Property Law
Property transactions, be they in land, buildings, shares, or other movable assets, require more than just agreements. They require detailed legal support for ensuring compliance, title security, and risk containment. Our property law services provide diligent transactional support that is founded on current legislation, local authority by-laws, and land ownership procedures. We take clients through the due diligence phase all the way to registration, thereby securing investments, streamlining procedures, and ensuring that all stakeholders adhere to their legal obligations.
Conveyancing
Conveyance of immovable property is a controlled activity that requires expertise, haste, and legal accuracy. Our comprehensive conveyancing services include verification of title deeds or cessation documents, verification with the Surveyor General’s office, preparation of sale agreements and other accompanying documents, securing local authority clearances, and attending to the lodging and registration of transfer documents at the Deeds Registry. We also handle all stamp duty and capital gains tax payments so that transfer is compliant and not delayed.
Whether you are buying urban land, agricultural properties or sectional title units, we make sure that change of ownership is legally sound.
Notarial Practice
Certain documents, such as ante-nuptial agreements, long-term leases, and foreign power of attorneys must be executed before a notary public to take effect. Our services include full notarial services that encompass the preparation and authentication of deeds, witnessing of signatures, and preparation of notarial certificates for both local and international jurisdictions. All documents that we notarise are in strict compliance with the law therefore accord recognition in and outside Zimbabwe’s borders.
Due Diligence
Most disputes over property in Zimbabwe arise due to outstanding encumbrances, unsubstantiated claims to ownership or unlawful subdivisions. We remain committed to conducting meticulous due diligence before a transaction takes place, such as title verification, mortgage ranking, caveats, servitudes, local zoning ordinances, and compliance with planning approvals. Our inquiries ensure we uncover pitfalls at an early stage, which protects clients from fraudulent transactions and litigation after transfer.
Sale and Purchase Agreements of Land and Immovable Property
A well-drawn sale agreement is the cornerstone of an effective property transaction. As part of our product portfolio, we draft and review sale agreements for all categories of land, agricultural, residential, commercial, institutional and other sectors such that the terms are well outlined, conditions are enforceable, and all statutory disclosures are effected. Furthermore, we ensure that the agreements effectively address the complexities of land tenure in Zimbabwe, including 99-year leases, offer letters, and communal tenure schemes, thereby eliminating potential legal ambiguities in the future.
Shares, Sale and Purchase of Movable Property
The disposal of shares in private companies, and the sale of movable property like vehicles or business equipment, have legal and financial implications that require legal knowledge and advice to combat unforeseen circumstances. At T Pfigu Attorneys, we prepare comprehensive sale agreements to suit the class of assets, specify payment terms, facilitate documentation of share transfers, and register changes with the Companies Registry where required. As part of our ongoing service offerings, we also provide counsel on warranties, suspensive clauses, delivery terms, risk passing, and dispute resolution clauses, thereby safeguarding the interests of our clients long after the transaction has been signed off.
Registration of Security
Obtaining a loan or credit facility often requires the delivery of collateral, which can be in the form of movable or immovable property. We offer drafting and registration of security documents, including mortgage bonds, notarial general covering bonds, cessions, and pledges. These documents are appropriately registered with the respective public offices, such as the Deeds Registry or the Companies Registry, depending on the type of security. Our experience guarantees enforceability of the creditor’s rights without prejudicing the debtor against abusive or oppressive terms.