CHAPTER 20:11

LAND OCCUPATION CONDITIONS ACT

Ords. 14/1900, 4/1902, 8/1905; Acts 37/1938 (ss. 3 and 14), 1/1954, 77/1971 (s. 22), 20/1982; R.G.Ns. 153/1963, 216/1970, 217/1970, 923/1972, 506/1973; S.I. 750/1979.

ARRANGEMENT OF SECTIONS

Section

1. Short title.
3. Terms on which occupation condition may be satisfied.
4. Proportionate discharge.
5. Elimination of occupation condition.
6. Value of buildings on land sold to count.
7. Abandonment of land.
8. Certificate of exemption.
9. Unprotected land may be declared derelict.
10. Issue of title deeds under section 5.
11. Land to which Act shall not apply.
12. Change of form of title by mutual consent.
13. Entries in books of Registrar of Deeds and their effect.
14. Stamps and fees.

AN ACT to declare the meaning of the term “occupation” with reference to grants of land in Zimbabwe; to prescribe how the condition of occupation may be eliminated from the terms of such grants; and to provide for the surrender of titles to land already granted.

[Date of commencement: 9th November, 1900.]

1    Short title

This Act may be cited as the Land Occupation Conditions Act [Chapter 20:11].

                       2    Interpretation

• Subject to section eleven, in this Act and in title deeds to land—

“occupation” means actual and bona fide farming by cultivation or with stock.

• In this Act—

“Minister” means the Minister of Lands and Water Resources or any other Minister to whom the President may, from time to time, assign the administration of this Act.

                       3    Terms on which occupation condition may be satisfied

Subject to section five, in all cases in which any title deed to land contains a condition requiring occupation the said condition shall be deemed to be satisfied in the cases following—

• whenever the owner has erected permanent substantial buildings to the value of not less than five hundred dollars upon land in extent not more than thirteen hundred hectares or in the proportion of five hundred dollars in respect of each complete area of thirteen hundred hectares:

Provided that this paragraph shall apply only to areas not exceeding thirteen thousand hectares in extent and which are contiguous, and that any land held by the same owner in excess of that amount shall remain subject to the conditions of occupation unless and until such condition is otherwise satisfied in the manner prescribed by this Act; or

• whenever in respect of each complete area of thirteen hundred hectares the owner—
  • has maintained thereon for three years not less than twenty head of horned cattle, horses, mules or asses, or otherwise one hundred and fifty sheep, goats or pigs; or
  • has enclosed in a substantial manner and had under cultivation during three years not less than four hectares of land; or
  • has enclosed in a substantial manner sufficient land and has planted thereon and maintained for three years not less than five hundred fruit or one thousand timber trees; or
  • has done and performed to the satisfaction of the President a proportionate part of the requirements of each of the subparagraphs (i), (ii) and (iii).

                       4    Proportionate discharge

Any work done in excess of the requirements of section three shall be accepted as a discharge of a proportionate part of the requirements of paragraphs (a) and (b) thereof in respect of any other land not exceeding in extent thirteen thousand hectares held by title deed by the same owner within the same district.

                       5    Elimination of occupation condition

The owner of any title deed to land subject to a condition of occupation shall, upon production of a certificate from a district administrator, district officer or other officer nominated by the Surveyor-General that the requirements of section three have been fulfilled, be entitled to obtain the elimination of the occupation condition from the grant.

                       6    Value of buildings on land sold to count

If the owner of any title deed to land granted under conditions of occupation satisfies