1. The Causa for Transfer or grant of rights in immovable property

  • In order to become a legal owner of an immovable property, there has to be a valid cause entitling you to claim transfer of ownership. The cause can be in the form of an agreement of sale, a cession agreement, a deed of donation and acceptance, a rectification agreement, an exchange agreement, a partition agreement, an inheritance distribution plan or final liquidation and distribution account or a Court Order.

2. The property must be surveyed

  • A title deed cannot be issued on a property which has not been surveyed. The actual area and beacons for the specific property must be established. When a property is surveyed a diagram is framed and the same is annexed to the title deed. In the event that there are multiple properties to be surveyed, the same can be surveyed at once and a general plan and a dispensation certificate will be issued instead of having multiple diagrams for each stand. Some of the benefits of having a property surveyed are:-
    1. You know the actual area of your property and any servitudes that are on the particular piece of land.
    2. You can easily detect any encroachment to your property by a neighbour because after survey you know the boundaries of your property.
    3. You get a title deed over property and have real rights over that property confirming legal ownership.

3. Transfer or Grant of Title.

  • Once the conditions for the causa are fulfilled the conveyancer will draw up the declarations and draft deeds to be lodged in the Deeds Registry for transfer or grant of title. The following are different types of title deeds: –
    1. Certificate of State Title – a first title deed issued to the State over state land.
    2. Deed of Grant – a first deed granted to a land owner by the Government over state land.
    3. Deed of Transfer – subsequent transfer of privately owned land between parties.
    4. Deed of Partition Transfer – subdivision of jointly or severally owned land to enable individual ownership of particular shares in that same property.
    5. Substituted title deeds;
      1. Certificate of Registered Title – entails ownership of a subdivision by the owner of the main subdivided property. There is no change of ownership.
      2. Certificate of Consolidated Title – an amalgamation of two or more pieces of land adjacent to each other owned by the same person to create one title deed.

4. Preparation of Deeds.

  • In terms of Section 13 of the Deeds Registries Act [Chapter 20:05] Deeds are prepared by a Conveyancer and at times by the Registrar of Deeds. A Conveyancer prepares Deeds of transfer with the following causa eg sale, donation, estate transfers, rectification, exchange, partition and sheriff sale. The Registrar prepares transfers mandated by a court order.

5. Registration of Deeds.

  • There are two Deeds Registries in Zimbabwe. The same are situated in Harare and Bulawayo.

In terms of Section 10(1) of the above-mentioned Deeds Registries Act [Chapter 20:05], Deeds executed or attested by a Registrar of Deeds shall be deemed to be registered upon the affixing of the registrar’s signature thereto.

Conclusion

In order for a property owner to claim that they have title over a property they must have any of the above mentioned title deeds registered at the Deeds Office in their name. A title deed over a property is registered in duplicate, Client’s copy and the Deeds’ Office copy. Having title over your property means you have real rights over that property, enjoying the property without interferences and you have collateral security for securing loans. You can unilaterally dispose, donate, bequeath or subdivide the property. Property acquisition can be an investment because land usually appreciates in value.

For women property ownership means:-

  1. Freedom in decision making over that property – if you are a sole owner of the property you independently decide what to do with your property. If you are a joint owner of a property no decision will be made over the property without your input.
  2. Financial freedom – you can cede your title deed as collateral security for loans and get capital for projects.
  3. Empowerment – women should have confidence, security, integrity and will power to own assets including land. Some of them must do away with the mentality that it’s men only who should buy and get title deeds over properties. They must fight for their rights over properties and be joint owners of matrimonial homes. Fighting the social and certain cultural myths that stigmatize women that upon death or divorce of a spouse that they are to blame because they are after inheriting the house.
  4. That they have registrable rights over properties.

Bongani Matindife
Associate
Conveyancing Department