Conveyancing in Namibia - quick summary of a valid transfer

Conveyancing in Namibia - quick summary of a valid transfer

Conveyancing in Namibia. A valid signed agreement locks in the deal. From there, one conveyancer runs a tightly controlled sequence to protect title and money:

1. Validate the contract: confirm formalities and any suspensive conditions (loan approval, deposit, deadlines).

2. Secure & manage finances: obtain bank guarantees; seller is paid only after the new bond is registered from the conveyancer’s trust account.

3. Coordinate the banks: cancel the seller’s existing bond and register the new mortgage in favour of the buyer’s bank.

4. Clear statutory hurdles: secure rates/levies clearances (Local Authority/Body Corporate etc); handle Transfer Duty/Stamp Duties with the Receiver (NamRa). For agricultural land, obtain a section 17 waiver and land-tax clearance.

5. Pay third parties: settle the estate agent’s commission from trust.

6. Register at the Deeds Office (Windhoek/Rehoboth): the Registrar (staff) examines and rejects non-compliant deeds under the Deeds Registries Act, 47 of 1937, then records the transfer and bond.

Why it matters: this process is backed by Registrar of Deeds scrutiny, trust-account controls, and Law Society of Namibia oversight. It delivers security of title and reduces fraud/corruption risk, ensuring the buyer gets real rights and the seller gets safe settlement, and the banks get security of title in case of mortgage bonds.