Navigating The Land Crime Scene: Title Deeds Vs Cession

Wisdom
5 Min Read

By Property Magazine

Many people have been swindled by conmen after buying properties largely due to ignorance around key legal documents.

We reproduce here an article that originally appeared in Property Magazine detailing notable factors on title deeds and cession.

Buying property in Zimbabwe involves understanding key legal documents. Two of the most important are Title Deeds and Cessions.

Confusing the two can result in delays, financial risk, or disputes.

Title Deeds: Legal proof of full ownership.

Cession: Conditional transfer of rights, usually when a property is under a bond or awaiting registration.

In 2024, nearly 20% of urban residential sales in Zimbabwe involved cessions, mainly due to mortgage financing.

This guide explains the differences, risks, and practical steps to navigate property transactions safely.

What is a Title Deed?

Definition: A Title Deed is an official legal document proving ownership of a property. Registered at the Deeds Office, it includes:

Owner’s full name

Property location and boundaries

Survey number

Any registered bonds, servitude, or caveats

Key Points:

Provides full legal ownership, allowing the owner to sell, mortgage, or modify the property.

Required for transfer of ownership.

Must be free of disputes, unregistered bonds, or legal claims.

Example:

Jane buys a house in Borrowdale for US $200,000 and receives the Title Deed from the seller. She now has full ownership and can sell, renovate, or mortgage the property.

What is a Cession?

Definition: A Cession is a conditional or temporary transfer of rights. It is commonly used when the property is under mortgage or awaiting full transfer.

Key Features:

Buyer has occupancy and usage rights but not full ownership.

The bank or seller remains the legal owner until the conditions (e.g., mortgage repayment) are fulfilled.

Often facilitated by a registered conveyancer to ensure legality.

Example:

Tendai buys a house in Harare using a mortgage. The bank holds the Title Deed until the bond is fully paid.

Tendai can occupy the house, but only gains full ownership when the mortgage is cleared and the Title Deed is transferred.

2025 Context:

Cessions are most common in Harare North and South, where mortgages represent 70% of property purchases in those areas.

Average cession period: 6–12 months, depending on mortgage repayment schedule.

Key Differences Between Title Deed and Cession

FeatureTitle DeedCession
OwnershipFull legal ownershipConditional or temporary ownership
RightsCan sell, mortgage, or modify propertyOccupy and use property; limited sale/mortgage rights
Issued byDeeds OfficeAgreement with seller/bank
RiskLow—legal owner on recordHigher ownership may revert if obligations not met
Typical UseCash purchase or after bond repaymentBond-financed purchase, pending transfer

Risks of Each Document Type

Title Deed Risks:

  • Delays at the Deeds Office, especially in high-demand suburbs
  • Disputes over unregistered servitudes or easements
  • Fraudulent or duplicate documents in rare cases

Cession Risks:

  • Ownership may revert if the buyer fails to meet obligations
  • Limited ability to mortgage or resell property
  • Requires detailed legal review to avoid disputes

2025 Insight:

  • Around 18% of cession transactions in Harare in 2024 experienced legal delays, mainly due to incomplete cession agreements or missing municipal clearances.

Step-by-Step: Converting a Cession to Full Title Deed

1. Ensure Mortgage or Bond is Settled

  • Full repayment is required before the bank releases the Title Deed.

2. Engage a Registered Conveyancer

  • They prepare and lodge transfer documents at the Deeds Office.

3. Obtain Municipal Clearances

  • Rates and utility clearances are mandatory for transfer.

4. Submit Transfer Documents

  • Deeds Office processes the application, typically within 2–4 weeks.

5. Receive the Title Deed

  • Buyer becomes the full legal owner, gaining unrestricted rights to sell, mortgage, or modify the property.

Tip: Pre-approval of mortgage and early document preparation can reduce cession-to-title transfer time by 2–3 weeks. (Property Magazine)

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