Types of Deeds in Zimbabwe
Certify - to formally declare by signing a document that it is in order.
Affidavit - is a written statement under oath signed before a witness. Such
documents are normally sworn before a commissioner of oaths appointed by the
Government.
Power of Attorney - the instrument or document by which the authority or power
to act for another person is conferred or guaranteed.
Attest - to confirm as accurate, true or genuine i.e. to certify or testify by
signature or oath. To bear witness.
Execute - to make legal or valid by fulfilling all requirements of law - to do or
carry out.
Caveat - a formal notification to a court or official not to take a certain step until
the notifier has been heard. A caution or a notice to beware.
Register - to record officially or formally by making entries in writing in terms of
a statute or enactment that some transaction has taken place. Thus a deed of
transfer is registered in a deeds registry to record that a change of ownership has
become effective.
Brief notes on the types of deeds
1. Deed of Grant
Purpose To transfer ownership of a piece of land to which no title exists
from the state to a person.
Contents The grantee's name, a description of the land including name,
district, diagram number and the area. The diagram of the land
and conditions to which the land is subject.
Executed By someone authorized to do so on behalf of the President
Registered By the Registrar of Deeds after the Grant has taken place
2. Deed of Transfer
Purpose To transfer ownership of immovable property from one person
to another
Contents The Conveyancer's name and reference to the power of attorney
authorizing the conveyancer to act on behalf of the transferor.
The seller or transferor's name; the Purchaser or transferee's
name, the description of the land as set out in the deed of grant,
a reference to the title deed to which the diagram of the
property is annexed, a reference to the diagram number and the
transferor's title deed number, any special conditions, any real
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rights or servitudes that the property may enjoy, the price paid
for the property.
Executed By a Conveyancer for the transferor
Attested By the Registrar of Deeds and registered simultaneously
3. Deed of transfer of a portion of a piece of land
Purpose To transfer ownership of a portion of a registered property from
one person to another
Contents As for a deed of transfer but there is always a diagram annexed
Executed By a Conveyancer for the transferor
Attested By Registrar of Deeds and registered simultaneously
4. Certificate of State title
Purpose To allow the state to acquire title to unalienated state land so
that a real right can be registered against the title
Contents Statement re Minister applying for the issue of the certificate;
Description of land, district, diagram number and area. Always
has a diagram annexed
Executed By the Registrar of Deeds. Registered simultaneously. Not
attested
5. Certificate of Registered title of a portion of a piece of land
Purpose To allow the owner of a piece of land to acquire separate title to
a portion of the land he owns
Contents statement that the owner owns the whole piece of land with a
full description. Full description of portion of land with
reference to district, diagram number and area. Will always
have a diagram annexed
Executed By the Registrar of Deeds. Registered simultaneously. Not
attested
6. Certificate of Consolidated Title
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Purpose To enable the owner of two or more abutting pieces of land in
the same Deeds Registry area to acquire title to the land as one
piece
Contents Issued on application by the owner. Contains a full description
of each of the components, including a reference to diagram
number; current deed and any special conditions that may
apply. Full description of the consolidated piece of land and
will always have a diagram annexed
Executed By the Registrar of Deeds. Registered simultaneously. Not
attested
7. Notarial Deed
Purpose To register a real right in favor of a person or body corporate
against a piece of land, e.g. a servitude or undivided shares
(sectional title)
Contents A full description of the land, numbers and dates of title deeds,
full names of grantor and where possible grantee. It may or
may not have a diagram annexed to the deed. If there is no
diagram the servitude is usually one that is capable of being
clearly defined verbally
Executed By the owner of land encumbered and owner of land in favor of
which or person in whose favor the servitude is being created
(this is not necessary if the servitude is in favor of the public)
Attested By a Notary Public
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