Demolition Of Properties In Zimbabwe: Due Diligence Steps To Follow Before And When Purchasing Immovable Property In Zimbabwe.
By Lenon Itai Rwizi
On the 1st of December 2024, the City of Harare announced plans to demolish more than 5 000 houses built on supposedly illegal settlements. A good number of the houses that have already been demolished in Belvedere and surrounding areas are owned by Zimbabweans living in the diaspora, most of whom were convinced of the status of their properties via various virtual platforms. Whatever the justification for these demolitions, it is important for potential and future house owners to be extremely diligent before and when buying property in Zimbabwe.
Given the high stakes and the sad recurrent loss of hard-earned savings, it is important for would be property purchasers to follow some of the reasonable steps herein provided in order to minimize loss.
Properties Owned by Title Deed
1. Request certain documents from the purported owner – (namely certified copies of the Deed of Grant or Deed of Transfer, as well as the identification documents of the supposed owners. Its always a good practice to even request the finger prints of the purported owner.
2. Visit the Surveyor General’s Office – it is important to get a legal description of the property. Always remember, “No diagram, no deed.” Major red flag!
3. Conduct a Deeds search at the deeds office. See if the names and details of the prima facie owner and the named individual on the Deed tally. The deeds search will also help highlight if there are any caveats, miscellaneous agreements, encumbrances (e.g. a mortgage bond), endorsements on the property in question (such as a sale in progress), et cetera; ergo, a deeds search is always imperative.
4. Consult an expert (for example a legal practitioner specializing in property law such as https://www.facebook.com/profile.php?id=100057530166769 ). Seek their expert opinion, and see if they are able to verify the identity documents of said owner. Speaking of an attorney, ask them to write and send in identity documents in question to the registrar general, so as to verify.
5. See if you are able to also report to the registrar general’s office and seek verification yourself.
6. If the property is part of an estate (deceased estate), make sure to request Las, (Letter of Administration from the Master of the High Court.
Properties Owned by Government or Developer Cession
1. Obtain documents proving the cession holder (these documents include the Agreement of Sale between the supposed owner and the local authority, as well as certified copy of ID).
2. If in doubt as to the authenticity of said documents, engage a legal practitioner specializing in property matters, and possibly request them to write to the Registrar General’s office, checking on authenticity of the ID documents.
3. Visit the local authority with the Agreement of Sale and check the veracity of the cession – this will assist in verifying ownership.
Property whose mode of ownership is developer cession (and one is purchasing from the property developer directly)
1. The subdivision permit ( these permits are issued by either City of Harare, City of Bulawayo or Ministry of Local Government, when the slated layout plans of the development have been approved).
2. The development permit (issued by the aforementioned authorities’ engineers after the developers’ engineering plans have been approved).
3. Dispensation certificate (very key, as it signifies that the Surveyor General has put their imprimatur on the development and the survey that was done on it).
4. Certificate of compliance:Signifies that all the requirements of the relevant local authority have been met, and all stand owners may build.
5. View the property in question – check if it is what exactly you want.
6. Please try and only deal with property developers who have a proven track record – Make sure to engage an organized and efficient property lawyer to conduct the due diligence exercise.
Conclusion:
In conclusion, extreme caution should be exercised when purchasing property in Zimbabwe. Members of the public are advised to follow some of the steps discussed before and when purchasing a property. Engaging professionals such as a registered legal practitioner, minimizes the risk of falling victims to the indicated fraudsters.
Lenon Itai Rwizi is a Registered Legal Practitioner of the Superior Courts of Zimbabwe and can be contacted on: +263 774 159 146 or +263 713 967 341 lenonrwizi@gmail.com. The above does not constitute formal legal advice, and neither does not create any type of attorney-client relationship. Please seek legal advice from your own by contacting the writer https://www.facebook.com/profile.php?id=100057530166769 ) or any attorney of your choice.
