Is a Deed of Grant a Title Deed?

President Emmerson Mnangagwa in recent times handed over two hundred title deeds to residents of Epworth with the promise to deliver more.

A raging debate then ensued on social media whether a Deed of Grant is a title deed and if not what type of ownership rights are afforded to its holders.

It became apparent that there is so much misinformation around the topic, which we will attempt to correct with a basic explanation around the topic.

In terms of the Deeds Registry Act Chapter 20.05, a “real right” means any right, which becomes a real right upon registration, and this is the class to which all registered deeds belong including a deed of grant.

A deed of Grant is basically issued on land where there is no title deed except for a certificate of state title.

The rights to the property in question are granted by the state to the beneficiary in question and the state can include any conditions which are precedent to the transferring of the rights.

Conditions can include land use and other related matters. A Deed of Grant can be granted to both individuals and juristic persons.

In terms of section 16(b) any other unalienated State land shall, subject to the provisions of subsection (2), be transferred only by a deed of grant issued under proper authority and having a diagram of the land annexed thereto.

These deeds have also been issued to buyers of land from private property developers who have entered into partnership with government.

In respect of rights to alienate, mortgage or burden the holder of deed of grant enjoys the same rights as a holder of any other deed such as a deed of transfer.

There is therefore no substantial distinction between a deed of grant and other deeds such as deeds of transfer apart from the fact that the deed of grant is the first deed that can be issued by the State in relation to state owned land while a deed of transfer occurs when a deed of transfer is transferred by a private person/owner to another private owner/holder. 

I hope by now it is clear that the name “title deed refers to all deeds which include the deed of grant and deed of transfer.

Holders of Deeds of grant can safely rest assured that their deeds are indeed title deeds with full protection of the law from arbitrary deprivation and expropriation without compensation.

Fungai Chimwamurombe is a registered legal practitioner and Senior Partner at Chimwamurombe Legal Practice and can be contacted for feedback at fungai@ zenaslegalpractice.com and WhatsApp 0772 997 889. Simba Mukwekwezeke is a senior associate, email: simbarashe@ zenaslegalpractice.com.