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Conveyancing Lessley

Conveyancing is the legal process of transferring ownership of land from one person to another. It involves preparing legal documents, paying fees, and registering the transfer with the relevant authorities. A conveyancer is a legal practitioner who facilitates property transfers by drafting documents, obtaining necessary approvals, and executing the transaction. The seller appoints a conveyancer and the buyer pays the conveyancing fees, which are usually calculated as a percentage of the property purchase price. Once documents are signed and fees paid, the conveyancer registers the transfer, a process that can take time depending on the circumstances of the specific transaction.

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115 views3 pages

Conveyancing Lessley

Conveyancing is the legal process of transferring ownership of land from one person to another. It involves preparing legal documents, paying fees, and registering the transfer with the relevant authorities. A conveyancer is a legal practitioner who facilitates property transfers by drafting documents, obtaining necessary approvals, and executing the transaction. The seller appoints a conveyancer and the buyer pays the conveyancing fees, which are usually calculated as a percentage of the property purchase price. Once documents are signed and fees paid, the conveyancer registers the transfer, a process that can take time depending on the circumstances of the specific transaction.

Uploaded by

lesley chirango
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Conveyancing

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;
i. Declaration by Seller- a statement confirming purchase of the property, extent
and improvements on the property as well as the purchase price
ii. 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 [email protected]

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