Introduction
I have received many inquiries from holders of title deeds following the publication of Statutory Instrument 76 of 2025, Deeds Registries Regulations, 2025 (“SI”). Most of the inquiries have been around the laws on validation of old title deeds and the issuance of securitised deeds. In this article I look at the applicable laws.
Validation of old title deeds
This is covered under section 40 of SI 76 of 2025. The key provisions of that section include the following:
- The Registrar (of Deeds) shall require all holders of old title deeds to submit copies of their documents to the deeds registry for validation within twenty four (24) months (meaning two years) from the date of publication of this statutory instrument.
- Subject to section 40(1) the holder of the old title deed shall on submission, furnish the Registrar with the original copies of the old title deed for verification purposes.
- The validation process shall include verification of the authenticity of each title deed and ensuring that it complies with the requirements of the Act.
- The Registrar may request additional documentation or evidence to establish the legitimacy of ownership where necessary.
I have previously written articles on fraud involving title deeds, mainly through alleged use of fake documentation such as national identity documents. I am quite pleased that Government is taking necessary corrective measures to protect holders of title deeds, starting with the validation of existing title deeds. Such validation is necessary in case someone is holding title deeds that are not authentic as a result of fraud.
Issuance of securitised deeds
This is covered under section 41 of SI 76 of 2025. The key provisions of the section include the following:
- Upon successful validation of the old title deeds, in terms of section 40 above, the Registrar shall issue securitised deeds to the respective owners, in accordance with the digitalisation and modernisation objectives of the deeds registry.
- Securitised deeds shall be in electronic format, duly authenticated and recorded in the digital registry system as provided under section 90(1)(a) of the Act.
- The copy of the digital deed shall be printed and issued to the owner on a securitised paper.
- The holder of the old title deed shall be required to submit the old title deed, upon collection of the new title deed.
- The Registrar shall ensure that the transition to securitised deeds maintains the integrity, security, and accuracy of the land records.
Advice
I recommend that holders of old title deeds who are seeking to comply with SI 76 of 2025 should engage the services of conveyancers for the validation and issuing of the securitised title deeds.
Conclusion
My interpretation of the above is that Government is taking positive steps to allow holders of title deeds to have their old title deeds validated for authenticity. Upon validation the holder of the old title deed shall be issued with a securitised electronic title deed for the same property, printed on securitised paper. Electronic or digital title deeds should be easy to verify. In my view, this move by Government is meant to property holders or those who may want to acquire properties. This should be embraced.
Disclaimer
This simplified article is for general information purposes only and does not constitute the writer’s professional advice.
Godknows (GK) Hofisi, LLB(UNISA), B.Acc(UZ), Hons B.Compt (UNISA), CA(Z), ACCA (Business Valuations) MBA(EBS, Heriot- Watt, UK) is the Managing Partner of Hofisi & Partners Commercial Attorneys, chartered accountant, insolvency practitioner, commercial arbitrator, registered tax accountant and advises on deals and transactions. He has extensive experience from industry and commerce and is a former World Bank staffer in the Resource Management Unit. He was recently appointed to sit on the Council of Estate Administrators in Zimbabwe. He writes in his personal capacity. He can be contacted on +263 772 246 900 or ghofisi@hofisilaw.com or gohofisi@gmail.com. Visit www//:hofisilaw.com for more articles.
