CONVEYANCING (PROPERTY TRANSFER)

Cession Agreement or Sale Agreement in Zimbabwe

There is a legal distinction between a Cession Agreement and a Sale Agreement in Zimbabwe. Ownership of immovable property in Zimbabwe is passed through registration in the Deeds Registry and is proved by producing a Deed of Transfer. On the other hand, a Cession of Rights transfer rights acquired through cession of rights in immovable property. Registration of cession does not take place in the Deeds Registry, but registration of cession of rights in Zimbabwe is proved through registration of a cession at a local authority. see CBZ Bank Ltd v Moyo & Another 2018 (1) ZLR 178 (S). It is therefore misleading for parties to refer or to regard a Cession Agreement as a Sale Agreement in Zimbabwe. Cession of rights over immovable property does not result in ownership being passed from one person to the other. It simply passes limited rights. see Gomba v Makwarimba 1992 (2) ZLR 26 (S) 27G – 28B.

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