PROPERTY TRANSFER IN ZIMBABWE FAQ

QUESTION 1: What is conveyancing?

ANSWER:Conveyancing is the legal process by which property ownership is transferred from one person to another or the granting of an encumbrance such as a mortgage or a lien

QUESTION 2: What is a Conveyancer?

ANSWER: A Conveyancer is a property lawyer who is registered as such in terms of the Legal Practitioners Act (Chapter 27:07)

QUESTION 3: Are all lawyers in private practice Conveyancers?

ANSWER: No

QUESTION 4:Who chooses the Conveyancer?

ANSWER: The property owner

QUESTION 5: If the Seller shows me a copy of the title deed as proof that the title deed is clean, is that good enough?

ANSWER: No. Whilst the property owner’s copy of the title deed may be clean, the Deeds office copy may have encumbrances

QUESTION 6: What are conveyancing fees?

ANSWER: These are the fees payable to the Conveyancer by the transferee/buyer/donee/mortgagor for the conveyancing

QUESTION 7: How are the conveyancing fees determined

ANSWER: Conveyancing fees are calculated in terms of the Law Society of Zimbabwe (Conveyancing fees) By-Laws

QUESTION 8: What should I do before buying an immovable property?

ANSWER:Engage a property lawyer to conduct some due diligence for you

QUESTION 9:If I paid for my stand/house but have not taken transfer is there any risk?

ANSWER:Yes. That is very dangerous. You are not the lawful owner of the property until you take transfer. The property can be attached and sold in execution in order to pay off the property owner’s debts