1. Land Registration
Land Registration is the official recording of legally recognised interests in land.
Supports conveyancing and property taxation
Source of public revenue through collection of fees and transfer taxes.
The register contains information about-
People, i.e. Individuals or groups who have recognised interests in land.
The nature of these rights-Rights, Responsibilities and Restraints
The land- units of land, location, value, resources and use where appropriate.
Registration gives public notice of the existence of such legal rights.

2. Options for land Registration
Registration of Title- The register itself serves as the primary source of evidence.
Registration of Deeds- were records filed in the registry are the evidence of title.
Title Insurance- Insurance companies keep the records.
Private Conveyancing-Land transactions are handled by private arrangement.

3. Land registration in Zimbabwe
In Zimbabwe the registration of deeds system is used but some elements of title registration are also included so that the system is a hybrid of the two systems.
Documents are registered – deeds reg.
Diagrams on Trig required for registration- title reg.
There are Two deeds Registry offices in Zimbabwe one in Harare and the other in Bulawayo.
The Registry office holds copies of all documents lodged.
Duplicate copies remain with the conveyancer.
The person acquiring ownership is given a client’s copy.

4. Land Registration in Zimbabwe
Legal framework
Land registration in Zimbabwe is administered by the Deeds Registry office under the Deeds Registries Act chapter: 20:05.
Main functions of the Deeds office ( see Section 5 of the ACT)
Take charge of all records
Register grants or leases of issued by the state.
records of transactions where land is the security for an obligation
records of notarial deeds and other subsidiary documents as provided under Section 5 of the Deeds Registries act
Register any servitude, whether personal or praedial.
collects stamp duty and registration fees
Permit any member of the public to inspect the register and to make copies of the records upon payment of prescribed fees.

5. Title deeds
Deed of Grants, Deed of Transfers and all forms of certificates of Title are collectively referred to as Title Deeds.
The title deed with the diagram annexed is referred to as the Diagram Deed and that under which the owner holds the land is referred to as the Current or "Holding Deed".
Note that a holding deed and a diagram deed will be same thing when the property becomes a separate entity for the first time.

6. Important definitions
Certify - to formally declare by signing a document that it is in order.
Affidavit - is a written statement under oath signed before a witness. Such documents are normally sworn before a commissioner of oaths appointed by the Government.
Power of Attorney - the instrument or document by which the authority or power to act for another person is conferred or guaranteed.
Attest - to confirm as accurate, true or genuine i.e. to certify or testify by signature or oath. To bear witness.
Execute - to make legal or valid by fulfilling all requirements of law - to do or carry out.
Caveat - a formal notification to a court or official not to take a certain step until the notifier has been heard. A caution or a notice to beware.
Register - to record officially or formally by making entries in writing in terms of a statute or enactment that some transaction has taken place. Thus a deed of transfer is registered in a deeds registry to record that a change of ownership has become effective.

7. Types of Deeds- Deed of grant
The original title deed to a part of what was state land given to an individual for the first time.
Contents
The grantee's name,
a description of the land including name,
district,
diagram number and the area.
The diagram of the land and conditions to which the land is subject.
Executed -By someone authorized to do so on behalf of the President
Registered -By the Registrar of Deeds after the Grant has taken place

8. Types of Deeds- Deed of Transfer
Purpose- To transfer ownership of immovable property from one person to another.
Contents
The Conveyancer's name and reference to the power of attorney authorising the conveyancer to act on behalf of the transferor.
The seller or transferor's name;
the Purchaser or transferee's name,
the description of the land as set out in the deed of grant,
a reference to the title deed to which the diagram of the property is annexed,
a reference to the diagram number and the transferor's title deed number,
any special conditions,
any real rights or servitudes that the property may enjoy,
the price paid for the property.
Executed - By a Conveyancer for the transferor.
Attested - By the Registrar of Deeds and registered simultaneously.

9. Types of Deeds- Registered Title
Certificate of Registered title of a portion of a piece of land
Purpose
To allow the owner of a piece of land to acquire separate title to a portion of the land he owns.
Contents
Statement that the owner owns the whole piece of land with a full description.
Full description of portion of land with reference to district, diagram number and area.
Will always have a diagram annexed.
 Executed - By the Registrar of Deeds.
Registered simultaneously.
Not attested

10. Types of Deeds Certificate of Consolidated Title
Purpose
To enable the owner of two or more abutting pieces of land in the same Deeds Registry area to acquire title to the land as one piece.
 Contents
Issued on application by the owner.
Contains a full description of each of the components, including a reference to diagram number and the current deed,
any special conditions that may apply,
Full description of the consolidated piece of land,
Will always have a diagram annexed.
 Executed
By the Registrar of Deeds.
Registered simultaneously.
Not attested

11. Land Registration - Notarial Deed
Purpose
To register a real right in favour of a person or body corporate against a piece of land, e.g. a servitude or undivided shares (sectional title)
Contents
A full description of the land,
numbers and dates of title deeds,
full names of grantor and where possible grantee.
It may or may not have a diagram annexed to the deed.
If there is no diagram the servitude is usually one that is capable of being clearly defined verbally.
Executed By the owner of land encumbered and owner of land in favor of which or person in whose favor the servitude is being created. (this is not necessary if the servitude is in favor of the public)
 Attested By a Notary Public
Registered Registrar of deeds

12. Preparation of Deeds
All Deed of Transfers or Certificates of title subsequent to the Deed of Grant must be prepared by a legal practitioner, so should, mortgage bonds, servitudes and leases.

13. notes
A deed of grant has annexed thereto a diagram of the land to which it pertains and also contains conditions subject to which the land was granted.
In subsequent transfers or conveyances, these are incorporated by reference and not repeated verbatim.
The land can also be subject to "special conditions" which are imposed by virtue of the statutory requirements such as the Town Planning Authority and mostly concern the use of the land and less frequently by the owner in favour of a third person or other land.

14. Land registration in zimbabwe
A land register folio is opened for each piece of land, which has been granted and surveyed, and this register folio will reflect all dealings therein in summarised form including the deduction of subdivisions.
Once a transaction relating to a person has been registered in the Deeds Office, a personal register card is opened for him/her on which is entered the full names, date of birth and in the case of married women, their marital status.
Normally a woman married in community of property, cannot acquire immovable property or deal therewith as there is a community of joint estate, which is administered by the husband, but there are exceptions, for example, the husband can give consent.
All dealings in the Deeds Office by that person are then noted on his card, including any attachments.

15. Land registration in Zimbabwe
Once the transaction is registered, particulars are entered in the land register folio and personal register card and one copy returned to the legal practitioner.
From the land register folio, anyone can establish the whole history of a piece of land from time to time since it came into existence as a separate entity to the present day including such particulars as area, price paid, previous owner or owners and whether it is subject to a mortgage and the amount thereof.

16. Land Survey Act chapter 20:22
Arrangement of Sections
Administration of the Act
Duties of the Surveyor General(SG).
Survey Regulations Board.
Regulations
Recognition and Duties of Land Surveyors
Recognition as a Land Surveyor.
Training leading to recognition
Duties of Land Surveyors and non liability of the state
Suspension and cancellation of right to practice as a Land Surveyor.
Original surveys and re-surveys
Original survey of land.
Rules for arbitrators
Division surveys
Subdivision of land.
Approval of records relating to subdivision of land

17. Land Survey Act chapter 20:12
Townships
Re-survey of townships
Beacons and Boundaries
Lawfully established beacons.
Manner and cost of erecting beacons
Offences and compensation in respect of beacons and boundaries.
General Plans and Diagrams
Manner of preparing diagram.
Correction of diagram or Diagram
Cancellation or amendment of approved diagram or General Plan.
Miscellaneous
Powers of entry upon land.
An ACT to consolidate and amend the laws relating to the survey of land.

18. Definitions
Approve- the signing (by the SG) of a GP or Diagram in order to signify that the requirements of this act have been complied with.
Diagram – means a document containing geometrical, numerical and verbal representations of a piece of land forming the basis for registration of a real right framed by a land surveyor.
Minister- means the minister of lands.
Subdivision permit- means a plan to subdivide any property granted by a local planning authority.
Subdivision plan- means a plan showing the proposed layout of a proposed subdivision or subdivisions.
Title survey- survey operations carried out for the purpose of effecting registration in the deeds registry.

19. Administration of the Act Part II
Establishment of the Surveyor General’s office (section 5)
The section establishes the SG’s office and makes provisions for the appointment of the SG.
There are currently two offices, the main one is in Harare and the other in Bulawayo.
The minister may establish other offices if he deems it necessary.
A Surveyor General is appointed for each established office.
The Surveyor General shall be a public office and form part of the public service.

20. Duties of the Surveyor General
Supervise and control the survey and charting of land for purposes of registration in the Deeds office.
Supervise and control all matters pertaining to the aerial and space surveys conducted and geoinformation obtained in relation to Zimbabwe.
Take charge of all records appertaining to the survey of land for purposes of registration in the deeds registry.
Examine and approve title surveys and the associated General Plans and Diagrams ( if carried out according to the regulations).
Prepare, certify and issue at the request of any person copies of diagrams and other documents filed in his office.

21. Duties of the Surveyor General
Conduct such surveys as the Minister may direct.
Prepare such maps as the minister may direct.
Prepare and maintain lists of official control points.
Conduct elections for the election of three land surveyors into the Land Survey Regulations Board.

22. Survey Regulations Board.
The board shall consist of-
The Surveyor General
One Land Surveyor who is on the staff of the SG in Harare nominated by the minister.
One Land Surveyor who is on the staff of the SG in Bulawayo nominated by the minister.
Three land surveyors nominated by other land surveyors.
The surveyor General shall be the chairman on the board.
A quorum of the board shall be four members.

23. Regulations The board may make regulations prescribing-
The fees to be paid by an owner of land for any survey of such land.
The manner in which surveys shall be performed and the manner in which the records of such surveys shall be prepared and furnished to the SG.
The degree of accuracy to be obtained and the limits of error to be allowed in surveys.
The manner of preparing diagrams and General plans and the information to be recorded thereon.
The form and dimensions of beacons, reference marks, benchmarks and Trig. Stations.

24. Regulations The procedure to be followed in arbitration procedures.
The steps to be taken by the SG to test the accuracy of surveys.
The testing of surveying instruments.
The nature of training to be undergone by any person before such person shall be recognized as a Land Surveyor.

25. Recognition and duties of Land Surveyors
Recognition as a Land Surveyor
No person shall be entitled to practise as a land surveyor unless they have been issued with a certificate of recognition AND unless they have been registered as a land surveyor under the Land Surveyors Act.

26. Training leading to recognition
Register as a Land Surveyor in Training.
Apply in writing to the SG to be notified of the period of practical training.
The period of practical training shall be the period specified by the board in the regulations.
Undertake an examination set by the SG on the laws in force in Zimbabwe relating to the survey, registration and transfer of land.
If the land surveyor in training passes the examination they shall carry out such a trial survey as the SG may require.
If they complete the trial survey to the satisfaction of the SG, the SG shall issue them a certificate that they are entitled to be registered as a Land Surveyor under the Land Surveyors Act.

27. Duties of Land Surveyors
A land Surveyor shall-
Carry out every survey undertaken by him in such a manner as to achieve accurate results.
Be responsible to the SG for the correctness of every survey carried out by him.
Deposit with the SG such records as may be prescribed in relation to every survey carried out by him.
When required by the SG, without delay correct an error in a survey carried out by him.

28. Suspension or cancellation of the right to practice as a Land Surveyor.
A land surveyor may lose his right to practice if-
He signs a GP or Diagram the field work of which he did not personally carry out or supervise.
He signs a GP or Diagram without satisfying himself of the accuracy or correctness of the information contained thereon.
Signs a defective GP or Diagram knowing it to be defective.
Repeatedly performs defective surveys.
Makes any entry in a field book or other documents which purports to have been derived from actual measurement when it was not so derived.
Supplies erroneous information to the SG knowing it to be erroneous or without taking reasonable steps to ascertain its accuracy.

29. Unauthorised practice as a Land Surveyor
No person except a Land Surveyor shall carry out a title survey.
Any persons who contravenes this section shall be guilty of an offence and liable to a fine or to imprisonment or both.

30. Original surveys
Original surveys are survey of or on properties to which a title deed has been issued but of which no approved diagram exists.
Special requirements to be transmitted to the SG by the Land Surveyor-
His certificate that that the beacons of the property are constituted in accordance with the regulations and a minute description of the beacons as he found them.
Original or copies of the original records and such other proofs of the accuracy of the survey and of the correct identification of the original beacons as the SG may direct or the land surveyor may deem necessary.
Beacon agreement form.
Certificate that the boundaries have not been altered deliberately to effect a transfer.

31. Original surveys
If a contiguous owner objects to the boundaries adopted in an Original survey he/she may lodge their objections in writing to the SG within a stipulated period.
If the owners agree to accept the award arbitrators the SG will appoint such arbitrators as he deems necessary.
The award of the arbitrators shall be final.
What happens when a contiguous owner refuses to go to arbitration ????

32. Rules for arbitrators
Arbitrators are appointed when there is dispute concerning the position of a beacon or boundary.
In deciding the true and correct position of a boundary the arbitrators shall be guided by the following principles.
The original beacons as erected or adopted at the original survey if any shall be deemed to define the true boundaries even though they may not correspond with the original diagram or the extent of land which the title deed purports to convey.
When a beacon have, for an uninterrupted period of not less than thirty years, being recognised by the parties to the dispute as the true and correct beacons such beacon shall be taken to be the original beacons.
If any land included within the original boundary has afterwards been included within the boundaries of a later grant the right to the overlap conferred by the older grant shall prevail.

33. Division survey
Division surveys are carried out to create one or more subdivisions of the parent property.
The procedures to be followed when land is to be subdivided depends on whether the land is State land, Municipal land or private land.
State land
The minister responsible for the administration of such land shall forward to the SG two copies of the subdivision plan and the SG shall instruct a land surveyor to undertake the survey.
Municipal land
The local planning authority shall forward a copy of the subdivision plan to the SG and to the register of deeds and shall instruct a land surveyor to undertake the survey.
Private land.
The owner shall first apply to the local planning authority for a subdivision permit.
If the permit is granted the planning authority will forward a copy of the subdivision plan to the SG and to the registrar of deeds.
Owner instructs a land surveyor to undertake the survey.
The SG shall then advise the land surveyor authorised to undertake the survey on his requirements in relation to the Diagrams and/or GPs.

34. Approval of Survey Records
The land surveyor shall carry out the survey and deposit the relevant records to the SG within one year of the granting of the permit.
The SG examines the records and compares them with the subdivision plan.
If he approves the survey, he shall forward the diagrams and/or GPs to the register of deeds and notify the relevant planning authority of his approval.
Why is it necessary for the SG to notify the registrar of deeds and the local planning authority of his approval???

35. Beacons and Boundaries
A beacon shall be deemed to be lawfully established if it appears on an approved GP or Diagram.
A lawfully established beacon is impeachable i.e. its position shall not be capable of being brought into question in any court.
Beacon erection.
All beacons placed in a title survey shall be placed in position under the supervision of a land surveyor.
The manner in which the beacon is constructed and the materials used shall be as prescribed in the regulations.
The cost of determining the position of and the construction of a beacon is borne by the owner of the land.
It is unlawfully to place a fence post or any other erection or to make any excavations within one metre of any beacon except in the case of stands in a township or plots of area not exceeding 10 hectares.

36. Beacons and Boundaries
Every owner of land shall maintain in proper order and repair any beacon defining a corner point of such land.
If a beacon or mark has not been maintained in proper order the SG may serve upon the owner(s) a notice calling upon him to restore such beacon.
Provided that such restoration shall be carried out by a land surveyor.
Any person who alters, moves, disturbs or wilfully damages or destroys any beacon shall be guilty of an offence and liable to a fine or imprisonment or both.

37. Authority to remove beacons
When any person wishes to remove beacons in the course of carrying out any works which they may lawfully do they shall apply to the SG for permission to remove the beacons.
The SG shall at the expense of the applicant employ a land surveyor to supervise the removal and the subsequent re-erection of the beacon.

38. General plans and Diagrams
Every GP or Diagram submitted to the SG for approval shall be prepared in accordance with the regulations.
No GP no Diagram shall be accepted in the Deeds registry unless it has been approved by the SG.
No diagram shall be approved by the SG unless it has been prepared under the supervision of a land surveyor.

39. Dispensation of diagrams
Where the SG has approved a GP, he may dispense with the diagrams of all or some of the pieces of land represented on that GP.
Where the SG has dispensed with diagrams, he shall issue a certificate to the registrar of deeds setting out, in respect of the land to which the certificate relates-
Its area
The description of the land
A reference to the GP.

40. Powers of entry
The SG and Land Surveyors have the following powers of entry for the purpose of performing their duties.
Enter upon any land with such assistants and instruments as are necessary for the performance of those duties.
Place or erect any permanent beacon, or any temporal flag, signal or other mark upon such land.
Make use of any natural materials upon which no work has been expended and of any water upon or in such land.
Cut any vegetation growing wild in the vicinity of any survey mark for the purpose of enabling observations to be made.
Enter at all reasonable hours any building or enclosed place.

41. Land surveyors Act
An ACT to provide for the registration of Land surveyors, Land Surveyors in Training, Land survey technicians and Non Practising Land Surveyors and to provide for the creation of the council of land surveyors and for its functions.

42. Council of Land Surveyors
The council shall consist of seven members of whom
one member shall be the SG,
Two members shall be appointed by the minister,
Four members shall be elected by persons who are land surveyors.
The chairman shall be elected by the members.
Five members shall form a quorum.

43. Register and Registration
The council shall employ an officer to be known as the Registrar of land surveyors.
The registrar shall maintain a register to be known as the register of land surveyors in which he shall record the particulars of every person who is registered as a Land Surveyor, Land surveyor in Training, land survey technician or Non practising land surveyor.
The register shall be kept at the head office of the council and shall be open inspection during office hours by any member of the public .

44. Registration of Land Surveyors
Any holder of a certificate issued in terms of the Land Survey Act and who have signed a declaration in terms of the second schedule to this Act may apply in writing to the Registrar for registration as a land surveyor.
The application shall be accompanied by-
the prescribed initial registration fees.
The applicant’s certificate and declaration.
Such other evidence showing that the applicant is fit and proper person to be registered
The registrar shall forward the application to the council for consideration.
If the council is satisfied that the applicant is a fit and proper person to be registered the council shall grant his application and the registrar shall register the applicant.

45. Registration of Land surveyors
Where the council decides to reject the application, the council shall instruct the registrar to inform the applicant of its decision and the reason therefor and to advise the applicant that he may within 30 days lodge an objection with the council against its decision.
If the applicant lodges an objection the council shall afford the applicant a chance to appear and be heard before it.
If the council rejects the application after the presentations the applicant may make an appeal to the High court.
The registrar shall comply with any decision made by the high court.