Useful Conveyancing and Property Transfer Information in Zimbabwe

What is Conveyancing?

It is a legal process and administrative process through which ownership of immovable property is transferred from one person to another. Conveyancing in Zimbabwe can only be carried out by a registered conveyancer who is an attorney specialising in property law. The process begins with the Deed of Sale or Deed of Donation and continues through to the ultimate registration of ownership. The conveyancing process also encompasses the registration of mortgage bonds.

Who Appoints the Conveyancer?

In Zimbabwe, the seller has the right to appoint the conveyancer even though it is the purchaser who pays the conveyancer’s fee. (See Scapelox Trading (Pvt) Ltd v Mashangwa Family Trust and Others 2014 (1) ZLR 229). Notwithstanding this, the purchaser and/or the estate agent may recommend a conveyancer, and there is nothing wrong with the parties contractually agreeing on using the suggestion. Irrespective of who ends up making the appointment, the conveyancer owes a duty of care to both parties and must fairly represent both parties. See K2021765242 (South Africa) (Pty) Ltd v Thibault Investment Ors (2023) ZAWCHC 94.

Who Pays the Conveyancing Fees and How Are They Calculated?

The buyer is responsible for payment of conveyancing fees. The Conveyancer issues the buyer with a pro-forma invoice in respect of conveyancing fees which indicates the stamp duty payable to the Registrar of Deeds and the conveyancing fees plus VAT thereon representing the conveyancer’s fees.

Conveyancing/Transfer fees are usually payable after the agreement of sale has been concluded. These are calculated in terms of the Law Society of Zimbabwe (Conveyancing Tariff).

Can Foreigners Own Property in Zimbabwe?

Yes, foreigners can legally buy and own immovable property in Zimbabwe. The only limitation relates to the acquisition of agricultural land.

Can a Trust Own a Property?

Yes, a registered trust can legally own and hold title to immovable property in Zimbabwe.