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CONVEYANCING (PROPERTY TRANSFER)
Does one become the owner of an immoveable property upon signing a sale agreement in Zimbabwe?
Whether one is based in Zimbabwe or is based in the diaspora, it is important to know the legal rights that flow after one has signed an agreement of sale of an immovable property in the country.
An agreement of sale does not confer ownership of rights to the purchaser. The ownership of rights in an immovable property is conferred on a purchaser by transfer and registration of title with the Registrar of Deeds.
In Takafuma v Takafuma 1994 (2) ZLR 103 (S) 105H – 106A, the Supreme Court held that:
- “The registration of rights in immovable property in terms of the Deeds Registries Act [Chapter 139] is not a mere matter of form. Nor is it simply a device to confound creditors or the tax authorities. It is a matter of substance. It conveys real rights upon those in whose name the property is registered.”
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