What is a Deed of Transfer in Zimbabwe?

A Deed of Transfer is a legal document that identifies the lawful owner of an immovable property producing what is known as a Certificate of Registered Title. The Deed of Transfer is used to transfer ownership from one party to the other. Its validity is noted by the identification of the current owner and the recipient by their full names, legal description of the property including lot numbers and boundaries. This document is used on privately owned property.

In terms of the Deeds Registries Act [Chapter 20:05], the owner of an immovable property is the registered owner. The Supreme Court in Takafuma v Takafuma 1994 (2) ZLR 103 (S) 105 – 106 held that:

“The registration of rights in immovable property in terms of the Deeds Registries Act [Chapter 139] is not a mere matter of form. Nor is it simply a device to confound creditors or tax authorities. It is a matter of substance. It conveys real rights upon those in whose name the property is registered. See the definition of ‘real rights’ in s 2 of the Act. The real right of ownership, or jus in re propria, is the ‘sum total of all the possible rights in a thing’ – see Willie’s Principles of South African Law 8 ed p 255”.