication number. The right hand side of the form gives location information. Registration Section is a subset of Registration Area (either Unguja or Pemba) and Registration Sections are determined by the Adjudication Officer. Block Number is based on the map sheet reference number, which is based on the south-west (bottom-right) coordinate of the map sheet. Two different map sheets, and hence block systems are used, depending on the density of development and hence parcels. Over most of the country the 1:2,500 series is used. These blocks cover an area on the ground of 1km by 2km. But in Stone Town each map sheet covers only 250m by 500m.
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Figure 10 1:2,500 Map Sheet, Mbweni
Figure 11 1:500 Map Sheet, Stone Town
Within each block parcels are initially numbered sequentially, the usual convention being from left to right. But after first registration new parcels are created by the mutation of old parcels, with the new parcels being given the next available number; so if parcel 57 is subdivided into two new parcels, and the last parcel in the block is parcel 209, the new parcels will be parcels 210 and 211. Under this system parcels are never destroyed or removed, but rather they are retired, and still exist in the background. The approximate area is derived from the GIS. It should be understood that the measured area of a parcel is always approximate, no matter how precise the survey of the boundaries is. All measurement contains errors, and surveying is no different, so any measure of area is always subject to certain errors. The middle part of the Property Section is Appurtances. These are rights over other properties that run with or are attached to this parcel. The most common one being a right of way or easement over another parcel, but other rights also exist, such as the right to collect fuelwood, graze cattle, or the right to prevent the proprietor of the other parcels building, or building above a certain height. Of cause any appurtenance on one parcel is an incumbrance (restriction) on another parcel. B Proprietor The Proprietor Section lists who is/are the current proprietor(s) of the head right to the parcel, how they obtained this right, and by inference, how previous proprietors stopped holding their rights. For each parcel the Proprietor Rights are numbered sequentially, starting with 1, being the right created on First Registration. Date is the date the right was created, which for all subsequent dealings is the date the instrument was recorded in the applications book. The instrument is the name given to the Land Registry form used to transfer or create a right. Each instrument is given a sequential number which is based on the order it is entered in the Applications Book. In general instruments registered earlier have priority, but where instruments are delivered on the same day, or very close together may result in the Registrar refusing to register them until he has determined the rights of the parties submitting the different instruments (RLA
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S42). The Name and Address of the Proprietor should be simple, but is NOT. Most Swahili names are based on Arabic names and there are different ways of spelling the same name; Mohamed, Muhamed, Hamed, Mhamed. SMOLE had proposed the use of the national ID card number to avoid confusion, but it was found that many people either did not have an ID card, or refused to use it. Similarly with addresses. There is no systematic street and house naming and numbering system in Zanzibar, and many people do not have a post office box. The Registrar of Lands needs to develop a system that will unequivocally define the proprietor, maybe by the use of data of birth and birth place in addition to name. The signature of the Registrar of Lands is proof that he has checked and endorsed the changes. It is recommended that the RoL sign using indelible ink in an unusual colour (Green, Purple, Turquoise) this may not be a high level security system, but at least it stops people making simple photocopies and claiming them to be originals. When entries are deleted (retired) the proprietors name should be struck through, usually with red ink, and the date of deletion recorded along with the initial of the RoL. C Incumbrances Incumbrances are restrictions on the right of the head right holder to use and trade the land freely. These restrictions may have several orignins: 1. Voluntary restrictions due to transfer of occupancy rights; leases. 2. Voluntary restrictions created by agreement with other parcel proprietors to give them rights over the subject property, either following payment, or because of reciprocal agreements (where one Parcel is granted a RoW over the subject property while the subject property gets a similar right over the other parcel). 3. Voluntary restrictions resulting from the use of the property rights over a parcel as security for a loan; Charge. 4. Involuntary restriction, where another, who claims either an interest in land, or wishes to ensure the proprietor of the subject property does not dispose of assets which may be ceased following court action; cautions or restrictions. These incumbrances are used to alert prospective purchasers that others have interests in the land, and if it is purchased the rights of these others have priority over that of the prospective purchaser.
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Edition
Zanzibar
LAND REGISTER Right of Occupancy
Opened :
State/Private
Nature of Title: Right Of Occupancy Origin of Title
First Registration: Mutation No :
A- Property Section
Appurtenances
Registration Section:.. Block No Parcel
:.
::.
Approximate Area sq m
B- Proprietor Section
Entry No Date INSTRUMENT No NAME AND ADDRESS OF PROPRIETOR(S) SIGNATURE OF REGISTRAR
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C- Incumbrances Section
Entry No Date INSTRUMENT No NATURE OF INCUMBRANCE FURTHER PARTICULARS SIGNATURE OF REGISTRAR
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Land Register for Right of Occupancy Example
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Edition
: 1
Zanzibar
LAND REGISTER Right of Occupancy
Opened : 28th June 2008

State/Private
Nature of Title: Right Of Occupancy Origin of Title
First Registration: 28th June 2008 Mutation No :
A- Property Section
Appurtenances
Easement over 2050-1900/25
Registration Section: Unguja.. Block No Parcel

: 2050/1900.
: 23.
Approximate Area 2500 sq m
Entry No
`1 2 3
Date
28/6/2008 29/6/2008 2/7/2008
INSTRUMENT No
Adj 23 2345
NAME AND ADDRESS OF PROPRIETOR(S)

Duchi Mohamed Kasim (01234568) Ali Mohameed Ali Id 123456 Any Town, Pemba Mohamed Kasim Ali
SIGNATURE OF REGISTRAR
Kasim Ali Kasim Kasim Ali Kasim Kasim Ali Kasim
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Entry No
1
Date
25 Sept 2008 25 Sept 2008 1st Dec 2008 1st Dec 2008
INSTRUMENT No
2450
NATURE OF INCUMBRANCE
Charge
FURTHER PARTICULARS
Charge in favour of Bank of Stone Town for TZS 50,000,000 repayable by 24 September 2028 at an interest rate of 15% per year, fixed No transactions on the parcel without the prior consent, in writing, of the Bank of Stone Town Removed following agreement from Bank of Stone Town 1st Dec 2008 Lease to Ibrahim Duchi Mohamed for a period of 10 years from 1st December 2008 at an initial rent of US$2,000 per year. No transactions on the parcel without the prior consent, in writing, of the Bank of Stone Town
Kasim Ali Kasim Kasim Ali Kasim Kasim Ali Kasim Kasim Ali Kasim
2451
Restriction
3002
Lease
3003
Restriction
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5.1.2 LR 2 LAND REGISTER LEASE

In many ways this is very similar to a Land Register for the head right. The main differences are: 1. The nature of the title is LEASEHOLD 2. The appurtenances section is replaced by details of the lease A useful convention is to print Leasehold Registers on coloured paper (RoO Registers are printed on White), usually light green or blue. If a parcel has more than one lease, at the same time, then new lease registers are opened for each one. Similarly if a leasehold interest is subject to a sublease, there will be a new lease register for each sub-lease, with the sub-lease recorded as an incumbrance on the head-lease.
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Edition
Zanzibar
LAND REGISTER LEASEHOLD INTEREST
Opened :
Nature of Title:
A- Property Section
Summary of Lease Lessor : . Lessee : . Rent : . Term: .from : .. For appurtenances see registered lease
Registration Section: Unguja... Block Parcel No Lease No
Approximate Area
:
: .
LEASEHOLD
: .
: sq m
Entry No Date INSTRUMENT No NAME AND ADDRESS OF PROPRIETOR(S) SIGNATURE OF REGISTRAR
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Entry No Date INSTRUMENT No NATURE OF INCUMBRANCE FURTHER PARTICULARS SIGNATURE OF REGISTRAR
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Edition
: 1
Zanzibar
LAND REGISTER LEASEHOLD INTEREST
Opened : 1st December 2008

Nature of Title:
A- Property Section
Summary of Lease Lessor : Mohamed Kasim Ali. Lessee : Ibrahim Duchi Mohamed. Rent : US$2,000 per year. Term: 10 years.from :1st December 2008.. For appurtenances see registered lease
Registration Section: Unguja... Block Parcel No Lease No
Approximate Area
: 2050/1900
: 23.
LEASEHOLD
: 1.
: 1000sq m
Entry No
1
Date
1/12/2008
INSTRUMENT No
3002
NAME AND ADDRESS OF PROPRIETOR(S)

Ibrahim Duchi Mohamed, ID123456789, PO Box 1234 Stone Town, Zanzibar
Kasim Ali Kasim
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Entry No
1
Date
1/12/2008
INSTRUMENT No
3004
NATURE OF INCUMBRANCE
Restriction
FURTHER PARTICULARS
Not transactions are permitted on this lease without the express permission, in writing, in advance, by the lessor. No transactions on the parcel without the prior consent, in writing, of the Bank of Stone Town
Kasim Ali Kasim Kasim Ali Kasim
1/12/2008
3005
Restriction
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5.2 INSTRUMENTS
As mentioned above all changes to Land Registers are effected by the use of instruments (appropriate forms). Over 40 forms have been developed for use in Zanzibar, based on actions that can be made under the Registered Land Act, the Land Tenure Act and other laws. But the reality is that ?? are likely to be used on a regular basis. These are: RL 1 RL 2 RL 8 RL 9 RL11 RL14 RL15 RL19 RL20 RL25 RL26 RL27 RL28 RL29 RL30 RL37 RL38 RL39 RL40 RL44 Transfer of Lands Transfer of Lease Lease/Sub-Lease Charge Discharge of Charge Surrender of Lease Grant of Easement Application for Partition Power of Attorney Notice of Intention to Appeal to the High Court Application to Inspect the Register Application for Certified Copy Application for Official Search Application to Combine/Subdivide/Reparcel Application Land Certificate/ Certificate of Lease Order of Grant (Full Right of Occupancy) Surveying Job Application Restriction (Application) Restriction (Application to Remove) Mutation Form RL01.doc RL02.doc RL08.doc RL09.doc RL11.doc RL14.doc RL15.doc RL19.doc RL20.doc RL25.doc RL26.doc RL27.doc RL28.doc RL29.doc RL30.doc RL37.doc RL38.doc
RL44.doc
General Requirement for all instruments: The RLA S112 requires, with certain exception that both parties to an agreement should executed the agreement. For natural persons this require signature and corporations, sealing or signature by authorised persons. S113 requires that the people executing an instrument should appear before the RoL or such public officer or other person prescribed (which means that if the instrument was executed out of Zanzibar, it should be endorsed by a judge, magistrate, justice of the peace, notary public or commissioner for oaths, if in the Commonwealth, or by a Tanzania or British consular official or pro-consul if not in a Commonwealth country, RLA S113(5). The relevant sections of the RLA are S111 to 116 inclusive: INSTRUMENT AND AGENTS Division 1 Instruments. 111.(1)
Form of instruments
Every disposition of land, a lease or a charge shall be effected by an instrument in the prescribed form or in such other form as the Registrar may in any particular case approve, and every person shall use a printed form issued by the Registrar unless the Registrar otherwise permits. Leases and charges shall be presented for registration in triplicate.
(2)
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(3)
Instruments shall contain/centain a true statement of the amount or value of the purchase price or loan or other consideration, if any, and an acknowledgement of the receipt of the consideration. Every instruments evidencing a disposition shall be executed by all person shown by the register to be proprietors of the interest effected and by all other parties to the instrument.
112.(1)
Provided that the Registrar may dispense with execution by any particular party (other than a donee under a disposion by way of gift) where he considers that such execution is unnecessary. (2) Subject to section 125(2) of this Act an instrument shall be deemed to have been executed only: (a) (b) by a natural person, if signed by him; by a corporation: (i) If sealed with the common seal of the corporation affixed thereto in the presence of land attested by its clerk, secretary or other permanent officer and by a member of the board of directors, council or other governing body of the corporation; or in the case of a corporation not required by law to have a common seal, if signed by such persons as are authorized in that behalf by any law or by the statutory/statute charter of the corporation or, in the absence of any expressed provision, by the person duly appointed in writing for that purpose by the corporation, evidence of which appointment has been produced to the satisfaction of the Registrar.
(ii)
Identify of the executor of instrument
113.(1)
Subject to the provision of subsection (3) of this section, a person who desires to execute an instrument or document shall appear before the Registrar or such public officer or other person as is prescribed and, unless he is know to the Registrar or such public officer or other person shall be accompanied by a credible witness for the purpose of establishing his identity. (2) The Registrar or public officer or other person shall satisfy himself as to the person appearing before him and shall ascertain whether he freely and voluntarily executed the instrument or document and shall complete a certificate to that effect. An instrument which is required to be executed by or on behalf of the Government shall be deemed to be executed when it has been signed by the Minister for the time being responsible for land affairs. The Registrar may with verification under this section:(a) if he considers that it cannot be obtained or can be obtained only with difficulty and he is otherwise satisfied that the document has been properly executed; or
(3)
(4)
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(b)
in cases in which to his knowledge the document has been properly executed,
and shall record on the document his reasons for dispensing with the appearance of the parties. (5) No instrument executed out of Zanzibar shall be registered unless it has endorsed thereon or attached thereto a certificate in the prescribed form completed: (a) if the instrument was executed in the commonwealth, by a judge, magistrate, justice of the peace, notary public or commissioner for oaths; if the instrument was executed in a foreign country other than a commonwealth country by a Tanzania or British consular official or pro-consul or other person or class of persons prescribed.
(b)
Stamp duty
114. 115.(1)
No instrument required by law to be stamped shall be accepted for registration unless it is duly stamped. Subject to subsection (2) of this section and to section 117(2) of this Act, all instruments accepted by the Registrar shall be retained in the registry for as long as they support a current entry in the register and for six years thereafter. When a lease or charge is registered, particulars of registration shall be noted on the duplicate and triplicate thereof, and the duplicate and triplicate shall be returned to the person who presented them. Six years or more after an entry in the register has been superseded super seded or has ceased to have effect, the Registrar may destroy any instrument which supported that entry. For the avoidance of doubt, it is hereby declared that the name of a person under the age of eighteen years may be entered in the register either on first registration or as a transferee or on transmission. Nothing in this section enable any such person to deal with land or any interest in land by virtue of such registration, and, where to his knowledge a minor is registered, the Registrar shall enter a restriction accordingly. A minor or any person representing a minor who applies to register any disposition of land or any interest in land shall state in such application particulars of age and date of birth of the said minor;
Disposal of instruments
(2)
(3)
Minors
116.(1)
(2)
(3)
Provided that where a disposition by a minor whose minority has nor been disclosed to the Registrar has been registered, such disposition may not be set aside only on the grounds of minority. A simplified summary of the requirements for submission of instruments being given in Figure 12.
Page 63 of 223
act submitting Instruments Application submitted
Reject Application
[Not on Prescribed Form] Rejected [On Prescribed form]
[Lease or charge] Not in Triplicate
[Not Lease or Charge]
[In Triplicate]
[Consideration or receipt missing]
[Consideration and receipt]
Not signed as required [Signed by Minister] Sealed [Signed by authorised officer]
[No]
Not signed by officer
[Signed by natural person]
Signed by Official Not signed by Gov Body Signed Governing Body
Applicant cannot be verified Has credible witness
[Not Known] Known by RoL
Stamp Duty Paid
LR Fees Paid
ApplicationAccepted
Figure 12 Simplified summary of requirements for submission of instruments.
The rules about submitting instruments apply to all, other than those made unilaterally, when of course no second party is involved. In general the identification Page 64 of 223
and verification of applicants is dealt with by the Certificate of Identification which is always printed on the reverse of every instrument.
Page 65 of 223
5.2.1 RL 1 TRANSFER OF LANDS RL01.DOC

Transfer of Lands or more correctly Transfer of Right of Occupancy, is what in freehold systems would be use for the sale of land (more correctly the sale of a freehold interest in land). The essential requirements behind a transfer of land is that the transferee (seller) hold the right to sell the land (RoO) [minors are not permitted to deal in land themselves, and if the RoL knows land is registered to a minor he should enter a restriction on the land (RLA S116(2)). The purchaser has the right to hold land. Only Zanzibaris can hold land (LTA s57) and any non-Zanzibari holding land may have his RoO terminated by the Minister. The holder of an interest [RoO] shall be over eighteen years of age, unless special provisions have been made (LTA S(1)(a). There is a consideration for the transfer. Considerations are sometime thought of as being the same as value, but this is not always the case. Transfer of rights between family members will often be made for less than the full open market value of land. While the consideration may be something other than money; a common consideration being that only property right is swapped for another. The RLA S111(3) states Instruments shall contain a true statement of the amount or value of the purchase price or loan or other consideration, if any, and an acknowledgement of the receipt of the consideration. What this appears to imply is that the amount of the consideration should be truthful, not that the consideration should be the open market value of the interest.
Page 66 of 223
FORM RL 1
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 Transfer of Land

ISLAND __________________
I/WE
BLOCK
PARCEL
_____________ _____________
In consideration of
(The receipt of which is hereby acknowledged) HEREBY TRANSFER To .. Of ..
the land comprised in the above mentioned title. *The Transferees hereby declare that they hold the land as proprietors in common in the following undivided shares:(or as Joint Proprietors) Dated this Signed by the Transferor day of 200
.................................................................
in the presence of:-........................................................ Signed by the Transferee in the presence of:....................................................................
.................................................................... FOR OFFICIAL USE ONLY
I, the Registrar of Lands in Zanzibar hereby certify that this document was received by me for registration on the....... day of ...................... 200.......and that stamp duty assessed/adjudicated by me/Treasury at TZS.......................and Land Registry fees at TZS................relating thereto have been paid. REGISTERED this day of 200
.. REGISTRAR OF LANDS Zanzibar
Page 67 of 223
CERTIFICATE OF IDENTIFICATION
Name.................................................................................... I HEREBY CERTIFY that the above named ........................appeared before me on the............day of..................................200.......and being identified by* ........................................................ (or being known to me) acknowledged the above signature or mark to be his/theirs and that he/they had freely and voluntarily executed this instrument and understood its contents. .......................................................................... Signature and designation of the person certifying Name.................................................................................... I HEREBY CERTIFY that the above named ........................appeared before me on the............day of..................................200.......and being identified by* ........................................................ (or being known to me) acknowledged the above signature or mark to be his/theirs and that he/they had freely and voluntarily executed this instrument and understood its contents. .......................................................................... Signature and designation of the person certifying Name.................................................................................... I HEREBY CERTIFY that the above named ........................appeared before me on the............day of..................................200.......and being identified by* ........................................................ (or being known to me) acknowledged the above signature or mark to be his/theirs and that he/they had freely and voluntarily executed this instrument and understood its contents. .......................................................................... Signature and designation of the person certifying Name.................................................................................... I HEREBY CERTIFY that the above named ........................appeared before me on the............day of..................................200.......and being identified by* ........................................................ (or being known to me) acknowledged the above signature or mark to be his/theirs and that he/they had freely and voluntarily executed this instrument and understood its contents. .......................................................................... Signature and designation of the person certifying
Page 68 of 223
5.2.2 RL 2 TRANSFER OF LEASE RL02.DOC

The LTA S47 (3) states Lease of public land shall not be sold, assigned, sub-leased or subdivided but shall be inheritable. Despite this there are numerous cases where land has been leased to one person and is now occupied and apparently assigned to another, with considerable sums being paid for the assignment. This situation produces a dilemma. Should the RoL comply with the LTA and refuse any request to transfer a lease; to do so would put the information in the Land Registry in conflict with the reality on the ground. Or should the RoL register a transaction which is not permitted by the LTA? This is a question that the RoL should raise with the Minister as soon as possible.
Page 69 of 223
FORM RL 2
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 Transfer of Lease

REGISTRATION SECTION __________________
I/WE
ISLAND ______
BLOCK _____
PARCEL ______
In consideration of
(The receipt of which is hereby acknowledged) HEREBY TRANSFER To .. Of ..
the leasehold interest comprised in the above-mentioned title. *The Transferees hereby declare that they hold the land as proprietors in common in the following undivided shares:(or as Joint Proprietors) Dated this Signed by the Transferor day of 200
....................................................................
Page 70 of 223
Page 71 of 223
5.2.3 RL 3 TRANSFER OF CHARGE
RL03.DOC
A transfer of charge is to move a charge from one lender (chargee) to another, assuming that the Minister has prescribed that person under RLA S65, otherwise the charge cannot be registered, and therefore is not protected by the RLA. At time of writing, October 2008, there is no registered land and therefore no registered charges.
Page 72 of 223
FORM RL 3
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 Transfer of Charge

I/WE
ISLAND ______
BLOCK _____
PARCEL ______
In consideration of
(The receipt of which is hereby acknowledged) HEREBY TRANSFER To .. Of .. the charge shown as entry number in the incumbrances section of the register relating to the above mentioned title. The Transferor hereby declares that the amount of the principle and interest owing by the charger at the date hereof is: .. (And the Chargor hereby acknowledges that this is the amount due and owing by him)*. Dated this Signed by the Transferor day of 200
.....................................................................
in the presence of:-........................................................ Signed by the Transferee in the presence of:Signed by the Chargor
*
....................................................................
Page 73 of 223
Page 74 of 223
5.2.4 RL 4 TRANSFER OF CHARGEE IN EXERCISE OF POWER OF SALE RL04.DOC
Page 75 of 223
FORM RL 4
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 Transfer by Chargee in Exercise of Power of Sale
I/WE
ISLAND ______
BLOCK _____
PARCEL ______
Having exercised the power of sale conferred upon me/us by the charge shown as entry number in the incumbrances section of the register relating to the above mentioned title. The Transferor hereby declares that the amount of the principle and interest owing by the charger at the date hereof is: .. (And the Chargor hereby acknowledges that this is the amount due and owing by him)*. Dated this Signed by the Transferor day of 200
.....................................................................
....................................................................
Signed by the Chargor* FOR OFFICIAL USE ONLY

Page 76 of 223
Page 77 of 223
5.2.5 RL 5 TRANSFER OF PROFIT
RL05.DOC
A profit is the right to take something of value (a profit) from land. This right can be held without having to hold a right to any other land. And it can be transferred from one right holder to another.
Page 78 of 223
FORM RL 5
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 Transfer OF PROFIT

I/WE
BLOCK ______
PARCEL ______
_____
In consideration of (the receipt whereof is hereby acknowledged)HEREBY TRANSFERE to of the profit shown as entry number in the incumberances section of the register relating to the above mentioned title. *The transferees declare that they hold the profit as proprietors in common in the following undivided shares:(or Joint Proprietors)
Dated this Signed by the Transferor
day of
200
....................................................................
....................................................................
*Delete if not applicable
FOR OFFICIAL USE ONLY

Page 79 of 223
Page 80 of 223
5.2.6 RL 6 TRANSFER OF UNDIVIDED SHARE
RL06.DOC
Land can be held in common, which means that two or more persons can hold land, with each having a share. The total value of their shares equalling to 1 (the whole). When land is held in this way it is regarded as being held in undivided shares. This means that while each person owns a share, that person has no right over any specific part of the whole; the share is undivided. An undivided share can be transferred (sold) or inherited, subject to consent of the other proprietors in common RLA S103(2). It should be understood that holding land in common is very different from holding land as joint tenants. Where land is owned jointly every joint tenant owns the whole together with the others, joint tenants cannot transfer their interests, and when a joint tenant dies their interest goes to the other joint tenants, until ultimately there is only on owner. However, joint tenants may agree to sever their joint tenancy and create a tenancy in common.
Page 81 of 223
FORM RL 6
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 TRANSFER OF UNDIVIDED SHARE

I/WE
BLOCK ______
PARCEL ______
_____
In consideration of (the receipt whereof is hereby acknowledged)HEREBY TRANSFERE to of my/our undivided share(s) (respectively) in the abovementioned title. *The transferees declare that they hold the combine/undivided share(s)as proprietors in common in the following undivided shares:(or Joint Proprietors) I/WE the remaining proprietor (s) of the interest comprised in the above-mentioned title hereby consent to tis transfer. Dated this day of 200
Signed by the Transferor................................................................... in the presence of:-........................................................ Signed by the Transferee in the presence of:....................................................................
....................................................................
*Delete if not applicable FOR OFFICIAL USE ONLY

Page 82 of 223
Page 83 of 223
5.2.7 RL 7 TRANSFER BY PERSONAL REPRESENTATIVE TO PERSON ENTITLED UNDER A WILL OR AN INTESTACY RL07.DOC
When a person dies their interest in land first passes to their personal representative. The PR is either appointed by the deceased in their will, or by the courts. The PR then divides the deceased estate either according to their will, or the laws of inheritance, or perhaps both. In doing so s/he transfers land rights from the deceased to the beneficiaries (persons entitled). Where the right cannot be physically subdivided, either because if is physically impossible, as is the case with an apartment, or because the law will not permit, because it would make the parcel smaller than is permitted by law, the PR can simply grant each beneficiary an undivided share, as a Tenant in Common.
Page 84 of 223
FORM RL 7
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 TRANSFER BY PERSONAL REPRESENTATIVE TO PERSON ENTITLED UNDER AWILL OR ON AN INTESTACY
I/WE
BLOCK ______
PARCEL ______
_____
as personal representative of deceased HEREBY TRANSFER TO
of (Being the person entitled thereto under the Will or on the intestacy of the deceased) to the interest of the deceased comprised in the register relating to the above-mentioned title. *The transferees declare that they hold that interest as proprietors in common in the following shares:(or Joint Proprietors)
Dated this
day of
200
Signed by the Transferor................................................................... in the presence of:-........................................................ Signed by the Transferee in the presence of:....................................................................
....................................................................

Page 85 of 223
Page 86 of 223
5.2.8 RL 8 LEASE/SUB-LEASE
RL08.DOC
Only leases with a guaranteed minimum period of at least two years can be registered, (RLA S47), but the LTA S69(1) states The following written Laws and portion of Laws are hereby repealed; (a) Registration of Land interests, as set out in the Registered Land act of 1989, so far as it requires leases over two years to be registered; What this means is unclear. Does it mean that no lease needs to be registered? Probably not at LTA S 54 states (1) A lease to a right of occupancy shall be registered. So does it mean that leases of public land made by the Minister shall not be registered, or need not be registered? There appears to be no prohibition on registering leases created over public land, so the interpretation is that the RoL may register rights over public land if so requested. The logical approach would be to register all leases made by the Minister, plus all leases of Rights of Occupancy, using forms RL02.
Page 87 of 223
FORM RL 8
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 LEASE/SUB-LEASE

I/WE
BLOCK ______
PARCEL ______
_____
HEREBY LEASE/SUB-LEASE to Of the land comprised in the above-mentioned title (or) that portion of land comprised in the above-mentioned title which is shown on the registry map as parcel number ..or on the filed plan as number day of ..for the term of from the 1st month at the rent of payable ,subject to sections 52 to 53 of the above law, unless hereby negatived, modified or added to (Here set forth any variation, or make reference to an attached document). as personal representative of deceased HEREBY TRANSFER TO *The Leasses declare that they hold the lease as proprietors in common in the following undivided shares:(or Joint Proprietors) Dated this day of 200
Signed by the Lessor................................................................... in the presence of:-........................................................ Signed by the Lessee in the presence of:.................................................................... .................................................................... FOR OFFICIAL USE ONLY
Page 88 of 223
Page 89 of 223
5.2.9 RL 9 CHARGE
RL09.DOC
The RLA S63 on provides for proprietors to use land rights as security for loans by what is know as a Charge. The Minister may prescribe who or which institutions may loan money as a charge, but if none are prescribe then the only charges that can be registered are those in favour of a housing, agricultural or other bank established in Zanzibar.
Page 90 of 223
FORM RL9
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 CHARGE

I/WE
BLOCK ______
PARCEL ______
_____
HEREBY CHARGE my/our interest in the above-mentioned title or the charge shown as entry number ..in the incumbrances sections of the register relating to the above-mentioned title to secure the payment to of of the principal sum of with interest at the rat of per centum annum payable subject to section 67 of the above law, unless hereby negativated, modified or added to (Here set forth any variation, or make reference to an attached document). The principal sum shall be repaid on the together with any interest then due. day of 200
And I/WE the above named Chargor(s) hereby acknowledge that we understand the effect of section 73 of the Registered Land Act 1989. Dated this day of 200
Signed by the Chargor................................................................... in the presence of:-........................................................ Signed by the Chargee in the presence of:.................................................................... ....................................................................

Page 91 of 223
Page 92 of 223
5.2.10
RL10 CHARGE (BY COURT ORDER)
RL10.DOC
Registering a charge is a common method for the courts to secure debts resulting from non-payment of fines etc.
Page 93 of 223
FORM RL10
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 CHARGE

(By Court Order)
BLOCK ______
PARCEL ______
_____
The Registrar of Land is hereby directed pursuant to an order of the Grant Court made on in Suit No. to register a charge relation to the above-mentioned title to secure payment to Of the principal sum of (including pre-judgment interest and costs) together with post-judgment interest thereon at the daily rate of from
Dated this
day of
200
.. JUDGE OF THE COURT

Page 94 of 223
Page 95 of 223
5.2.11 RL11 DISCHARGE OF CHARGE
RL11.DOC
If the chargor (borrower) pays back the charge and all interest then he may, subject to the agreement with the chargee (lender) have the charge discharged (removed) from the Land Register.
Page 96 of 223
FORM RL11
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 DISCHARGE OF CHARGE

I/WE HEREBY DISCHARGE the charge shown as entry number.in the incumbrances section in the register relating to the above-mentioned title wholly (or in the relation to
BLOCK ______
PARCEL ______
_____
Dated this
day of
200
Signed by the Chargee . In the presence of :-

Page 97 of 223
Page 98 of 223
5.2.12RL12 DISCHARGE OF CHARGE (BY COURT ORDER) RL12.DOC

If the Court determines that a charge is no longer valid it may order that it be removed (discharged).
Page 99 of 223
FORM RL12
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 DISCHARGE OF CHARGE

(By Court Order)
BLOCK ______
PARCEL ______
_____
The Registrar of Lands is hereby directed pursuant to an order of the Grant Court made on in Suit No. to register a discharge of the charge shown as entry number in the incumbrances Section of the register relating to above-mentioned title. Dated this ___________________ JUDGE OF THE COURT day of 200

Page 100 of 223
Page 101 of 223
5.2.13RL13 VARIATION OF CHARGE (BY COURT ORDER) RL13.DOC
Page 102 of 223
FORM RL13
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 VARIATION OF CHARGE

(By Court Order)
BLOCK ______
PARCEL ______
_____
The Registrar of Lands is hereby directed pursuant to an order of the Grant Court made on in Suit No. to register a variation of charge shown as entry number in the incumbrances Section of the register relating to above-mentioned title. The variation to be:
Dated this
day of
200
___________________ JUDGE OF THE COURT

Page 103 of 223
Page 104 of 223
Page 105 of 223
5.2.14
RL14 SURRENDER OF LEASE
RL14.DOC
The lessor (landlord) and lessee (tenant) may agree that the lease may be surrendered. If this is the case the RLA S63 (1) prescribes the manner of the surrender.
Page 106 of 223
FORM RL14
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 SURRENDER OF LEASE

REGISTRATION SECTION __________________ BLOCK ______ PARCEL ______
_____
I/WE In consideration of (The receipt whereof is hereby acknowledged*) HEREBY SURRENDER the lease comprised in the above-mentioned title and the lessor HEREBY ACCEPTS the said surrender.
Dated this
day of
200
Signed by the Lessee In the presence of :Signed by the Lessor In the presence of :-
*Delete if not applicable FOR OFFICIAL USE ONLY

I, the Registrar of Lands in Zanzibar hereby certify that this document was received by me for registration on the....... day of ...................... 200.......and that stamp duty assessed/adjudicated by me/Treasury at TZS.......................and Land Registry fees at TZS................relating thereto have been paid.
Page 107 of 223
REGISTERED this day of 200
Page 108 of 223
Page 109 of 223
5.2.15RL15 GRANT OF EASEMENT
RL15.DOC
The proprietor of land or of lease may, by instrument in the prescribed form, grant an easement over his land or the land comprised in his lease, to the proprietor or lessee of other land for the benefit of that other land. (2) The instrument creating the easement shall specify clearly: (a) the nature of the easement, the period for which it is granted and any conditions limitations or restrictions intended to affect its enjoyment; and the land burdened by the easement and, if required by the Registrar, the particular part thereof; and the land which enjoys the benefit or the easement, and shall, if required by the Registrar, include a plan sufficient in the Registrars estimation to define the easement.
(b) (c)
RLA S63.
Page 110 of 223
FORM RL15
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 GRANT OF EASEMENT

I/WE in consideration of (the receipt whereof is hereby acknowledged) HEREBY GRANT to of the proprietor of the interest comprised in Parcel No. . the following easement
BLOCK ______
PARCEL ______
_____
Dated this
day of
200
Signed by the Grantor . in the presence of :- Signed by the Grantee . in the presence of :-

Page 111 of 223
Page 112 of 223
5.2.16
RL16 GRANT OF PROFIT
RL16.DOC
The proprietor of land or of a lease may, by instrument in the prescribed form, grant a profit.
(2)
The instrument shall specify clearly: (d) (e) (f) the nature of the profit and the period for which it is to be enjoyed; and whether it is to be enjoyed in gross or as appurtenant to other land or a lease; and whether it is to be enjoyed by the grantee exclusively or in common with the grantor.
RLA S94
Page 113 of 223
FORM RL16
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 GRANT OF PROFIT

I/WE in consideration of (the receipt whereof is hereby acknowledged) HEREBY GRANT to of the following profit to arise from the interest comprised in the above-mentioned title:the profit to be enjoyed in gross (or as appurtenant to the interest of the Grantee in title number) Dated this day of 200
BLOCK ______
PARCEL ______
_____
Signed by the Grantor . in the presence of :- Signed by the Grantee . in the presence of :-

Page 114 of 223
Page 115 of 223
5.2.17 RL17 RELEASE OF PROFIT, EASEMENT OR RESTRICTIVE AGREEMENT RL17.DOC

Upon presentation of a duly executed release in the prescribed form, the registration of the easement, profit or restrictive agreement shall be cancelled, and the easement, profit or restrictive agreement shall thereupon be extinguished.
Page 116 of 223
FORM RL17
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 RELEASE OF PROFIT, EASEMENT OR RESTRICTIVE AGREEMENT
I/WE being the person now entitle to the benefit of the (easement) (profit) (restrictive agreement).shown as entry number . in the incumbrances section of the register relating to the above-mentioned title HERBY RELEASE the (easement) (profit) (restrictive agreement)
BLOCK ______
PARCEL ______
_____
Dated this
day of
200
Signed
in the presence of :-

Page 117 of 223
Page 118 of 223
5.2.18
RL18 SEVERANCE OF JOINT PROPRIETORSHIP RL18.DOC
Joint proprietors, not being trustees, may execute an instrument in the prescribed form signifying that they agree to server the joint proprietorship, and the severance shall be completed by registration of the joint proprietors as proprietors in common with equal shares, and by filing the instrument.
Page 119 of 223
FORM RL18
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 SEVERAGE OF JOINT PROPRIETORSHIP

I/WE HEREBY SEVER our joint proprietorship of our interest in the land comprised in the above-mentioned title and apply to be registered as proprietors in common in the following shares:-
BLOCK ______
PARCEL ______
_____
Dated this
day of
200
Signed by the Proprietors in the presence of :
..

Page 120 of 223
Page 121 of 223
5.2.19
RL19 APPLICATION FOR PARTITION
RL19.DOC
Partition refers to the separation into separate parts of land held in common. The objective being for each tenant in common to obtain his share of the whole as a separate parcel. Partition should not be confused with subdivision, which while similar refers to the separation of a parcel into separate parts, but still in the same ownership. A common reason for partition is where family land needs to be divided between the different beneficiaries. If land is held jointly it cannot be partitioned. In this case at least one joint proprietor has first to ask to sever the joint proprietorship, using an RL18 form. This creates proprietors in common, and one or more can then apply for partition.
Page 122 of 223
FORM RL19
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 APPLICATION FOR PARTITION

I/WE HEREBY APPLY for the land comprised in the above-mentioned title to be partitioned in the following manner:
BLOCK ______
PARCEL ______
_____
Dated this
day of
200
Signed by the Applicant) in the presence of :
..

Page 123 of 223
Page 124 of 223
5.2.20
RL20 POWER OF ATTORNEY
RL20.DOC
A power of attorney is granted where one person wishes to pass the rights to deal with land to another. This may occur when the proprietor is no longer in Zanzibar and passing the right to another makes transactions easier. The power of attorney is also used when the proprietor believes that they are about to suffer from illness or disability which would restrict their ability to deal, and they therefore pass this right to another. While an ordinary power of attorney may be revoked by the grantor (proprietor of the land) or upon his/her death, bankruptcy or disability, if the power of attorney is made irrevocable, which requires that the grantee has paid a valuable consideration for it, the power of attorney may not be revoked. Power of attorney has also been used to circumvent the laws on transfer, including transfer to foreigners, as the power of attorney may transfer all significant rights to the grantee, while the ownership remains registered to the grantee. When a power of attorney is granted it is registered in a separate register of Rights of Attorney.
Page 125 of 223
FORM RL 20
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 POWER OF ATTORNEY

I HEREBY APPOIT Of
BLOCK ______
PARCEL ______
_____
to be my attorney and generally in relation to my interest in the land comprised in the above-mentioned title to do anything that I myself could do, and for me and in my name to execute all such instrument and to do all such acts, matters and things as may be necessary or expedient for carrying out the powers hereby given. (If the power is to be limited to particular acts only, delete everything after the word attorney and set out below what Powers are to conferred.)
Dated this
day of
200
Signed by the Donor in the presence of :
..

I, the Registrar of Lands in Zanzibar hereby certify that this document was received by me for registration on the....... day of ...................... 200.......and that stamp duty assessed/adjudicated by me/Treasury at TZS.......................and Land Registry fees at TZS................relating thereto have been paid. REGISTERED this day of. 200
Page 126 of 223
Page 127 of 223
5.2.21RL21 POWER OF ATTORNEY (BANK)

This is not used at present in Zanzibar.
Page 128 of 223
Page 129 of 223
5.2.22 RL22 NOTICE OF REVOCATION OF A POWER OF ATTORNEY RL22.DOC

Used to record revocations.
Page 130 of 223
FORM RL 22
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 NOTICE OF REVOCATION OF A POWER OF ATTORNEY
I
BLOCK ______
PARCEL ______
_____
HEREBY GIVE NOTICE that the Power of Attorney filed in the register of powers of attorney as number has been revoked(a) by me, or (b) by the [death] [bankruptcy] [disability] or the donor, or
Of
to be my attorney and generally in relation to my interest in the land comprised in the above-mentioned title to do anything that I myself could do, and for me and in my name to execute all such instrument and to do all such acts, matters and things as may be necessary or expedient for carrying out the powers hereby given. (If the power is to be limited to particular acts only, delete everything after the word attorney and set out below what Powers are to conferred.)
Dated this
day of
200
..
Page 131 of 223

Page 132 of 223
Page 133 of 223
5.2.23 RL23 APPLICATION TO BE REGISTERED AS PROPRIETOR BY TRANSMISSION RL23.DOC

Registration as proprietor by transmission is used when a person dies. But it can only be used where there was a sole proprietor or proprietors in common. In these cases when a person dies the land is transmitted (transferred) to his/her personal representative, who then according to the conditions set out in the will, or the laws of inheritance, transfers the land rights to the beneficiaries. Where land is held jointly and a joint proprietor dies the land automatically passes to the remaining joint proprietors, until the time where this is only one proprietor remaining. These changes in joint proprietorship should be recorded on Form RL33 Deletion on Death of Joint Proprietor.
Page 134 of 223
FORM RL 23
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 APPLICATION TO BE REGISTERED AS PROPRIETOR BY TRANSMISSION
I/WE
BLOCK ______
PARCEL ______
_____
Of
as personal representative (s) of HEREBY APPLY to be registered by transmission proprietor (s) in place of deceased of his/her interest land comprised in the above title, and support thereof attach the Grant as required by Section 116 of Registered Land Act 1989.
Dated this
day of
200
Signed by the Representative in the presence of :
..

Page 135 of 223
Page 136 of 223
5.2.24
RL24 CAUTION RL24.DOC
A caution in Zanzibari law is used to prevent dealings which may affect the interest of the caution holder. The RLA states: 132.(1) Any person who: (a) (b) (c) (d) claims any unregisterable interest what so ever in land or a lease or a charge; or is entitled to a licence; or has presented a bankruptcy petition against the proprietor of any registered land, lease or charge, or being a Bank, has advanced money on a current account to the proprietor of any land. Lease or charge.
May lodge a caution with the Registrar forbidding the registration of dispositions of the land, lease or charge concerned and the making of entries affecting the same. (2) A caution may either: (a) (b) forbid the registration of dispositions and the making of entries altogether; or forbid the registration of dispositions and the making of entries to the extent therein expressed.
Page 137 of 223
FORM RL 24
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 CAUTION

I/WE
BLOCK ______
PARCEL ______
_____
Of
claim an interest as in the land comprised in the above-mentioned title and forbid the registration of dealing and the making of entries in the register relating thereto (altogether) or to the following extent
without my/our consent, until this caution has been withdrawn by me/us or removed by order of the court or of the Registrar.
Dated this
day of
200
Signed by the Applicant:in the presence of :
..

Page 138 of 223
Page 139 of 223
5.2.25 RL25 NOTICE OF INTENTION TO APPEAL TO THE HIGH COURT RL25.DOC

The Minister or any person aggrieved by a decision, order, determination or award of the Registrar may, within thirty days of the decision, order, determination or award, give notice to the Registrar in the prescribed form of this intention to appeal to the Court against the decision, direction, order, determination or award.
Page 140 of 223
FORM RL 25
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 NOTICE OF INTENTION TO APPEAL TO HIGH COURT
_____
I/WE . HEREBY GIVE NOTICE THAT I/WE intend to appeal to the High Court of Zanzibar on the following matter: . .
(Here set out briefly the decision, direction, order, determination or award of the Registrar in question)
My/our grounds for appeal are as follows: . . .
Dated this
day of
200
..

Page 141 of 223
Page 142 of 223
5.2.26
RL26 APPLICATION TO INSPECT THE REGISTER RL26.DOC
36. (1) Any person, on application in the prescribed form and on paying the prescribed fee, may inspect during official hours of business any register and any sheet of the Registry Map or any filed instrument or plan.
Page 143 of 223
FORM RL 26
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 APPLICATION TO INSPECT THE REGISTER
_____
I HEREBY APPLY to inspect the register relating to above-mentioned title
Name : Full Address: Company: Telephone No:
.. .. .
Signature: ..
CONDITIONS
1. Persons inspecting the register may take brief notes in pencil, but no document shall be copied. 2. In no circumstances may any note or mark be made on any register, document or profile produced for inspection. 3. The counter clerks duty does not extend to answering questions on matter of title, and no responsibility is accepted for any opinion which may be expressed by him.
Page 144 of 223
Page 145 of 223
5.2.27
RL27 APPLICATION FOR CERTIFIED COPY RL27.DOC
RLA S36 Any person, on application in the prescribed form and on paying the prescribed fee, shall be entitled to a certified copy of any register or part of the Registry Map or any filed instrument or plan. 37. (1) A certified copy of the register or part of the Registry Map or any filed instrument or plan shall be admissible in evidence in all actions and matters and between all persons and parties to the same extent as the original, and a signature on any such certified copy purporting to be the signature of the Registrar shall be presumed to be the signature of the Registrar until the contrary is proved.
Page 146 of 223
FORM RL 27
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 APPLICATION FOR CERTIFIED COPY
_____
I HEREBY APPLY certified copy/copies of the following:
Name :
Full Address:
..
Company:
..
Telephone No:
Signature:
..
Page 147 of 223
Page 148 of 223
5.2.28
RL28 APPLICATION FOR OFFICIAL SEARCH RL28.DOC
RLA S36 Any person, on application in the prescribed form and on paying the prescribed fee, may require an official search in respect of any parcel, and the Registrar shall issue a certificate of official search setting forth particulars of all subsisting entries in the register of that parcel. An application for an official search is used to check whether there are any other applications which may affect the same parcel. It also has the effect of staying (stopping) applications on the parcel for which the application for official search is made for a period of 14 days. RLA S43 (1) Where any person proposing to deal with registered land has, with the consent in writing of the proprietor, applied for an official search and has stated in his application the particulars of the proposed dealing, the registrar of any instrument affecting the land to be comprise in or affected by the proposed dealing shall be stayed for a period (hereinafter referred to a the suspension period) of fourteen days from the time at which application for the official search was made, and a note shall be made in the register accordingly. If within the suspension period a property executed instrument effecting the proposed dealing is presented for registration, such instrument shall have priority over any other instrument which may be presented during the suspension period, and shall be registered notwithstanding any caution or other entry for which application for registration may have been made during the suspension period. Subject to subsection (2) of this section, any instrument or document for which application for registration is made during the suspension period, other than that effecting the proposed dealing, shall be dealt with in the same manner, shall have the same priority and shall be as effectual as if no stay of registration had been obtained.
(2)
(3)
The main use of an official search is by a prospective purchaser, who has agreed to purchase a parcel, but requires time to find the finance. The official search effectively provides a 14 day period in which to finalise and register the purchase.
Page 149 of 223
FORM RL28
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 APPLICATION FOR OFFICIAL SEARCH
_____
I HEREBY APPLY for any official search of the register relating to the abovementioned title. *I propose (or to and application is hereby made for a stay of registration in accordance with section 42 (1) of the Registration Land Law. The written consent of the proprietor accompanies this application. Date 200.. Signature of applicant or his legal practitioner . Address *Delete if not applicable To be submitted in duplicate ------------------------------------------------------------------------------------------I HEREBY consent to this Application Signature of Proprietor date

Page 150 of 223
Page 151 of 223
5.2.29 RL29 APPLICATION TO COMBINE/SUBDIVIDE/REPARCEL
RL29.DOC
Modification of parcels can only be done by combining (amalgamation), subdivision, and reparcellation. This form is used for all three. The RL29 is usually accompanied by map or plan showing the changes envisaged.
Page 152 of 223
FORM RL 29
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 APPLICATION TO COMBINE/SUBDIVIDE/REPARCEL*

I/WE Of
BLOCK ______
PARCEL ______
_____
Hereby apply to combine/sub-divide/reparcel the above parcel/parcel as follows:State how the boundaries of the parcel are demarcated . (i.e. Hedges, fences, survey beacons, etc.) A precise survey is/is not required* Applicant . . Date ..
Surveyor *Delete as applicable. Note: 1.In place of a sketch, a plan may be submitted of the proposed subdivision. 2. To be submitted in duplicate. FOR OFFICE USE Registry Fees Paid. Rec. No
Mutation Form No
Registered amended .
New parcel Remarks
..
Page 153 of 223
REGISTRAR OF LANDS
Page 154 of 223
Page 155 of 223
5.2.30 RL30 APPLICATION LAND CERTIFICATE/ CERTIFICATE OF LEASE RL30.DOC

A Land Certificate may is basically a summary of the entry in the Land Register. The Land Certificate is only prima facie evidence of rights held, the Land Register is always the defining document on land rights. The most important use of Land Certificate is to give the proprietor an official document on which his/her right is recorded. Sometimes where unregistered loans are taken the lender will require the borrower to provide the Land Certificate in the mistaken believe that holding the Land Certificate gives him rights over the land. 32. (1) The Registrar shall, if requested by any proprietor of land or a lease where no land certificate or certificates of lease has been issued, issue to him a land certificate or certificates of lease, as the case may be, in the prescribed from showing all subsisting entries in the register effecting that land or lease. Provided that: (i) (ii) (2) only one such certificate shall be issued in respect of each parcel or lease; no certificate of lease shall be issued unless the lease if for a certain period exceeding two years.
A land certificate or certificate of lease shall be only prima facie evidence of the matters shown therein, and the land or lease shall be subject to all entries in the register whether they are shown on the certificate or not. Where there is more than one proprietor, the proprietors shall agree among themselves as to who shall receive the certificate, and failing agreement the certificate shall be filed in the registry. The date of issue of a land certificate or of lease shall be noted in the register. 33. (1) If a land certificate or certificate of lease has been issued, then, unless it is filed in the registry or the Registrar dispenses with its production, it shall be produced on the registration of any dealing with the land or lease to which it related, and, if the certificate shows all subsisting entries in the register, a note of such registration shall be made on the certificate. If the disposition is a transfer, the certificate if produced shall be destroyed, and in such case a new certificate may be issued to the new proprietor. If the disposition is a charge, the certificate, if produced shall be filed in the registry. On the registration of any disposition of a lease or charge the duplicate and triplicate of the lease or charge shall, unless the Registrar is satisfied
(3)
(4) (5)
(2)
(3) 34.
Page 156 of 223
that they cannot be produced, be produced to the Registrar, who shall note particulars of the disposition of the filed lease or charge and on the duplicate and triplicate thereof. 35. (1) If a land certificate or certificate of lease is lost or destroyed, the
proprietor may apply to the Registrar for the issue of a new certificate, and shall produce evidence to satisfy the Registrar of the loss or destruction of the previous certificate.
(2) (3)
The Registrar may require a statutory declaration that the certificate has been lost or destroyed. The Registrar, if satisfied with the evidence as to the loss or destruction of the certificate, and after the publication of such notice as he thinks fit, may issue a new certificate. When a lost certificate is found, it shall be delivered to the Registrar for cancellation.
(4)
Searches of copies
Page 157 of 223
FORM RL 30
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 APPLICATION FOR LAND CERTIFICATE/CERTIFICATE OF LEASE
_____
I/WE .. .. as proprietor (s) HEREBY APPLY FOR A*LAND CERTIFICATE/CERTIFICATE of LEASE of the above mentioned title. *I hereby authorise my attorney at Law, to hold it on my behalf. Signature of Proprietor . Address. .. Telephone No: Date . ..
In the presence of . *Delete as applicable. ------------------------------------------------------------------------------------------FOR OFFICIAL USE Application Book No:
Registry Fees paid. Receipt No: .
Note in Register
.. REGISTRAR OF LANDS
Received Land Certificate/certificate of lease . Signature of proprietor or Date
Page 158 of 223
Authorised person
Page 159 of 223
Page 160 of 223
5.2.31RL31 CONVERSION OF TITLE
RL31.DOC
Conversion of title is used in jurisdictions where on adjudication a provisional title may be granted, usually because the claimants have no documentary evidence to support their claim. When land is held provisionally the proprietor is usually not able to sell, lease or otherwise change the title or ownership of the title. But after a fixed time (often 6 to 12 years) the provisional title can be changed into full title, when the right can be sold, leased, charged etc. At present Zanzibar does not operate this system, but the form has been included in case there is a change in the law.
Page 161 of 223
FORM RL31
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 CONVERSION OF TITLE

_____
I/WE. of .
HEREBY APPLY for conversion of the above title from Provisional to Absolute on the grounds that the 12-year period required for the granting of Absolute Title has elapsed. In support of my application reference is hereby made to:
. . .
Dated this
day of
200
signed ..
in the presence of
I, THE REGISTRAR OF LANDS, HEREBY ORDER THAT THE ABOVE TITLE BE AMENDED FROM PROVISIONAL TO ABSOLUTE.
_____________________________
REGISTRAR OF LANDS FOR OFFICIAL USE ONLY

Page 162 of 223
Zanzibar
Page 163 of 223
Page 164 of 223
5.2.32
RL32 WITHDRAWAL OF CAUTION
RL32.DOC
This is used when the cautioner who lodged a caution using form RL24 wishes to remove the caution.
Page 165 of 223
FORM RL32
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 WITHDRAWAL OF CAUTION

I/WE of
BLOCK ______
PARCEL ______
_____
HEREBY withdraw the caution lodged on my/our behalf against the abovementioned title
Dated this
day of
200
signed by the Cautioner
in the presence of

Page 166 of 223
Zanzibar
Page 167 of 223
Page 168 of 223
5.2.33
RL33 DELETION ON DEATH OF JOINT PROPRIETOR RL33.DOC
This is used to remove a joint proprietors name from land held jointly when a joint proprietor dies.
Page 169 of 223
FORM RL33
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 DELETION ON DEATH OF A JOINT PROPRIETOR
I/WE of
BLOCK ______
PARCEL ______
_____
HEREBY APPLY for the Proprietorship Section of the above parcel to be amended as follows:That the names of the joint owners as now shown to be deleted and a new entry made to show the same with the exception of Who has deceased and whose interest in the land is now vested in the remaining proprietor (s). In support of the above a copy of the Certificate of Death is attached herewith in accordance with section 115 of the Registered Land Law.
Dated this
day of
200
Signed:

Page 170 of 223
Zanzibar
Page 171 of 223
Page 172 of 223
5.2.34
RL34 RECTIFICATION OF REGISTER
RL34.DOC
The RoL may rectify the Register in a number of circumstances, but this form only applies tot a change of address. RLA S144 (2) Upon proof of the change of name or address of any proprietor, the Registrar shall on the written application of the proprietor, make an entry in the register to record the change.
Page 173 of 223
FORM RL34
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 RECTIFICATION OF REGISTER

I/WE of
BLOCK ______
PARCEL ______
_____
HEREBY APPLY to have the Land Register of the above parcel amended to show my/our name/address which appears on the Register changed to show my/our name/address as shown above. In support of my/our application references is herby made to the attached copy of
Dated this
day of
200
Signed:

Page 174 of 223
Zanzibar
Page 175 of 223
Page 176 of 223
5.2.35
RL35 VARIATION OF CHARGE
RL35.DOC
This is used to vary an existing charge. Where after a charge has been registered a subsequent charge is registered, the variation of the earlier charge will not take precedence over the subsequent charge, unless there is specific provision to allow this.
Page 177 of 223
FORM RL35
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 VARIATION OF CHARGE

I/WE. AND: HEREBY VARY CHARGE ENTERED AS ENTRY NO .. IN THE INCUMBRANCE SECTION OF THE REGISTER FOR THE ABOVE-MENTIONED TITLE. IN THE FOLLOWING MANNER, IN ACCORDANCE WITH SECTION 69 OF THE LAWS: *(1) The currency is varied from Tsh *(2) The Principal sum is increased/decreased by Tsh *(3) The interest Rate *(4) The Method of Repayment *(5) The Term of Charge Dated this day of 200 to US$*
BLOCK ______
PARCEL ______
_____
Singed by the Chargor In the presence of:
Signed by the chargee In the presence of * Or other currency
......

Page 178 of 223
Zanzibar
Page 179 of 223
Page 180 of 223
5.2.36
RL36 DEDICATION
RL36.DOC
There is no specific provision for dedications of Rights of Way to the public, but equally no prohibition. The inclusion of this form would allow such dedications to be made in a formal manner.
Page 181 of 223
FORM RL36
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 DEDICATION

I/WE.
BLOCK ______
PARCEL ______
_____
HEREBY DEDICATE
To the general public metre. *pedestrian/vehicular Right of Way, as indicated on the attached copy plan.
Dated this
day of
200
Singed by the Dedicator
In the presence of:-

Page 182 of 223
Zanzibar
Page 183 of 223
Page 184 of 223
5.2.37 RL37 ORDER OF GRANT (FULL RIGHT OF OCCUPANCY) RL37.DOC
Page 185 of 223
FORM RL 37
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 NOTIFICATION THAT AN ORDER OF GRANT HAS BEEN ISSUED
The Department of Lands and Registration has issued an Order of Grant to
For land situated at
On the .day of ..20.
Copies of the original Order of Grant and the location plan are attached.
I would be grateful if a register could be opened for the said parcel for the following right, with
Of
Being registered as proprietor(s).
The following documents are attached in support of this application: (These should include the original Order of Grant from the Department of Lands and Registration and a survey plan of the said parcel stamped by the Department of Surveys and Urban Planning).
Page 186 of 223
Dated this
day of
200
Signed by the Director of Lands and Registration
delete as appropriate FOR OFFICIAL USE ONLY
.. REGISTRAR OF LANDS Zanzibar Should this be signed by the Minister? Orders signed by the Minister dont need any further proof, I think. IRC 29.8.2008
Page 187 of 223
Page 188 of 223
5.2.38
RL38 SURVEYING JOB APPLICATION
RL38.DOC
Page 189 of 223
FORM RL38 JOB NO.____________________________
ZANZIBAR ISLAND
Department of Surveys and Urban Planning: SURVEY JOB APPLICATION
REGISTRATION SECTION
BLOCK PARCEL
Applicant: Of
Required the following to be undertaken by Land$ Survey:-
Signed by/for applicant Date: .. Survey/LIS . Chief Surveyor .
Page 190 of 223
5.2.39
RL 39
RESTRICTION APPLICATION
Page 191 of 223
FORM RL 39
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 RESTRICTION

I/WE
BLOCK ______
PARCEL ______
_____
Of Request that the Registrar of Lands enters a Restriction on the above captioned parcel. This restriction is to remain in place until: The reasons for applying for this Restriction are: As supported by: Dated this day of 200
Signed by the Applicant:in the presence of :
.. FOR OFFICIAL USE ONLY
Page 192 of 223
Page 193 of 223
5.2.40
RL 40
RESTRICTION REMOVAL
Page 194 of 223
FORM RL40
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 WITHDRAWAL OF RESTRICTION

I/WE of
BLOCK ______
PARCEL ______
_____
HEREBY withdraw the restriction lodged on my/our behalf against the abovementioned title
Dated this
day of
200
signed by the Cautioner
in the presence of

Page 195 of 223
Zanzibar
Page 196 of 223
Page 197 of 223
5.2.41
RL 41
REQUEST TO REMOVE CAUTION
Page 198 of 223
FORM RL41
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 REQUEST TO REMOVE CAUTION

I/WE of
BLOCK ______
PARCEL ______
_____
HEREBY request that the Caution recorded as Instrument Number of the Land Register for the above captioned parcel, should be removed.
Dated this
day of
200
signed by the Proprietor
in the presence of

Page 199 of 223
Zanzibar
Page 200 of 223
Page 201 of 223
5.2.42
RL 42
REQUEST TO REMOVE RESTRICTION
Page 202 of 223
FORM RL42
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 REQUEST TO REMOVE RESTRICTION

I/WE of
BLOCK ______
PARCEL ______
_____
HEREBY request that the Restriction recorded as Instrument Number of the Land Register for the above captioned parcel, should be removed.
Dated this
day of
200
signed by the Proprietor
in the presence of

Page 203 of 223
Zanzibar
Page 204 of 223
Page 205 of 223
5.2.43
RL 43
TRANSFER OF TREES
Page 206 of 223
Page 207 of 223
FORM RL 43
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 Transfer of Trees

I/WE
ISLAND ______
BLOCK _____
PARCEL ______
In consideration of
(The receipt of which is hereby acknowledged) HEREBY TRANSFER . To .. Of ..
*The Transferees hereby declare that they hold the trees as a lawful owner. Dated this Signed by the Transferor .......................................................................................................... in the presence of:-........................................................ Signed by the Transferee in the presence of:.................................................................... day of 200
Page 208 of 223
Page 209 of 223
5.2.44
RL 44 MUTATION FORM
Page 210 of 223
FORM RL44
INSTRUMENT NO
ZANZIBAR The Registered Land Act 1989 MUTATION FORM

_____
A REGISTRARS INSTRUCTIONS TO THE DIRECTOR OF SURVEYS AND

URBAN PLANNING
Note: names of the parties to be present on the land at time of survey to be given
Dated this
day of
200
Signed by the Registrar of Lands ............................................................
1
No of Plot
2
Registered Area in sq metres
3
New area computed by surveys
Total
Page 211 of 223
S K E T C H
Signature and Date

Seal or signature of Parties Present on the Land at the time of Survey Date Surveyed By
Date
B Received by Director of DoSUP

Signed Date..200
C Director DoSUP (a) Passed correct Register amended Please alter Registry Map (b) Application abandoned Signed Date..200 Registrar of Lands C To Registrar of Lands (a) Passed correct Register amended Please alter Registry Map (b) Application abandoned Signed Date..200 Registrar of Lands
C To Registrar of Lands On Action Taken Signed Date..200 Director of DoSUP
Additional Information
Page 212 of 223
5.2.45
RL 45 LAND CERTIFICATE
Land Certificates may be issued to the proprietor of RoO or leasehold interest. Below is an example of the information that may be included in a RoO Land Certificate.
Page 213 of 223
ZANZIBAR LAND REGISTRY LAND CERTIFICATE
Crest
Ali Mohamed Abdulla, ID Number 1234567890, of PO Box 1234, Stone Town Zanzibar is the proprietor of the Right of Occupancy for Parcel 123, in Block 2050-1900 in Stone Town Section of Unguja. A parcel of land that comprises some 2500 sq metres as outlined in bold black on the plan below. This Right of Occupancy is subject to the following Appurtenances and Incumbrances: Appurtenence: Right of way over parcel 1235 to the Vuga Road. Incumbrances Charge for US$50,000 in favour of the Bank of Stone Town, at an interest rate of 9%, repayable over 20 years from 1st December 2008. Right of way in favour of parcel 1236 to pass over this parcel to parcel 1235.
1236 1234
1235
V u g a R o a d
ROW in favour of parcel 1236
ROW in favour of parcel 1234
Certified correct by Kasmin Ali Kasim, Registrar of Lands, Unguja, Zanzibar.
Kasim Ali Kasim

20th December 2008
Seal
Page 214 of 223
6 GLOSSARY
Term
Arbitration
Definition
Arbitration is the formal process of weighing evidence in order to reach a settlement when the parties are unable to reach agreement on an issue in contention. Arbitration is a possible solution in situations where two or more parties to a contract are unable to reach agreement. This might occur where a lease contract includes a clause allowing periodic review of the rent to market value. The role of the arbitrator is usually governed by legislation. Arbitrators have certain powers and responsibilities, and deliver decisions based both on the submissions of the parties and on their own expertise in the field. An arbitrator is distinct from an independent expert. An arbitrator acts in much the same way as a judge, basing the decision only on evidence and arguments submitted to him by the parties. The arbitrator cannot reach a decision without receiving evidence from the parties, or just one of the parties when proceeding ex parte. Arbitrators weigh the evidence and arguments on the basis of their expertise. Their award must lie between the two extremes put forward by the parties.
Reference
RICS, 2002
Assessment
Betterment
An assessment is usually a term applied to forms of statutory valuation where a value has to be assessed, most commonly related to market value, but where the market will not itself operate to assess value. The most common instances where this is the case are in the assessments of value for property taxes and for compulsory purchase compensation. In taxation valuations, assessments of the unimproved capital value not only make a similar assumption about a willing buyer and a willing seller, but also assume that none of the improvements to the land have actually been made. In systems of land taxation based on annual value, assumptions are made regarding the relationship between the hypothetical tenant and the hypothetical landlord, and the condition of the property. In practice assessments are therefore often complex and contentious, with the result that they can generate large bodies of law. In many jurisdictions appeals from assessments will be to a specialist tribunal. Betterment is the increase in the value of property as the result of public decisions and intervention. Increases in value may result from, for example: Improvements in the utility of property resulting from changes in the use restrictions applying to a property, for example, through the grant of planning permission. Improvements to the infrastructure increasing accessibility In some instances the state or the community may be entitled to secure the benefit of any development value by requiring land to pass through public ownership prior to its development into a different use. The statutorily empowered authority in such circumstances is entitled to acquire land that is ripe for development at existing use value, and to sell it to developers for development value. In other cases a part of this increase in value is subject to special taxation.
Betterment levy
Betterment levy is the sum recovered by local authorities from the owners of properties where these properties have been improved by public schemes as contributions to the cost of those schemes.
Page 215 of 223
Building
A structure comprising walls and a roof which is more or less permanent. An aggregation of several building units forming one contiguous structure as seen on the orthophotograph. For example a terrace of similar properties joined by party walls, or a complex comprising several building units which are joined to form a functional unit, such as a school, hotel or office. Building Complexes will be shown in the topographic layer, but not in the ownership layer
Building Complex
Building lease
A building lease is a form of lease where the landowner leases land to be developed to a developer. The building lease will usually be a long term lease, often 99 or 125 years, allowing the developer to amortise the investment in construction and make an appropriate return on the capital invested. The rent paid under the lease may be fixed, or it may be, for example, geared to the head rent paid by the tenant in occupation. The rent under a building lease is usually referred to as a ground rent.
Building Unit
An individual element of a building complex, which is or is capable of forming a single functional unit, being divided from the other building units by party walls, or vacant lots. In ST a Building Unit may will often fully cover a parcel But for complex properties, such as a major hotel the parcel may include several building units, plus ground between the units.
Cadastre
A Cadastre is normally a parcel based, and up-to-date land information system containing a record of interests in land (e.g. rights, restrictions and responsibilities). It usually includes a geometric description of land parcels linked to other records describing the nature of the interests, the ownership or control of those interests, and often the value of the parcel and its improvements. It may be established for fiscal purposes (e.g. valuation and equitable taxation), legal purposes (conveyancing), to assist in the management of land and land use (e.g. for planning and other administrative purposes), and enables sustainable development and environmental protection. The capital value of a property is what a property will sell for. Property taxation systems used to generate annual taxes are usually based on one of: Rental/annual value Existing use/capital value Highest and best use/capital value Unimproved capital value Artificial bases The capital value is used in many countries and is usually based on existing use value, or on the highest and best use value. The relevant basis for valuation will be defined in the relevant legislation under specified assumptions. Property used as collateral is pledged as a guarantee for the repayment of a loan. The most common form of use of collateral is the mortgage. Commoditisation describes the transformation of the land into a commodity that can be bought and sold. The concept of commoditisation relates to the period of transition from one form of land rights to a market for land. It may thus legitimately be used for the period of transition from a feudal to a
FIG Statement on Cadastre
Capital value
Collateral (land)
Commoditisation
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market economy, when the basis for access to land changes from feudal service to money. It can be used equally for the change from customary forms of tenure which may preclude in principle the possibility of sale. Access to land in such systems is often in return for fulfilling certain responsibilities to the community or the relevant chief. Commoditisation occurs when such a system moves to one where the land is sold and market relations take the place of customary relations. A third instance of changing systems is in the transitional economies of the Former Soviet Union, Central and Eastern Europe and elsewhere. Here land is (more or less) moving from a system of state ownership to one of varying degrees of private ownership, with in most cases the intent of introducing normal market economy relationships with the land. More recently the term commoditisation refers to the rapid innovation of increasingly sophisticated financial vehicles related to real estate. These are driven by the increasing internationalisation of capital and the consequent drive for standardisation. They are also a reaction by the market to try to resolve the perceived disadvantages of real estate as an investment; that it is bulky, costly to purchase, complex expensive to manage and deal with, and illiquid. Examples at the more everyday end of the spectrum include timeshare arrangements. More large scale innovations include single property unit trusts. Compensation is the payment for property taken or adversely affected by another. The payment varies between jurisdictions and may take the form of money, bonds, or exchange with alternative land. Interference with the rights of ownership of land, whether through compulsory acquisition of those rights or through planning restrictions, may result in a total or partial loss of value of the rights on the part of the owner. In most jurisdictions there are legislative provisions, sometimes enshrined in constitutional guarantees, providing for compensation in respect of such losses. These provisions, the procedures and assumptions that they include, and their relative generosity, vary between jurisdictions. Examples of the bases of claims for compensation include: England and Wales: Claims for compensation for compulsory acquisition where land is taken will include claims for the land taken, for severance and injurious affection to any land retained, and for disturbance. There are also claims for compensation where land is affected by a public scheme, rather than taken. These will be generally for different forms of injurious affection. The principle underlying claims for compensation is normally assumed to be that of equivalence, that the compensation should leave the person no worse off, and no better off than they were prior to the compulsory acquisition. means so much of the property that, upon the recording of a Declaration, is not contained within the boundaries of any unit; Condominium ownership is a form of ownership in which parts of the property are owned individually and parts are owned jointly, as tenants in common. Condominium ownership is particularly common in situations where common ownership of parts of a property is an integral part of the design, as for instance is the case in apartment buildings. Condominium ownership is distinct from a cooperative, where a corporation holds title to the whole property and individuals have exclusive rights to their units through a lease. It is further distinguished from a planned community where the individual owns the unit and the corporation owns the common parts. A condominium association has a management committee to
Compensation
Common-Property
Anguilla Condominium Act Definitions
Condominium
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ensure that these jointly owned areas are properly maintained, and has powers to raise money from the condominium owners to pay for the costs. Contract A contract is a binding agreement on the parties to the contract. For a contract to exist there must therefore be an agreement, and it must be intended by the parties that this agreement should be legally binding. The agreement must also be supported either by a deed or by consideration. Consideration is a promise or an act made by the promisee in return for the promisors promise at the latters express or implied request. Most transactions in land comprise two stages. The first of these is a contractual stage where the parties formally agree the basis and terms of the bargain (contract). Up to the point of such agreement, negotiations will generally be flexible and offer and counter-offer made specifically subject to contract. When the contract has been agreed, the second stage is the transfer or creation of the interest in land. Under some registration systems, transfer takes place on registration, and not on the execution of the contract. Conveyance The conveyance of land is the actual process of transfer of that land. A conveyance is a deed transferring land. The legal definition of what is included in land is important as this governs what is conveyed. Fructus industriales (cultivated crops), for example, are typically excluded from a conveyance, but naturally growing things, fructus naturales, will be included. The procedures for conveyance vary according to the jurisdiction and according to the legal system for recording and transferring ownership. Examples of the process of conveyance in a title registration regime include: England and Wales: The process of conveyance depends on whether the land being conveyed is registered or not. Where the land being conveyed is registered, the register of title maintained by HM Land Registry will be relied on, together with any further particulars arising from questions relating to the title. An official search of the register will generate an official certificate of search. This certificate provides a definitive statement of title and confers a priority period of 30 days from the date of application. The transaction should be completed and the purchaser should apply to be registered as proprietor during this period. It is this registration as proprietor in the Land Registry that vests in the purchaser the legal estate. The purchaser is indemnified against any error in the official search. Where unregistered land is being conveyed the process is complicated by the need for the demonstration of a good root of title. This requires a clear tracing of all of the dealings in the land until the time of transaction for a period of at least 15 years. In this case, the completion takes place when the conveyance deed is completed and the purchase consideration paid, when the legal title passes to the purchaser. All sales of freeholds are now compulsorily registered, and the purchaser must apply for first registration to HM Land Registry within two months of completion, otherwise the legal estate reverts to the vendor. 10 Co-ownership / Undivided shares Co-ownership is where two or more people have ownership together of a freehold or leasehold interest. The enjoyment of a property in coownership is said to be in undivided shares, in that each person has the same right to any part of the property.
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There are two forms of co-ownership; joint tenancy and tenancy in common. A joint tenancy exists where there is: > right of survivorship (on the death of a joint tenant their right passes to the remaining joint tenants, until only one remains as the sole owner) > unity of possession (no joint owner can exclude another) > unity of interest (each joint tenant is jointly entitled to the entire interest in the property) > unity of title (all joint tenants in a property derive their title under the same document) > unity of time (all joint tenants interests must commence at the same time. With a tenancy-in-common, by contrast, there is no right of survivorship as each tenant-in-common has a fixed, although undivided, share that at death can, for example, be passed on by will to any designated successor. Unity of possession is a characteristic requirement of tenancy-in-common and although usually present, the other unities are not essential. Deed A deed is a written or printed instrument that effects a legal disposition such as a contract for sale. Traditionally under English law a deed was a document that was signed, sealed and delivered. Since 1989 these requirements have been relaxed, with the removal of the requirement to seal a deed. It must be clear that the document is intended to be a deed. For the deed to be executed it now requires simply to be signed the individual party to the deed in the presence of two witnesses who attest the signature. The process of delivery now no longer has to be a physical delivery, it is enough that there are acts to show that the maker of the deed intends to be unconditionally bound by it. A dominant tenement is a property that enjoys the benefit of a right of easement. An easement often requires that there should be a dominant tenement that enjoys the right of easement, such as a right of way, over a servient tenement. Easements are rights exercisable by owners of one parcel of land over other land. Easements fall into two groups, positive and negative. Thus easements include those where someone has a positive right to do something over another persons land, such as exercising a right of way, and those where an owner has a right to stop someone doing something on their land, such as a right to light (ancient lights). The creation of an easement often requires that there should be a dominant and a servient tenement. There should in other words be land that benefits from the easement, and land that provides the easement; the owners of the two tenements should be different. It is also important that the easement is capable of being the subject of a grant. In some cases, such as with a conservation easement, there is a servient tenement but no dominant tenement as there is no requirement for the holder of the easement rights to own other land. Encumbrance / Servitude An encumbrance on the land is a right adversely affecting the land. Encumbrances include a number of burdens. Many are registrable in formal real estate registration systems; such as restrictive covenants, easements, mortgages and registered leases. An encumbrance is broadly similar to a servitude, a term commonly used in continental European jurisdictions but infrequently used in
Dominant tenement
Easement
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English law. Some such rights are not registrable under English law, and these overriding interests must be checked for by enquiry and inspection. They include legal easements, squatters rights acquired or being acquired under the Limitation Acts, rights of those in actual occupation or receiving the rents or profits from the land, and leases for terms of not more than 21years. Equitable interest Equitable interests are interests in English law that derive from the law of equity. English law is based on a set of canons of law; statute, Common Law and equity. Equitable interests in land include those interests that are not defined as legal estates in land, including those broadly speaking of a commercial nature, such as restrictive covenants and mortgages, and those of a family nature, such as life interests or interests in coownership. The Law of Property Act, 1925, defined only two statutory legal estates in land, the freehold and the leasehold. All other interests in land, such as those identified, therefore are, or became as a result, equitable interests. Estoppel Estoppel is the prevention of a course of action by a person or entity by their own prior action. An interest in land can be created in equity where a landowner creates or encourages an expectation on the part of someone that he or she will have an interest in the land. Where that person takes possession of the land and subsequently invests money in the anticipation of that expectation, then, the courts in equity will give effect to the expectation. This creation of an interest in land in equity is known as proprietary estoppel. Eviction Eviction is the removal of someone from their occupation of land or property. The term is very commonly used in connection with the eviction of squatters, but may also be used in the context of unlawful eviction and harassment. In the latter case, landlords have been held liable for attempting to drive out tenants in lawful occupation of a property. This has usually involved the landlord breaching the covenant, actual or implied by a tenancy, that the tenant should benefit from the quiet enjoyment of the property. The remedy of the tenant has generally been in damages, although statutory entitlements to damages may also be specified. Fee simple absolute The fee simple absolute, also known as the freehold, is full ownership of land in English law, providing the owner with the largest bundle of rights of ownership. In Zanzibar the nearest equivalent is a general right of occupancy, which can be transferred and inherited. Fixed Boundary The boundary between two parcels determined and defined by precise survey. Freehold, the everyday equivalent of the technical legal term fee simple absolute, is full ownership of land in English law, providing the owner with the largest bundle of rights of ownership. In Zanzibar the State owns all the land. The nearest equivalent to freehold ownership is a general Right of Occupancy, Also see Fee Simple Absolute. GIS (Geographical GIS is: a set of computer tools for collecting, storing, retrieving RLA S21
Freehold
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Information System)
at will, transforming, and displaying spatial data The development of computers and appropriate software has enabled maps to be transformed from a static past to a dynamic future. The uses to which GIS can be put reflect its capacity to model the real world and for the constituent data to be selected, interrelated, analysed and used for a specific set of purposes. BURROUGH, P. A., and MCDONNELL, R. A., 1998 The global positioning system consists of 24 satellites orbiting the earth in six orbital planes. Locations on the ground can be fixed and their coordinates calculated on the basis of signals picked up from these satellites by receivers. The high degree of accuracy and consistency of measurements using this positioning capability make it an excellent option for almost all types of geodesy and surveying, including cadastral work. UNECE, 1996 The approximate boundary between two parcels which, as far as possible, is determined by reference to physical features. Land in a legal sense is real estate. Land management is identified by the International Federation of Surveyors as follows: Land management is the process of managing the use and development of land resources. Some of the critical, and sometimes conflicting, objectives that must be addressed by land management policies today include: > improving the efficiency of land resource use to support the rapidly growing population of many countries; > providing incentives for development, including the provision of residential housing and basic infrastructure such as sewer and water facilities; > protecting the natural environment from degradation; > providing equitable and efficient access to the economic benefits of land and real estate markets; > supporting government services through taxation and fees related to land and improvements. FIG, 1991 instruments that are adopted by the state to organise land tenure and land use. Land policy will usually be guided by a set of basic principles, some of which owe their origin to international agreements, others to specific national circumstances. These principles may include: > encouragement of efficiency and promotion of economic development > promotion of equality and social justice > preservation of the environment and sustainable patterns of land use GTZ, 1998 Not all countries have a coherent, consciously integrated and formally stated land policy. Means the Land Registry as defined by Section 6 of the Registered Land Act A Cadastre which has been developed and is maintained for several different purposes, including fiscal, legal, management, and environmental. A system designed to record, store and provide not only landtenure and land valuation information, but also a wide variety of information that can be functionally linked related and referenced by property parcels Standards for Multipurpose Land Information Systems (USA) RLA S6 RLA S20
GPS (Global Positioning System)
General Boundary
Land Land management
Land policy
Land Registry
MultipurposeCadastre
Occupier Occupation Unit
The person or body currently occupying a property. That space occupied exclusively by an occupier
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More than one occupier may share the same space, especially over different periods of time. But common property is not normally part of an occupation unit. Orthophotography images using stereo pairs of aerial photographs. Orthophotography has been developed to maximise the potential use and accuracy of aerial photography. It achieves this accuracy by using stereo pairs of photographs mounted in a special machine which enables the distortion that is inherent in aerial photographs to be minimised, maintaining a constant scale across the image. These distortions result from the effects of terrain and the perspective effects inherent in the use of the camera. The digitised image is processed into a particular map projection giving a uniform scale and known accuracy. A mosaic of such photographs is used to build up an orthophotomap. GIS often uses orthophotographs to provide a rich visual context, integrated with other geographic information. DALE, P. F., and MCLAUGHLIN, J., 1990 An area of land separately delineated on the Registry Map and given a number; This is the smallest area that can be given a Parcel Identification Number (PIN) on a 2D map. All lesser interests, such as stratalots, or building units which are within a parcel have to be a subset of the parcel. However, if and when the Condominium Law is in place the building within which the strata-lots exist should also be demarcated and identified as a subset of the parcel. Parcel plan / Cadastral plan / Map A parcel plan is generally a large scale map of an area showing all of the property parcels and their use, the boundaries and the distances between them and the buildings and improvements. Generally the parcel plan includes a register of the parcels. In the context of land administration, a cadastral plan is a parcel plan. A consecutive number for each parcel within a registration block. Where parcels are amalgamated or subdivided, the old parcel number(s) will be cancelled and the new parcel(s) given new number(s) Proprietor Equivalent to what most people would call the owner. (a) (b) in relation to land or lease, the person or body of persons named in the register as the proprietor thereof, and in relation to a charge of land or of a lease, the person or body of persons named in the register of the land or lease whose favour the charge is made; RLA Definitions RLA S17(2) RLA S19 RLA 1989 Definitions
Parcel
Draft Condominium Act S3(b)
Parcel Number
Registry Blocks
Subdivisions of the Registry Sections. The blocks should correspond to the 1:2,500 map sheets, but with the edges adjusted so that they follow, as far as possible, physical subdivisions. A map or series of maps as set out by Section 17 of the Registered Land Act A way of dividing Zanzibar into units for adjudication, the same areas being used for registration. Only two sections are used: Pemba and Unguja, these cover the two main islands and the adjacent smaller islands associated with each. Means the Registrar of Lands appointed under section 7 of the Registered Land Act;
RLA 1989, s17
Registry Map
RLA S17
Registry Sections
RLA 1989, S17
Registrar
RLA S7
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Strata Lot
a horizontal subdivision of a parcel which is shown on a filed strata plan as a strata lot A non-profit making body of perpetual succession created under the Companies Act. The SLC is the owner of the buildings within which the strata lots are situated. Shares in the SLC are held in relation to either the area or value of the property held by the individual strata lot owners.
Strata lot corporation SLC
Unit
(a) a part of any property to which a Declaration relates intended for any type of independent use; and (b) one or more floors or parts thereof in a building that has direct access to a street or to common property leading to a street with any appurtenances such as a balcony, terrace or patio or any other structure such as a garage, store or parking place that may be situated in some other part of the property;
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Handbook For Land Registration in Zanzibar

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Handbook For Land Registration in Zanzibar

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HANDBOOK FOR LAND REGISTRATION IN ZANZIBAR

3.1.2 3.1.3 3.1.4 3.1.5 3.1.6

Proprietors index.............................................................................................................21 Mutation Record ...............................................................................................................21

4.1 4.2 4.3 5

MINIMUM YOU NEED TO KNOW

1 LAND ADMINISTRATION SYSTEMS

1.1.1 AUDIT TRAIL

1.1.2 DOCUMENTS ONLY

1.1.4 TEDIOUS AND EXPENSIVE

1.3 CUSTOMARY RIGHTS

1.4 RULE OF THE SWORD (GUN)

1.5.1 EXTENT BY MAP / SURVEY RECORD

1.5.2 RECORD OF RIGHTS

2 BRINGING LAND INTO REGISTRATION

2.1 RIGHTS OF OCCUPANCY

3 STRUCTURE OF THE LAND REGISTRY

Land Law and Registration Chp 17, pp 304

3.1.1 LAND REGISTERS 3.1.1.1 Terminology

Land Register (Collections)

3.1.2 DEMARCATION MAPS

3.1.3 PARCEL FILES

3.1.4 APPLICATIONS BOOK

act submitting Instruments Application submitted

[Not on Prescribed Form] Rejected [On Prescribed form]

[Lease or charge] Not in Triplicate

[Not Lease or Charge]

[Consideration or receipt missing]

[Consideration and receipt]

Not signed as required [Signed by Minister] Sealed [Signed by authorised officer]

Not signed by officer

[Signed by natural person]

Signed by Official Not signed by Gov Body Signed Governing Body

Applicant cannot be verified Has credible witness

[Not Known] Known by RoL

Stamp Duty Paid

Figure 4 Decision tree for applications to modify a Register.

Applications Book for Unguja District of Zanzibar

Monday 10th November 2008

Kasim Ali Kasim Kasim Ali Kasim

Tuesday 11th November 2008

Kasim Ali Kasim

Figure 5 Applications Book Example

3.1.5 PROPRIETORS INDEX

3.1.6 MUTATION RECORD

act Mutations Applicant Surveyor Registrar DDoSUP GovSurveyor Mapping

Prepares Plan Application

Prepares RL29 Form

Submits Form Accepted

Prepares Mutation Form

Checks Parcel Map

Meets Concerned parties Reject Mutation Returned

Provision Map Modification

Receives Approved Mutiation Form

Rejects and cancels.

Applicant Asked To Review

Instruction to amend Map

Modified Map Available

Instructed to cancel mutation

Remove Provisional Amendments Map Not Modified.

Figure 6 Mutations Process

Detailed Instructions on Mutations

2. Prepare plans of proposed mutation.

3. Prepare RL 29 form and submit to Registrar of Lands