Title Deeds v Cession

When buying property in Zimbabwe the two terms that come up under Property Title are “Title Deeds” or “Cession”. It is important to know exactly what that means with regards to the property and how that affects you the buyer.

Title Deeds

Title deeds prove the absolute legal ownership of immovable property. They are regarded as conclusive evidence of your right in the land in question. When you purchase a property or piece of land that has a title deed (also called Deed of Transfer) the deed is transferred to you. Title Deeds Section 14 states that, “subject to this Act or any other law the ownership of land may be conveyed from one person to another only by means of a deed of transfer executed or attested by a registrar”.

Only registered legal practitioners (called Conveyancers) can draw up the documents that are necessary for the registration of title. (Conveyance is the act of transferring property from one party to another). One of the reasons for this is that there may be need to check on the various legal issues that arise in relation to the property and its transfer. There may be specific rights on the property which must be protected or there may be need to further protect your rights as the buyer. It seems easy enough, but the possibility of problems is so high, that is why it is important for a legal practitioner to undertake the transfer. 

Not only is the title Deed a record of the rights that exist in relation to the land, but it will also highlight special conditions, if any, contained in the title deed from which the land is being transferred such as mortgage bonds, caveats and endorsements. 

Another purpose for registration, and the one most people would see as the most important, is to identify and define the land. What is bought and sold is land plus improvements. Every property is identified by its description in the Deeds Registry as a piece of land, (with details of its size, shape and boundaries), not as a house. Legally it is a sale of land with improvements. Sect 21 of the Deeds Registries Act provides that: “No portion of any piece of land shall be transferred except upon a diagram thereof and reference shall be made to that diagram in the deed”.

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