Resource information
This Act makes provision for a wide variety of matters relating to land tenure and reform in Lesotho including the definition of rights in land, allocation of land in rural areas, grant of title in land, vesting of land in authorities, government acquisitions and acquisition and expropriation of land for public purpose, grant of long-term leases and regularization and adjudication of title in land, including resolution of disputes by specialized land courts established under this Act. All land in Lesotho is vested in the Basotho Nation and is held in trust by the King. A person shall not hold any title to land except as provided for under this Act. Where the customary law is inconsistent with this Act, this Act shall prevail.A lease or allocation shall be subject to specified overriding interests, even if such interests have not been recorded in the Deeds Register or record of allocation. Overriding interest include: (a) water rights; (b) any rights to mines, minerals, coal, mineral oil, or gas; (c) any flora or fauna naturally occurring or present on the land; (d) any paleontological or archaeological remains; (e) rights of compulsory acquisition, sale, resumption, entry, search and user conferred by any other written law.The Act defines the persons who may hold title to land. The office of Commissioner of Lands established in the public service shall continue in existence.As for the allocation of land in rural areas, the Minister may, by notice published in the Gazette, define the boundaries of a rural area. The power to allocate and to revoke allocations to land shall be exercised by the local authority having jurisdiction in the area in consultation with the chief having jurisdiction in the area. An allottee of land used for agricultural purposes may apply to the Commissioner for the issue of a lease in respect of that land.
Repeals: Land Act, 1979 (Act No. 17 of 1979). (1979)
