TITLE DEED AND CESSION

Title Deed
Absolute proof of ownership of land and buildings (immovable property) is through the
Title Deed. Title Deeds are also known as Certificates of Registered Title or Deeds of
Transfer. It is a legal document that identifies the lawful owner of immovable property. A
Title Deed should have the following basic characteristics:
i. Deed number (as assigned by the Registrar of Deeds)
ii. Name of current property owner(s)
a. And names of previous owner(s) if any
iii. Name and signature of lawyer who prepared the document.
iv. Law firm name
v. Description of property including
a. Location of property
b. Size of property
vi. Price the property was sold for
vii. Date of registration of the transfer
viii. Signature and seal by the Registrar of Deeds

ix. Any encumbrances if any such as
a. mortgages
b. servitudes
c. conditions restricting transfer (caveats)
This document is the best evidence that can be presented by the seller to a purchaser
showing that s/he is the rightful owner of the immovable property s/he intends to sell.

Cession
There is a transfer of rights in immovable property that can happen through cession. The
cession transfer occurs when immovable property is transferred to a purchaser by a land
developer/ local authority through an Agreement of Sale. If the person who purchases the
property from the developer or local authority decides to sell before acquiring Title Deeds,
the transfer of rights occurs through cession as well. The Cession Transfer gives the buyer
personal rights as compared to real rights that are attached to Title Deeds.
The absence of the title deed can be attributed to anyone of the following reasons:
i. the cession holder has simply not perused the title deed;
ii. the cession holder is renting;
iii. the property is held under a rent to buy scheme; or
iv. the cession holder is yet to fulfill any condition such as minimum development
as is required by the local authority.

Acquiring Title Deeds for land held under cession
If you enlist the services of a lawyer from the start the following are the steps s/he will take
to acquire the Title deed:

From a local Authority (local authority that has a Deed of Grant from the state1)
a) Visiting the local authority (district office) to get information as to why you have not
yet received your Title Deed.
b) Address the issues raised by the local authority.
c) Engage the Department of Housing (of the local authority) for a letter authorizing
council conveyancers to state processing your deeds
d) Payment of conveyancing fees.
From land developers (who should have a permit)
a) Reading the Agreement of Sale/offer letter.
b) Engaging the land developer to get information as to why you have not yet received
your Title Deed
c) Address the issues raised by the land developer
d) Engaging the developer and follow the next steps per the agreement
NB
e) A developer must have a permit to be able to effect the transfer.
f) A developer must have been issued with a certificate of compliance (compliance to
the requirements set out in the permit) by the local authority in order to be able to
effect transfer

In conclusion
It is advisable to get assistance from a lawyer in the process of acquiring immovable
property. If you are a cession holder, it is advisable to get a Title Deed for the property as
property held under cession usually fetches less on the market. In the event of death,
property held under cession might complicate the estate distribution process. Property held
under cession is usually difficult to mortgage. The risks associated with not having a title
deed as an owner of a property or as proof when buying a property far out way the benefits
of having it.