Can I register a property in the name of a minor child in Zimbabwe?

There is no limitation at law in Zimbabwe concerning the transfer or cession of immovable property to a minor. What this means is that, immovable property i.e., land can be registered in the name of a minor child and not in the name of any parent, guardian, tutor or curator, as the case may be. Similarly, a minor child in Zimbabwe is able to take possession and transfer of land which has been donated or bequeathed to him or her in Zimbabwe.

Resultantly, minor children in Zimbabwe can acquire immovable property which will be registered in their individual names. It however goes without saying that minor children cannot contract unassisted, he or she requires the assistance of a parent or guardian. Thus, when a parent or guardian enters into a legal transaction on behalf of a minor, it is the minor child, and not the guardian who acquires the rights and incurs the duties which flow from the transaction.

Disadvantage of registration a property in the name of a minor child in Zimbabwe

Did you know that in terms of section 32(2) of the Deeds Registries Regulations, 2018 no immovable property or interest in immovable property registered in the name of a minor can be alienated or encumbered unless the High Court of Zimbabwe or any judge thereof has authorised such alienation or encumbrance.

Resultantly, a parent or guardian of a minor child in whose name an immovable property is registered cannot dispose of the land without the consent of the High Court. Similarly, no tutor (either testamentary or dative), or curator (either nominate or dative) has authorization to dispose of land registered in the name of a minor without consent in terms of section 91 of the Administration of Estates Act [Chapter 6:01].

In Nemuseso v Mashita & Others 2009 (2) ZLR 298 (H) the requirements to be met in such an application were set as follows:

• (a) The reason why the property is being sold; and
• (b) How the sale of the property will benefit the minor(s).

Equally, when any bond is registered in favour of a minor child who owns immovable property in Zimbabwe, any such bond registered in favour of the minor child can only be cancelled with the consent of the Master of the High Court in terms of section 25 of Estate Duty Act [Chapter 23:03].

Who pays the costs of transferring a property in Zimbabwe?

Transfer fees in Zimbabwe are known as conveyancing fees. These costs are charged by a conveyancer i.e., a registered legal practitioner who is charged with the responsibility of attending to the transfer of immovable property in terms of a tariff of fees known as the Law Society of Zimbabwe (Conveyancing Fees) By-Laws, 2024.

A Conveyancer is appointed by the Seller and represents a Seller in the transfer of the property to the Purchaser. Resultantly, it is the Purchaser (Buyer) who has an obligation to pay the costs of transferring a property in Zimbabwe. Put differently, the conveyancer is appointed by the Seller and paid by the Purchaser.

It is equally important to note that the Law Society of Zimbabwe (Conveyancing Fees) By – Laws is a fixed tariff which is applied by all law firms, whether they are well-established or small and up-coming firms. In terms of the law and practice in Zimbabwe there can be no ‘discounts’ to conveyancing fees.

The High Court in Scapelox Trading (Pvt) Ltd v Mashangwa Family Trust & Others 2014 (1) ZLR 229 (H) held that:

“…undercutting in conveyancing has become a thorny problem in this jurisdiction. Quite often legal practitioners find themselves having to undercut in conveyancing fees because of the cut-throat competitive nature of this country’s conveyancing practice, usually pitting established law firms, who have enjoyed a monopoly in that field, against small and upcoming firms. The latter firms usually fall into the temptation of accepting to undertake transfers at far less than the tariff prescribed by the Law Society of Zimbabwe, in order to attract clients. This is a shameful practice which has no place in our legal system.”

Furthermore, conveyancers in Zimbabwe are also obliged to add Value Added Tax (VAT) for conveyancing services in their invoices.

Can foreigners buy property in Zimbabwe?

Yes, foreigners (whether legal entities or natural persons) can buy property in Zimbabwe. There is in general no limitation vis-à-vis the types of real estate which can be acquired by non – residents i.e., commercial, industrial or residential that a foreign can buy. However, the only limitation concerning property concerns the acquisition of ‘agricultural land’.

Non – residents must ensure that they comply with local legislation regarding the acquisition of property in Zimbabwe. Thus, foreigners i.e., non – residents / non – citizens of Zimbabwe can acquire, hold, occupy, use, hypothecate, lease and / or dispose of all forms of property whether individually or in association with others.

Can one transfer a property into a Trust in Zimbabwe?

Yes, one is able to transfer a property whether movable or immovable into a Trust, more often than not a Family Trust. The process of transferring a property into a Trust in Zimbabwe like other countries is a formal process effected by the signing of the relevant and / or necessary documents. The following are some of the steps to be followed:

(a) Obtain professional advice

The first step is to obtain legal advice from a duly registered legal practitioner concerning the advantages and disadvantages of trusts. This could be in the form of a physical or virtual consultation. It is also possible to obtain a legal opinion which will guide you through the entire process. Professional advice whilst costing money in the short term, could save you a lot of money in the long run.

(b) Creation of the Family Trust

The second step is the establishment and / or registration of a Deed of Donation Trust i.e., a Family Trust into which the property will be ceded, donated and / or transferred to. The Trust Deed will contain information concerning its purpose and objectives, the founder, the trustees, the intended beneficiaries as well as provide for the management of its affairs.

(c) Select the assets to the transferred

Once the Family Trust has been established and / or registered by the legal practitioner with the Deeds Registry in Zimbabwe (either in Bulawayo or Harare) it is prudent that the movable and immovable property which is to be transferred into the Family Trust are identified.
It is important to note that the process of identifying and listing the assets (creation of an inventory) can also be done prior to obtaining professional advice or pursuant to obtaining legal advice and the creation of the Family Trust.

(d) Obtaining the relevant documents

Following the ascertainment and identification of the assets, usually in the form of an inventory, the next step is to gather all the relevant documents concerning proof of ownership. For instance, a Certificate of Authenticity (COA) in respect of art work, a certificate of Copyright Registration in respect of copyright, Share Purchase Agreements and Share Certificates in respect of shares in business entities, a Registration Certificate in respect of vessels i.e., boats and Title Deeds in respect of immovable property etc.

(e) Transfer of title / change of ownership

The next process involves the drafting and preparation of the relevant transfer documents between the current owner(s) and the Family Trust together with the payment of any applicable fees and taxes such as conveyancing fees in respect of immovable properties, municipal rates with respect to local authorities and statutory fees payable to the Deeds Registry and the Zimbabwe Revenue Authority (‘ZIMRA’).
In Zimbabwe, a deed of donation and / or contract of donation and the subsequent delivery of the donated property are considered as two separate juristic acts. Thus, the validity of a donation is not reliant upon its delivery or registration. However, and in order to avoid challenges and or limit disputes, it is important that the property whether movable or immovable (or both) be transferred into name of the Family Trust and subsequent change of ownership.