
CONVEYANCING (PROPERTY TRANSFER)
A Deed of Grant is a legal document used to transfer state property or land that has no title deed except for a Certificate of State Title. The right to such property is granted by the state to the beneficiary and the state through the minister with the instructions of the President can include any conditions which may relate to the use of land or other related matters. This Deed of Grant can be grated to individuals or juristic persons.
Section 16(b) of the Deeds Registries Act [Chapter 20:05] regulates that, any other unalienated State land shall, subject to the provisions of subsection (2), be transferred only by a Deed of Grant issued under proper authority and having a diagram of the land annexed thereto. Furthermore, section 17(1) of the Deeds Registries Act [Chapter 20:05] strictly put that:
“No deed purporting to create or deal with or dispose of any real right in any unalienated State land, other than a deed of grant, shall be capable of registration until a certificate of State title has been issued in respect of that land in terms of subsection (2).”
It begs the question what is a Certificate of State Title? A Certificate of State Title is a first title deed issued to the State over state land. It is issued by a government authority or title company that confirms ownership of the particular property.
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