Summary note:

• Overview
• Regulatory laws
• Goals of Registration
• Registration of deeds/documents
• Registration of titles

OVERVIEW

Registration is the process of recording interests in land so as to facilitate ascertainment of these interests through searches for effective conveyancing. Once carried out, registration has the effect of passing an interest in land from one party to another. This process has become increasingly important owing to the contemporary highly mobile and industrialized society.

REGULATORY LAWS

• Valuers Registration Act 5/2015 2.
• Commission for Lands Act 6/2015 3. Land Tribunal Act 7/1994 (R.E. 2015)
• Land Tenure Act 12/1992 (R.E. 2015) 5. Zanzibar Condominium Act 10/2010 6.
• Registered Land Act 10/1990 7.
• Land Survey Act 9/1990 8.
• Land Adjudication Act 8/199

GOALS OF REGISTRATION

• To  remove the necessity for title deeds and

• To remove the necessity for searches, making conveyancing easier since all information is on the land certificate.
• Security of tenure.
• Reduction of litigation.
• Preventing fragmentation of land.
• Facilitation of tax administration.
• Administration of loan system.

REGISTRATION OF DEEDS/DOCUMENTS

Under the registration of deeds, a public register is kept in which documents affecting interests in land are copied or abstracted. Consequently, it is the document or the deed that is registered and not the title.

The document that is referred to here is the document/deed evidencing the disposition of an interest in land.

Before a transaction can be safely effected, an ostensible proprietor must first establish the good root of the title. The import of this is that a search must be effectively done to ensure that a purchaser gets good and authentic title to property proposed to be purchased

REGISTRATION OF TITLE

Under this system, a register of titles serves as an authoritative record of the rights to clearly defined units of land as vested for the time being in some particular person or body, and of the limitations if any, to which these rights are subject.

When the property is recorded on the register, the land registrar checks the details of the property. If the registrar is satisfied that the title is in order then the current legal owners will be entered on the register as the registered proprietors.

The registrable transactions are thus registered against each title document kept in the registry and a memorandum thereof is endorsed on the register and on the grant/certificate issued to the proprietor.

ASPECTS OF A GOOD REGISTRATION SYSTEM

• Accuracy- a good registration system must be accurate and reliable.

• Simplicity– a good registration system must be simple to understand and to grasp.

• Cheapness- the fees of registration and preparation of documents should not be expensive

• Prohibitive and should be well within the reach of the average landowner.

Disclaimer: This article is authored by Faridi Bakari Chambali, from Rive & Co, a new and innovating law firm as a result of the partnership between ABC Attorneys, Stallion Attorneys and Sepia Attorneys, built on the foundation of trust, credibility, and novelty, offering expert legal solutions. This Article is for informational purposes only and should not be construed as legal advice. It is recommended to consult with a qualified legal professional for advice specific to your situation.