Laws of Malawi

ADJUDICATION OF TITLE

Muli bwanji!Lilongwe

CHAPTER 58:05
ADJUDICATION OF TITLE

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY AND APPLICATION

    1.    Short title

    2.    Interpretation

    3.    Application

PART II
OFFICERS

    4.    Appointment and general powers of officers

PART III
CLAIMS AND DEMARCATION

    5.    Adjudication sections

    6.    Notices by Adjudication Officer

    7.    Staying of land suits

    8.    Claims and attendance

    9.    Safeguarding of rights of absent persons and minors

    10.    Notice of demarcation and recording

    11.    Indication of land claimed

    12.    Special powers of Demarcation Officer

    13.    Duties of the Survey Officer

    14.    Duties of the Recording Officer

    15.    Disputes

PART IV
PRINCIPLES OF ADJUDICATION AND PREPARATION OF ADJUDICATION RECORD

    16.    Principles of adjudication

    17.    Rules to be followed in adjudication

    18.    Adjudication Record

    19.    Notice of completion of Adjudication Record

PART V
OBJECTIONS AND FINALITY

    20.    Objection to the Adjudication Record

    21.    Procedure in hearing objections

    22.    Correction of Adjudication Record

    23.    Finality of Adjudication Record

PART VI
APPEALS

    24.    Appeals

PART VII
MISCELLANEOUS

    25.    Fees

    26.    Offences

    27.    Indemnity of officers

    28.    Regulations

    An Act to provide for the adjudication of rights and interests in land, other than customary land, and for matters connected therewith and incidental thereto

18 of 1971
26 of 1988

PART I
PRELIMINARY AND APPLICATION

1.    Short title

    This Act may be cited as the Adjudication of Title Act.

2.    Interpretation

    In this Act, except where the context otherwise requires—

    “adjudication area” means an area to which this Act has been applied under section 3;

    “Adjudication Officer” means an Adjudication Officer appointed under section 4;

    “Adjudication Record” means the Adjudication Record prepared in accordance with the provisions of section 18 in respect of an adjudication section;

    “adjudication section” means an adjudication section declared under section 5;

    “charge” bears the meaning ascribed to that word by the Registered Land Act;

    “Deeds Registrar” bears the meaning ascribed to that term by the Deeds Registration Act;

    “Demarcation Map” means a demarcation index map prepared under section 13 in respect of an adjudication section;

    “Demarcation Officer” means a Demarcation Officer appointed under section 4;

    “easement” bears the meaning ascribed to that term by the Registered Land Act;

    “guardian” means any person (whether under customary law or otherwise) responsible for protecting the interests of any person who is under a disability, whether by reason of age, unsoundness of mind or any other cause;

    “interest in land” means any right or interest in or over land which is capable of being recorded under the provisions of this Act;

    “land” includes land covered with water, all things growing on land, buildings and other things permanently affixed to land;

    “piece” means a piece of land separately shown on a Demarcation Map and thereon given a number;

    “profit” bears the meaning ascribed to that word by the Registered Land Act;

    “Recording Officer” means a Recording Officer appointed under section 4;

    “the register”, “to register”, “registered” and “registration” bear the meanings ascribed to those terms by the Registered Land Act;

    “Registrar” bears the meaning ascribed to that term by the Registered Land Act;

    “Survey Officer” means a Survey Officer appointed under section 4.

3.    Application

    (1) Whenever it appears expedient to the Minister that the adjudication and registration of rights and interests in land, not being customary land, in any area, should be effected the Minister may, by Order published in the Gazette, declare that this Act shall apply to that area and thereupon that area shall become an adjudication area.

    (2) Any Order under this section shall define the situation and limits of the adjudication area to which it relates either by means of a plan or by a description, or by both, and the Minister may at any time, by Order published in the Gazette, vary the limits of the adjudication area.

PART II
OFFICERS

4.    Appointment and general powers of officers

    (1) Whenever an Order made under section 3 is published, the Minister shall appoint an Adjudication Officer for the adjudication area it declares and such Demarcation Officers, Recording Officers and Survey Officers as may be necessary for performing the duties and exercising the powers imposed and conferred upon them by this Act in relation to such area.

    (2) The Adjudication Officer shall, subject to the directions (whether general or special) of the Minister, be in charge of the adjudication under this Act of rights and interests in land in the area for which he is appointed and may issue such general or special directions as he thinks necessary to the other officers appointed under subsection (1) for…

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