CONVEYANCING (PROPERTY TRANSFER)

Can one buy land in Zimbabwe by way of installments?

The short answer to this question is, yes. One can buy land in Zimbabwe by way of installments. There are a plethora of cases on the subject which include Ex parte Singleton N.O. 1963 (2) SA 56 (SR), Moyo v Fraser N.O. & Another 2000 (1) ZLR 142 (H) and Moyo v Fraser N.O. & Another 2006 (1) ZLR 257 (S). Furthermore section 64 of the Deeds Registries Act [Chapter 20:05] regulates the sale of land by instalments in Zimbabwe.

In Chimprohanda v Rodriques & Others 1997 (2) ZLR 63 (H) the High Court noted that the purpose of section 64 of the Deeds Registries Act [Chapter 20:05] is to protect the position of the purchaser under an instalment sale agreement in the event of the seller’s insolvency and not to prevent the property which is the subject matter of the instalment sale agreement from being transferred to a third party pending the transfer of the property to the purchaser.

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