Land Law
What this domain tests
Land law tests tenure, registration, dealings in land and dispute resolution under the Land Act 2016 and the Customary Land Act 2016, together with related planning and acquisition legislation.
Core rules
- Land in Malawi is categorised as public, private or customary. Customary land is held by communities and administered through customary land committees and traditional authorities; it is not simply state land.
- The 2016 statutes modernised adjudication, registration and management. A certificate of title is strong evidence of ownership, but fraud, overriding interests and statutory exceptions can qualify it.
- Dealings such as leases, charges, easements and transfers must comply with the statutory formalities and be registered to bind third parties.
- Customary land may be converted to private land through the prescribed allocation and registration process, with community consent safeguards.
- Disputes may go before customary or specialised land adjudication bodies, with appeal or review to the courts.
Worked example
A registered proprietor sells land to a buyer but does not register the transfer. The buyer takes possession and builds. The seller then charges the land to a bank, which registers the charge without notice. The bank's registered interest is likely to prevail over the unregistered buyer, who must pursue contractual remedies against the seller. Registration, not possession alone, determines priority in the registered system.
Traps
Do not describe all customary land as public land. Do not ignore the registration requirement for leases and charges. Do not treat a certificate of title as absolutely indefeasible where fraud or overriding interests are pleaded. Do not confuse a lease with a licence.