Organization : Department of Deeds Companies & Intellectual Property
Type of Facility : Deed of Transfer & Grant
Country: Zimbabwe
Website : http://www.dcip.gov.zw/index.php/deeds
Deed of Transfer & Grant :
1. Deed Of Transfer: it is a transfer of land from one person to another. It is prepared and lodged by a conveyencer.
2. Deed Of Grant: An original title issued to provide ownership from the state. It does not need a conveyance to execute. Execution is normally done by secretary for lands on behalf of the state.
Related : Africa Regional Intellectual Property Organisation Online Trademark Filing Zimbabwe : www.statusin.org/9381.html
3. Certificate Of State Title: A certificate issued by the registrar of deeds upon application by the minister concerned or an officer of the state for an unalienated land.
4. Deed Of Partition: It takes place when joint owners of a piece of land , decide to redistribute their land such that each one of them will hold his/her share under a separate title. It is prepared by a conveyancer. A permit is required from the local authority.
5. Deeds Of Rectification Transfer: It is issued for the purpose of correcting an error whereby an owner would have been given title for a wrong property.
6. Deeds Of Exchange: It is issued whereby owners have made private arrangements to exchange property. If properties are not of the same value there is need for the other part to compensate to equalize. Duty is payable on the difference only.
7. Subsituted Titles:- Certificate Of Registered Title: Is a certificate of title issued to any registered owner upon written application to the registrar of deeds. It is attested by the registrar since there is no appearer who executes the deed. There is no transfer of ownership the property remains in the name of the registered owner.
Deed of Transfer:
Deed of transfer – Titles and Derelict Land Act – arises if one identifies a property which has n ot paid rates for a period of five years and is initiated by a lawyer
** A court order which overrides encumbrances
** Declaration by the purchaser is done
** Registrar prepares the draft deeds
** The process is similar to that of the ordinary transfers
Deed of Grant:
Deed of grant – transfer of an unalienated land from state
** The deed is lodged by the appropriate Minister under cover and not the conveyencers
** Draft deed of grant are lodged together with supporting documents thereto
** Receipting, distribution is done as usual including data capturing
** Draft grants are dated and signed by – usually by the Permanent secretary of the Ministry of Local Government or any appointed officer
** Examination of the deed is done
** A round registered stamp is endorsed on the draft grants for the registrar to affix/her signature
Certificate of state title:
** States decides to alienate land from unallinated land and hold it under a title for one reason or another
** Application is lodged by the appropriate minister to the Registrar of Deeds requesting to hold a certain piece of land by by way of a state tile – that of local government for urban land and lands and agriculture for rural land
** The application is accompanied by draft deeds prepared by the Civil Division
** Receipting, distribution is done as usual including data capture
** Documents are sent to the Surveyor General (SG) for deductions
** SG sends back the documents to the Deeds Office through recording office where office copy is filed and client copy is sent for collection.
Certificate of registered title (CRT):
** CRT in terms of Section 41 of Deeds Registries Act – subdivision of a property where owner retains ownership of subdivision
** Registration fee is paid
** The examination process follows that of the ordinary transfers