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A Title deed is a registered legal document which evidences ownership in respect of a defined piece of land or building (immovable property). Title deeds are also referred to as Deeds of Transfer, Deeds of Grant or Certificates of Registered Title.
The Title Deed includes the following information;
- A description of the property, with its size, boundaries and exact position.
- The name and identity number of the person or persons who legally own the property. It is possible to have more than one owner on a title deed.
- Any factors that could restrict the sale of the property, for example, mortgage bonds or caveats registered over the property.
- An official Deeds Registry Office seal to indicate that the deed has been recorded.
- Details of any access or other rights (sometimes known as ‘servitudes that come with a building or land)
If you are considering buying property in Zimbabwe, one of the first things you should do is to check whether the property is privately owned and if it has a Title Deed.
The best way to confirm registration of the property is through the Deeds Registry by conducting a “Title Search” or “Deeds Search”. The process is also known as due diligence. This will put you at ease knowing that the property you want to purchase legally exists, if it has any encumbrances registered over the property, and most importantly that it is being sold by the rightful owner. See also: Countering fraud over title deeds
There are two Deeds Offices in Zimbabwe:
HARARE: Century House, East 38 Nelson Mandela Avenue,
BULAWAYO: Tredgold Building, 2nd Floor, Room 222, Fort Street/L.Takawira Street
The Deeds Search will give you all the important information which will be useful to you, including:
- Who the registered owner is
- The full description of the property – which will state where the property is physically located; the size of the property and any conditions attached to the property
- When the property was transferred and the reason for transfer
- Any encumbrance or Mortgages on the property
It is also very important to check for any registered encumbrances or caveats on the title deed. An encumbrance is a restriction or limitation, such as an easement, mortgage, covenant, change or other liability, on the title of a property that impedes its use or transfer by giving someone else an interest or right in that property. Sometimes it may be possible to get a specific encumbrance removed, but sometimes this may not be possible, and this could have serious consequences for the future value of the property.
Confirmation of Title Deed through Deeds Search and checking on all the necessary information is an important exercise that will assist you in making a decision on buying a particular property.
