By Lenon Itai Rwizi
The Government of Zimbabwe has approved the Urban State Land Management Policy, aimed at addressing widespread challenges in urban land governance, including illegal settlements, speculative land sales, and the rise of land barons.
The policy comes at a critical moment when members of the public have been struggling with the growing menace of land barons and fraudulent sales.
Officially announcing the policy, the Minister of Local Government and Public Works, Daniel Garwe, said the policy seeks to maximise the value of land resources while improving transparency, accountability, and operational efficiency in managing state-owned land in cities and towns. It is expected to bring clarity to stakeholder roles, introduce consistent procedures, and strengthen oversight mechanisms in a sector that has long been plagued by corruption, unregulated developments, and the influence of land barons.
Meanwhile, members of the public are urged to exercise a high degree of caution when purchasing property. Below is a useful guideline on what they can do to avoid unnecessary property disputes:
A. Identify the Details of the Property
Establish whether the seller holds a title deed for the property in their name. Also ascertain if the property has architectural and engineering drawings, and verify that these plans were approved by the relevant local authority.
B. Conduct Due Diligence
Ensure that everything is above board — that the transaction complies with the requirements for the location, pricing, and conditions of payment.
C. Verify Ownership and Legal Status
Obtain a copy of the title deed. Conduct a deeds search at the Deeds Registry Office to confirm ownership and check for any encumbrances (e.g., unsettled deceased estates, mortgages, disputes, or caveats). For properties without title deeds, verify the status with the respective local authority or government ministry. Always check for possible double sales.
D. Negotiate the Terms of the Sale
Discuss the price, payment terms, and any conditions of the sale with the seller. It is advisable to engage the services of a lawyer to facilitate the negotiation process.
E. Draft the Agreement of Sale
A lawyer or registered estate agent should prepare a formal Agreement of Sale, outlining the purchase price, payment terms, and conditions. Ordinarily, both parties must sign the agreed document.
F. Obtain a Tax Clearance Certificate
The seller must obtain a Tax Clearance Certificate from ZIMRA to confirm that all tax-related obligations have been fulfilled.
G. Transfer of Title
The seller’s conveyancer prepares the transfer documents, which are lodged at the Deeds Registry Office. The buyer is required to pay stamp duty at the point of registration, which is calculated based on the property’s value and other applicable procedures.
H. Handover and Finalisation
After all payments are complete and the title has been transferred, the seller officially hands over possession of the property to the buyer. Utility accounts (water, electricity, rates) should be updated to reflect the new ownership.
Lenon Itai Rwizi is a Registered Legal Practitioner of the Superior Courts of Zimbabwe.
Contact: +263 774 159 146 or +263 713 967 341
Email: lenonrwizi@gmail.com
Facebook: Lenon Rwizi
Disclaimer: The above does not constitute formal legal advice and does not create any attorney-client relationship. Please seek independent legal advice from the writer or an attorney of your choice.
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