Conveyancing is necessary as a process in several transactions involving land, including a sale, donation, transfer to a surviving spouse upon death and transfer to one of the spouses by virtue of a divorce order. We answer below some frequently asked questions on property transfers.

WHAT IS CONVEYANCING?
Conveyancing is the legal process through which title or ownership of immovable property (land) is transferred from one person to another or the granting of a burden over property such as mortgage bonds.

WHAT IS A CONVEYANCER?
A conveyancer is a legal practitioner involved in the legal work of preparing the documents necessary for transfer of the property and in essence passes the title in the property. A conveyancer performs a vital function in completing a property transaction.

WHO APPOINTS A CONVEYANCER?
It is the seller who appoints a conveyancer to facilitate the transfer and execute the transaction.

WHO PAYS CONVEYANCING FEES?
The buyer is responsible for payment of conveyancing fees. These transfer costs are unavoidable.

HOW ARE CONVEYANCING FEES CALCULATED?
Conveyancing fees are calculated in terms of the Law Society of Zimbabwe (Conveyancing Fees) By laws 2020 which provides the calculation as follows;

A: Fee for conveyance of immovable property 3% of the purchase price or value of the property

In addition to the above table, a conveyancer can charge fees for every service they complete, from preparing relevant documentation, applying for rates clearance certificates, and conducting deeds office searches. Keep in mind that conveyancers’ fees are always subject to VAT being added.

WHEN MUST THE CONVEYANCING FEES BE PAID?
The transfer costs are usually payable after the agreement of sale has been concluded.

WHEN ARE THE TRANSFER DOCUMENTS SIGNED?
Transfer documents are signed upon payment of the conveyancing fees. The purchaser is normally required to sign the following document;

The seller is normally required to sign the following documents;

1. Declaration by Seller- a statement confirming purchase of the property, extent and improvements on the property as well as the purchase price
2. Power of Attorney- Authority given to the conveyancer to facilitate the change of ownership

CAN THE TRANSFER DOCUMENTS BE SIGNED OVERSEAS?
Transfer documents can be signed abroad but in the presence of a Notary Public whose seal is placed on the documents.

HOW LONG DOES A TRANSFER OF PROPERTY TAKE TO REGISTER?
Once conveyancing fees have been paid and transfer documents signed, it is important to discuss with the conveyancer how long the transfer process will take. Each transfer will depend on its circumstances. Other offices involved in the transfer of properties such as ZIMRA and Local Authorities will have to be factored.

For any inquiries relating to Conveyancing in Zimbabwe, kindly get hold of our Conveyancing Practice Group on info@mmmlawfirm.co.zw