electronic conveyancing
CHAPTER 2
INTRODUCTION
This chapter focuses on the problems encountered by stakeholders who interface with the deeds office using the paper-based system of conveyancing. The author shall further advocate for the abandonment of the current paper based system to adopt and establish electronic-conveyancing, the endeavour being to ensure speedy registration to maintain security of title and making sure that transfer of immovable property is not hampered by operational inefficiencies. Against that background, this chapter is going to discuss the various benefits of adopting and establishing e-conveyancing.
AN OVERVIEW OF THE PAPER BASED REGISTRATION PROCESS IN ZIMBABWE
Below is a procedure of the steps involved in the registration of immovable property in Zimbabwe1:
Stage 1. Upon settlement of transfer fees, the conveyancer drafts a proposal deed of transfer in duplicate deriving the authority to do so from the agreement of sale. A power of attorney is used to grand power to a conveyancer to appear before the registrar of deeds to pass transfer. In drafting the proposal deed of transfer, the conveyancer refers to the deed from the seller and other information from the deeds office. The deed of transfer conveys the real right of ownership where such right has been originally granted2. At this stage a search of the property is conducted by the conveyancer at the deeds office.
Stage 2. An application for the rates clearance certificate to the local authority under whose jurisdiction the property falls is made by the seller through his conveyancer3. The local authority will provide an assessment of how much is payable by way of advance rates and outstanding rates. These rates are paid by the purchaser as a pro foma costs which will then be reimbursed by the seller on the date of transfer for the advance rates paid calculated on pro-rata basis from the date of payment to date of transfer.
Stage 3. An application for the capital gains tax is made which is
INTRODUCTION
This chapter focuses on the problems encountered by stakeholders who interface with the deeds office using the paper-based system of conveyancing. The author shall further advocate for the abandonment of the current paper based system to adopt and establish electronic-conveyancing, the endeavour being to ensure speedy registration to maintain security of title and making sure that transfer of immovable property is not hampered by operational inefficiencies. Against that background, this chapter is going to discuss the various benefits of adopting and establishing e-conveyancing.
AN OVERVIEW OF THE PAPER BASED REGISTRATION PROCESS IN ZIMBABWE
Below is a procedure of the steps involved in the registration of immovable property in Zimbabwe1:
Stage 1. Upon settlement of transfer fees, the conveyancer drafts a proposal deed of transfer in duplicate deriving the authority to do so from the agreement of sale. A power of attorney is used to grand power to a conveyancer to appear before the registrar of deeds to pass transfer. In drafting the proposal deed of transfer, the conveyancer refers to the deed from the seller and other information from the deeds office. The deed of transfer conveys the real right of ownership where such right has been originally granted2. At this stage a search of the property is conducted by the conveyancer at the deeds office.
Stage 2. An application for the rates clearance certificate to the local authority under whose jurisdiction the property falls is made by the seller through his conveyancer3. The local authority will provide an assessment of how much is payable by way of advance rates and outstanding rates. These rates are paid by the purchaser as a pro foma costs which will then be reimbursed by the seller on the date of transfer for the advance rates paid calculated on pro-rata basis from the date of payment to date of transfer.
Stage 3. An application for the capital gains tax is made which is