What instruments are used to convey fee simple ownership, or other principal form of ownership, of real estate?


Free hold title is conveyed by deeds of transfer, deeds of gift, deeds of exchange, deeds of partition, State Grants, Instruments of Disposition (e.g. by the Commissioner of National Housing), Fiscal's Conveyances, Certificates of Sale executed by a 'bank' as defined in the Recovery of Loans by Banks (Special Provisions) Act No.4 of 1990 and decrees of court eg. a decree in a partition action. (This list is not meant to be exhaustive)

Leasehold title is created by a Lease Agreement or an Indenture of Lease. There may also be State Leases, State Permits, plantation agreements, mining rights agreements etc.

Any conveyance or agreement relating to real estate including deeds of transfer and indentures of lease must be by way of a notarially attested document in terms of our Prevention of Frauds Ordinance, Notaries Ordinance and the Registration of Documents Ordinance.

There are requirements for stamping and registration for conveyances, leases and other agreements relating to real estate.