Advanced Law indaba

Question...
A pregnant Zambian woman who had travelled to the USA for a visit gets on a plane back to Zambia. The Plane takes off from the US and as it flies over Congo, she gets into labour and gives birth to a baby boy whilst still on the plane. 20 minutes later, the plane lands in Zambia and she is taken to Zambian hospital for further treatment. Legally speaking, would you consider the child to have been born in the USA, Congo or Zambia in determining citizenship by birth?😅

Buying Land? Protect Yourself from Scams by Taking These Essential Precautions

Land fraud is common and costly. Before you part with your hard-earned money, ensure you take the following steps to safeguard your investment:

1. Conduct a Physical File Search at the Ministry of Lands:

Before signing any contract of sale, request copies of the seller’s NRC or ID and the Certificate of Title. Conduct a search on the physical file at the Ministry of Lands and confirm that the seller’s identity details and title particulars exactly match what is on record. Any inconsistency, no matter how small, is a red flag. Do not proceed with the purchase until those inconsistencies are resolved.

2. Obtain a Computer Printout from the Ministry of Lands:

For a small fee, the Ministry issues a computer printout showing the full transactional history of the property. Use it to confirm that the seller is the lawful owner and that the land is free from encumbrances such as mortgages, caveats, or disputes.

3. Carry Out Beacon and Boundary Verification:

Engage a registered land surveyor to verify that the land on the ground corresponds with what is described on the Certificate of Title and to clearly identify the property boundaries. This step helps prevent future boundary disputes and costly litigation.

4. Make Independent Enquiries from Neighbours and Occupants:

If the property has occupants, establish the nature of their interest. Do not assume they are mere tenants. Where possible, also enquire from neighbouring property owners whether they know the seller to be the true owner.

5. Lodge a Caveat Immediately After Signing the Contract:

Once the contract of sale is executed, promptly place a caveat on the property. A caveat protects you against double sales and prevents the seller from using the land as collateral without your knowledge.

6. Avoid Paying the Full Purchase Price at Once:

Unless exceptional circumstances apply, pay the purchase price in instalments. This allows you to begin the title transfer process before full payment and reduces the risk of the seller disappearing after receiving the entire amount.

7. Engage a Lawyer Where Possible:

If your resources allow, instruct a lawyer to guide you through the transaction. Professional legal assistance significantly reduces risk and ensures compliance with all legal requirements.

A little diligence today can save you years of disputes tomorrow.