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The Registrar of Deeds and Title Deeds

By Justina Hamupembe June 02, 2023 0

The Registrar of Deeds is an individual appointed by the Minister of Lands, Resettlement and Rehabilitation under Section 2 of the Deeds Registries Act.

Their role, along with their staff, is to maintain an efficient registration system.

While conveyancers are responsible for preparing documents like Transfers and Bonds, these deeds cannot be registered without the Registrar's examination.

The Registrar has the authority to reject a deed that does not comply with the Deeds Registries Act and other relevant legislation and regulations. 

The objectives of registration are as follows:

-       To protect the right registered.

-       To notify the public of such protection; and

-       To provide an easily accessible record in the event of a dispute.

The title deed is a crucial document as it contains various property details, including:

-       Names of both previous and current property owners.

-       Comprehensive property description, including size.

-       Purchase price paid by the current owner.

-       Any conditions or restrictions on property use or sale.

-       Details of any registered limited real rights associated with the property.

While it is not legally or ethically mandatory for an estate agent to examine a property's title deed before marketing it, it is considered good business practice to do so, especially for agricultural, commercial, or industrial properties. 

If an estate agent cannot review the title deed or is uncertain about certain provisions, consulting a conveyancer is recommended in such cases. 

For enquiries Text, Call or email #yourhomegirl Justina Hamupembe

Cell: +264812726001

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Last modified on Monday, 05 June 2023 12:38

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