Joint Property Ownership in Zimbabwe

In Zimbabwe it is possible for parties to own a property jointly. Where an immovable property is jointly registered in the names of the parties with the Registrar of Deeds the implication is that each party holds a 50 – 50 stake in the property. The presumption is strengthened, particularly, where the parties are married to each other at the time ownership is acquired. see Lafontant v Kennedy 2000 (2) ZLR 208 (S) 284.

The Supreme Court in Ncube v Ncube 1993 (1) ZLR 39 (S) 46 held that:

“It is true that joint owners of property own each and every part of the property equally and, therefore, own equal shares in the value of the property….”

Joint property ownership in Zimbabwe is a common occurrence. Joint owners are also known as co-owners. All co-owners of property in Zimbabwe are entitled to a share in the whole of the property. No co-owner has a jus abutendi in respect of it. Thus, a joint owner / co-owner of a property in Zimbabwe may not prevent the other co-owner from using the joint property reasonably and in proportion to his or her undivided share. For instance, a joint owner cannot introduce an innovation or change in the nature of the occupation of the property without the consent of the other co-owner. Similarly, a co-owner of a jointly owned property in Zimbabwe cannot permit strangers to share in the use of the jointly owned property without the consent of the other co-owner. see Masubey v Masubey 1993 (2) ZLR 36 (H) 38E.

Joint owners of immovable property in Zimbabwe may regulate their rights and duties in respect of the joint property by agreement. However, in the absence of any agreement, the common law principles regarding joint ownership apply. The learned author HJ Delport, South African Property Practice and the Law: A Practical Manual Practitioners (Juta & Co 1987) at 28 – 29 listed the common law principles as follows

Each joint owner is entitled to make reasonable use of the property in accordance with the object for which the property is intended to be used. Thus, where A and B are joint owners of a farm in equal shares, each can farm on the property provided they do not act unreasonably. It would for example, be unreasonable for A to plant crops on 90% of the farm, thereby drastically restricting B’s use of the property…

One joint owner cannot prevent another joint owner from using the joint property, for example by locking a gate of the farm to jointly owned premises without giving the other joint owner a key. He cannot allow strangers to share in the use of the property without the consent of all the other joint owners. Thus, where A and B jointly purchase a farm, B cannot allow C to graze cattle on the farm thereby restricting A’s use of the farm. Similarly, if A and B let a sectional title unit which is jointly owned by them in equal shares, each is entitled to half the rental. However, B cannot compel A to share the full rental with a third party who is not a joint owner of the unit.

All joint owners must share in the profits derived from the property. However, if the joint owners have divided the use of the property so that each has a defined portion for his own exclusive use, the profits made from such use need not be shared. If one joint owner makes a profit from an unreasonable use of the property, this must be shared with the joint owners.”