Conveyancing (Property Transfer).

Real Estate Law gives the legal framework for the transfer of real estate. We at Kanokanga and Partners understand Real Estate Law. Real Estate Law requires that all property transfers, registration and cancellation of mortgage bonds be attended to by conveyancers. Conveyancers are property lawyers.

Conveyancing lawyers offer expert advice and professional services in respect of immovable property. Conveyancing is a legal process whereby a person, company or trust becomes the lawful and registered owner of fixed property. Conveyancing law is concerned with the transfer of legal title of a property from one person to another. The transfer of legal title from one person to another is done by conveyancers. Unless the parties agree otherwise, the seller or transferor appoints the conveyancer.

Conveyancing fees are charged in accordance with a recommended tariff as laid down by the Law Society of Zimbabwe. At Kanokanga and Partners we assist our clients throughout the entire conveyancing journey starting with the conduct of a Deeds office search to confirm any encumbrances that may be registered against the property to the registration of the transfer with the Deeds office. We handle all aspects of conveyancing work.

Our conveyancing and property law services include but are not limited to:

• Conducting Deeds Office searches
• Drafting sale and purchase agreements and relevant legal documents for commercial, industrial and residential conveyancing transactions.
• Reviewing sale agreements.
• Mortgage bond registrations and cancellations.
• Drafting property transfer documents such as the Power of Attorney to Pass Transfer, The Seller’s Declaration, The Purchaser’s Declaration, The Draft Deeds of Transfer.
• Application for rates clearance certificates, Application for Capital Gains Tax Clearance Certificate etc.
• Applications for the replacement of lost Title Deeds and Mortgage Bonds.
• Donation transfers, Estate transfers, Sectional Title transfers, transfer of subdivisions.
• Drafting and review of lease agreements, handling landlord and tenant disputes and evictions.

There are generally no restrictions on foreigners owning immovable property in Zimbabwe. Section 71(2) of the Constitution of Zimbabwe provides that, “every person has a right in any part of Zimbabwe to acquire, hold, occupy, use, transfer, hypothecate, lease or dispose of all forms of property, either individually or in association with others”