Conveyancing Process for Transfer of Tribal Land in Botswana

Conveyance is the act of transferring property from one party to another. The term is commonly used in real estate transactions when buyers and sellers transfer ownership of land, building, or home. A conveyance is done using an instrument of conveyance a legal document such as a contract, lease, title, or deed.

Your conveyancing solicitor will carry out anti-money laundering checks when buying a house to see evidence of your deposit, usually in the form of a bank statement that highlights the funds. You’ll also need to show where the funds came from, which is called the ‘source of funds.

The process involves the transfer of already acquired land rights to another person or entity. The said plot should be fully developed.  In the event, the plot is not fully developed, the applicant should avail reasonable justification as to why it should be transferred.

Who is eligible?

  • Motswana
  • Non-citizens with the consent of the Minister responsible for Land Management
  • Registered company/societies.

How do I get this service?

Complete the APPLICATION FOR TRANSFER OF LAND RIGHTS FORM.

What supporting documents are required?

  • Certified copy of valid National Identification Card (Omang) from both parties
  • Original certificate of grant or lease agreement
  • Copy of Instrument signed under Married Persons Property Act (proof of Marriage regime if married and Affidavit if not married)
  • Decree absolute and court order where applicable
  • Copy of Death Certificate, in case of widow/widower,
  • Copy of Disability Card, in case of People, Living with disability (PLWD)
  • Copy of Certificate of Incorporation, Company Registration, and Shares Certificate for Registered Companies
  • Copy of Certificate of Registration from Registrar of Societies for Societies
  • Letter of representation (For Societies/Churches/Businesses) or Power of attorney in case of companies

How long will this service take?

One Month

How much does it cost?

P100.00 transfer fee

Where can I get more information on this Service?

For more information, please contact any of the Ministry of Land Management, Water and Sanitation Services Headquarters (Customer Service) or any Land Boards from the Land Boards and their Subordinate Land Boards listing document or call the Ministry of Land Management, Water and Sanitation Services

Toll-Free Number 0800 600 737.

Opening hours are from 07:30 to 12:45 and 13:45 to 16:30, Monday to Friday, except on public holidays.

How do I change land use in Botswana?

Application for Change of Land Use

  1. No outstanding lease rentals for common law plots.
  2. A certified and valid copy of Omang/ID.
  3. Copy of marriage certificate (if not married Affidavit confirming marital status for business plots)

What is the Tribal land Act in Botswana?

S.I. 39, 2022. An Act to provide for the continuation of Land Boards; to vest tribal land in such boards; to define the powers and duties of such boards; and to provide for matters incidental thereto. This Act may be cited as the Tribal Land Act.

What change of land use is prohibited by a land policy in Botswana?

It is for this reason that the current land policy, which was adopted by the National Assembly in July 2015, prohibits the change of land use from arable to residential because the government has noted that trend, especially in the peri-urban areas (Republic of Botswana 2015).

What are the key features of land Administration under the Tribal land Act?

The Tribal Land Act did not change customary land law other than by transferring the authority over land from the chief to the land board, and by introducing certificates as evidence of customary grants of individual rights for wells, borehole drilling, arable lands, and individual residential plots.

How do you process land transfers?

Have the original and at least two photocopies of the following requirements on hand:

  1. Deed of Conveyance.
  2. Photocopies of valid IDs of all signatories in the deed.
  3. The Notary Public’s official receipt for the deed’s notarization.
  4. Certified True Copy of the Title (3 copies)
  5. Certified True Copy of the latest Tax Declaration.