
CONVEYANCING (PROPERTY TRANSFER)
Cluster homes are now an essential part of the property scene in Zimbabwe. In fact, there is development and construction of cluster homes and sectional title units in all ten (10) provinces of Zimbabwe of cluster homes, sectional title units and other gated communities which are regulated by a Home Owners’ Association (HOA).
A cluster home in Zimbabwe is a stand-alone section or unit of an immovable property clustered within a secure and managed estate or gated community. The buyers own the home and the underlying land, but share common property and infrastructure and a HOA. The High Court in Sibanda & Anor v Pentaville Investments (Pvt) Ltd & Others 2003 (1) ZLR 129 (H) defined the concept of cluster homes in Zimbabwe as follows:
“The concept of cluster homes on one piece of land in urban areas, held under sectional title, is now a part of the property scene in Zimbabwe. The concept is founded on the common law principle of joint ownership, where two or more persons own undivided shares in a piece of land, each share carrying with it an exclusive right to occupy the land.”
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