Prime Minister's Order governing Registrars of Land Titles

Prime Ministers Order 22 of 2022


Rwanda

Prime Minister's Order governing Registrars of Land Titles

Prime Ministers Order 22 of 2022

The Prime Minister;Pursuant to the Constitution of the Republic of Rwanda of 2003 revised in 2015 especially in Articles 119, 120, 122, and 176;Pursuant to Law n° 27/2021 of 10/06/2021 governing land, especially in Article 15;On proposal by the Minister of Environment;After consideration and approval by the Cabinet, in its meeting of 09/04/2022;ORDERS:

Chapter One
General provisions

Article One – Purpose of this Order

This Order determines the duties, powers and functioning of the registrars of land titles.

Article 2 – Definitions

In this Order, the following terms have the following meanings:territorial location: a territory in which a registrar of land titles operates, which is determined in accordance with the powers vested in him or her;Authority: the State organ in charge of land management and use.

Article 3 – Registrars of land titles

Registrars of land titles are the following:the Chief Registrar of land titles;the Deputy Chief Registrar of land titles;the Head of a department in charge of land registration within the Authority;a registrar of land titles at the level of territorial location.

Article 4 – Establishment of the Council of registrars of land titles

The Council of registrars of land titles is established, designated as “Council” for the purpose of this Order, and composed of all the registrars of land titles.

Chapter II
Duties and powers of registrars of land titles

Section One – Duties

Article 5 – Duties of the Chief Registrar of land titles

The Chief Registrar of land titles has the following duties:to be the head of registrars of land titles;to convene and chair meetings of the Council;to coordinate activities of registrars of land titles;to supervise land registration in all territorial locations;to register State land;to be custodian of a copy of the land register;to keep record of land allocated to Rwanda by other States;to record, in the land register, State organs granted with rights to use State land;to provide information related to land ownership, in accordance with relevant laws;10ºto establish guidelines on land services provided by individuals;11ºto designate a registrar of land titles to assist another registrar of land titles in another territorial location, if necessary;12ºto issue technical instructions related to land management and use.

Article 6 – Duties of the Deputy Chief Registrar of land titles

The Deputy Chief Registrar of land titles has the following duties:to perform duties of the Chief Registrar of land titles, if he or she is absent;to perform another duty as may be assigned by the Chief Registrar of land titles, in line with the duties of registrars of land titles.

Article 7 – Duties of the Head of Department in charge of land registration within the Authority

The Head of Department in charge of land registration within the Authority has the following duties:to perform duties of the registrar of land titles at the level of territorial location, if he or she is absent;to perform duties of the Chief Registrar of land titles, in line with the duties of registrars of land titles, if the Deputy Chief Registrar of land titles is absent;to perform another duty as may be assigned by the Chief Registrar of land titles, in line with the duties of registrars of land titles.

Article 8 – Duties of a registrar of land titles at the level of territorial location

A registrar of land titles at the level of territorial location has the following duties:to coordinate activities related to land registration within his or her territorial location;to advise the Mayor of the District with legal personality or the Mayor of the City of Kigali on matters relating to the management of duties of staff in charge of land administration;to monitor activities of land notaries operating in his or her territorial location;to ensure maintenance of the land register;to issue certificates of land registration;to perform another duty as may be assigned to him or her by the Chief Registrar of land titles.

Article 9 – Duties of the Council

The Council has the following duties:to cause deletion of a dispute which was registered during the systematic land registration, if it is evident that the person who registered the dispute did not do anything to resolve it;to decide on conversion of the freehold to emphyteutic lease, in case not requested for by the land owner;to consider and approve instructions of the Chief Registrar of land titles;to resolve any other issue that the Chief Registrar of land titles may submit to the Council.

Section 2 – Powers

Article 10 – Powers of the Chief Registrar of land titles

The Chief Registrar of land titles has the following powers:to register land across the territory of the country;to issue instructions determining modalities of collaboration between registrars of land titles;to sign on the certificate of registration of land concession and the certificate of registration of State land lease for strategic investment;to sign land titles and land ownership contracts;to terminate the land ownership contract;to provide access to information related to land ownership, in accordance with relevant laws.

Article 11 – Powers of the Deputy Chief Registrar of land titles

The Deputy Chief Registrar of land titles has the same powers as the Chief Registrar of land titles, as long as performing his or her duties as provided for by this Order.

Article 12 – Powers of the Head of Department in charge of land registration within the Authority

The Head of Department in charge of land registration within the Authority has the same powers as registrars of land titles, as long as performing his or her duties as provided for by this Order.

Article 13 – Powers of a registrar of land titles at the level of territorial location

A registrar of land titles at the level of territorial location has the following powers:to issue technical instructions to the District and Sector staff in charge of land administration and individuals who provide land services;to control performance of the District and Sector staff in charge of land administration and individuals who provide land services;to sign land titles;to sign land ownership contracts;to cancel land registration in accordance with relevant laws;to convert the freehold to emphyteutic lease, upon request by the land owner;to update the land registry in accordance with relevant laws;to provide information related to land ownership, in accordance with relevant laws.

Article 14 – Powers of the Council

The Council has the following powers:to analyse and decide on issues related to land registration;to decide on issues related to the fulfilment of duties of registrars of land titles;to decide the cancellation of land registration, as provided for by relevant laws.

Chapter III
Functioning of registrars of land titles

Article 15 – Guiding principles in the functioning of registrars of land titles

Guiding principles in the functioning of registrars of land titles are the following:swearing to fulfil duties, through the oath of public officials, before taking office;performing duties independently, in line with relevant laws;operating in respective territorial locations in line with their respective powers or instructions of the Chief Land Registrar of land titles;collaborating with the District and Sector staff in charge of land administration and individuals who provide land services.

Article 16 – Reports of registrars of land titles

A registrar of land titles at the level of territorial location submits to the Chief Registrar of land titles a report on the issuance of land titles and subsequent problems, every quarter and when necessary.The Chief Registrar of land titles submits to the Minister in charge of land a report on the issuance of land titles and subsequent problems, every quarter and when necessary.

Article 17 – Meeting of the Council

The meeting of the Council is held once a quarter and when necessary.The meeting is convened and chaired by the Chief Registrar of land titles.Registrars of land titles elect, annually, a rapporteur of the Council, among registrars of land titles at the level of territorial location.

Article 18 – Invitation of a resource person to the meeting of the Council

The Chief Registrar of land titles may invite a resource person to the meeting of the Council, from whom, the Council may seek advice on a certain item on the agenda.The invited person is not allowed either to follow debates on other items of the agenda, or to vote.

Article 19 – Personal interest on issues under consideration

A registrar of land titles is not allowed to attend a meeting of the Council—if the meeting considers an item of his or her personal interest;if a registrar of land titles, his or her spouse, ascendant, descendant, collateral or in-law up to the second degree, has personal interest on issue under consideration by the Council.

Article 20 – Making and implementing resolutions of the meeting of the Council

Resolutions of the meeting of the Council are taken by consensus and implemented by the relevant registrar of land titles.

Chapter IV
Final provisions

Article 21 – Authorities responsible for the implementation of this Order

The Minister of Public Service and Labour and the Minister of Environment are entrusted with the implementation of this Order.

Article 22 – Commencement

This Order comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda.
▲ To the top

History of this document

18 August 2022 this version
12 August 2022
Assented to