Real Estate

Real Estate

Real Estate

Real

Estate

Our heritage is deeply rooted in Botswana's legal history. We hold the distinction of registering the country's first title deed in 1891 and the first privately-owned township in the early 1990s. This deep understanding allows us to anticipate trends and develop groundbreaking solutions for our corporate and private clients.

Led by Terence Dambe, the Managing Partner of the firm, our Real Estate practice offers a unique blend of historical insight and forward-thinking innovation. We go beyond simply navigating transactions – we are a team of legal architects, shaping the future of Botswana's landscape.

Our team offers incisive and practical legal expertise across a wide range of real estate matters, including bonds, transfers, township planning, sectional titles, property developments, property financing, subdivisions and consolidations, and even green energy development initiatives.

Our commitment extends far beyond the closing table. We actively engage with legal authorities to influence the future of real estate regulations.

Leases

Long-Term Leases & Extensions: We guide you through negotiating and securing long-term leases, including extensions, with clear terms and notarial registration for added security.
Commercial Leases: Our team has in-depth knowledge of commercial lease structures, ensuring you understand your rights and obligations across various property types.
Option to Lease: Explore the advantages of "option to lease" agreements, providing flexibility for future growth or acquisition.
Triple Net Leases (NNN) & Operating Cost Leases: We advise on the nuances of triple net leases and operating cost structures, helping you make informed decisions about managing property expenses.
Bespoke Leases:For unique situations, we draft bespoke lease agreements that cater to your specific requirements.
Residential Leases: Whether you're a landlord or tenant, we guide you through the intricacies of residential lease agreements, ensuring clarity and protection of your interests.

Commercial Property Agreements

Joint Venture, Co-Ownership & Shareholder Agreements:Establish a clear and collaborative framework for partnerships in property development.
Memorandums of Understanding (MOUs) & Heads of Agreement (HOAs): Lay the groundwork for negotiations and pave the way for final sale agreements.
Development & Development Management Agreements: Define roles, responsibilities, and expectations for successful project execution.
Sale of Shares or Member Interests: Facilitate ownership transfers within property-holding entities.
Land Availability Agreements: Obtain the necessary access to land for your development project.
Property Due Diligence: Identify potential issues and safeguard your investment with thorough property evaluations.
Sale Agreements: Finalize property transactions with clear and enforceable contracts.
Partition Agreements: Clearly define ownership divisions when co-owning property
Agreements for Retirement Villages, Timeshare & Share Block Schemes: Understand the legal framework for these specialized property types.
Mixed-Use Development Agreements: Navigate the complexities of projects combining residential, commercial, or other uses.
Leasehold Developments: Understand the legal complexities of building on leased property

Commercial and Property Structuring

Strategic Realization Planning: We advise on the most effective way to utilize your real estate asset, considering market demands, land use rights, and funding requirements.
Mixed-Use Expertise: Our team possesses in-depth knowledge of various mixed-use development models, including residential, commercial, and other uses
Optimal Structure Design: We create the most appropriate corporate and financing structures for your project, ensuring flexibility and navigating title deed restrictions.
Integrated Legal Services: We provide comprehensive legal advice across all aspects of your project, encompassing tax implications, environmental regulations, competition law considerations, employment law, and dispute resolution strategies.

Land Use Rights

Expert Planning & Guidance: We advise on township establishment, including disposal of existing title conditions, to pave the way for your development vision.
Seamless AreaCoordination: We work closely with the municipality to coordinate the township establishment process, ensuring all approvals are obtained.
Meticulous Documentation: Our team meticulously handles the opening of township registers, facilitating proclamations and issuing service certificates required for property transfers.

Strategic Extension & Subdivisions: We assist with extending township boundaries or subdividing land parcels to optimize your development plans.
Consolidation & Road Closures: Our expertise extends to consolidating existing plots or navigating road closure procedures when necessary.

Air Space Rights: We advise on the legalities pertaining to air space rights, ensuring your development adheres to all regulations.
Town Planning Expertise: Our team possesses in-depth knowledge of town planning schemes, providing valuable interpretation and guidance to ensure your project aligns with zoning regulations.

Mortgage Bonds

Serving Financial Institutions: We act for all major financial institutions, providing comprehensive legal support for their commercial bond transactions.
Drafting & Documentation: We draft all necessary shareholder and board resolutions, bond documents, and related security documents, including power of attorney.
Compliance Verification: We obtain confirmations to ensure your bond adheres to all relevant Botswana legislation.
Long-Term Leases & Leasehold Rights: Our expertise extends to structuring bonds secured by long-term leases and leasehold rights.

Financial Institution Representation: We act for major financial institutions in all aspects of residential bond transactions.
End-User Bonds: We can draft and facilitate end-user bonds specifically for property developments.

Comprehensive Documentation: We draft all essential bond documents, including power of attorney and related security documents.
Cession Support: Our team can assist with the legal aspects of securitization bond cessions.

Notorial Work

General & Special Notarial Bonds: Streamline securing loans with effective collateralization options tailored to your specific needs.
Usufructs & Servitudes: Grant temporary use or specific rights over property, ensuring clarity and protection for both parties.
Notarial Tie Agreements: Establish clear ownership structures and facilitate joint property management.
Notarial Cessions: Transfer ownership rights efficiently and securely, minimizing potential complications.
Notarial Leases: Formalize rental agreements for both residential and commercial properties, providing peace of mind for landlords and tenants.
Antenuptial Contracts: Plan for the future with a clear and legally binding agreement outlining property ownership and financial arrangements in the event of marriage dissolution.

Sectional Title Developments

Management Structures & Exclusive Use Areas: We advise on establishing appropriate management structures and defining exclusive use areas within your development, ensuring clarity for future residents or tenants.
Phased Development Support: Our team can assist with planning and executing phased developments, navigating the legal aspects of each stage.
Opening Sectional Title Registers: We guide you through the process of opening sectional title registers, a crucial step towards successful unit sales.
Real Rights Registration: We ensure the legal registration of real rights associated with extensions and exclusive use areas delineated on sectional plans.
Sale Agreements: Our team drafts comprehensive sale agreements for both off-plan and completed unit sales within your sectional title development.
Cancellation of Sectional Plans: In the event of unforeseen circumstances, we can guide you through the legal process of cancelling a sectional plan.

Transfers

Commercial Property Transfers:

Developer Sales: We facilitate seamless transfers from developers to purchasers, ensuring all legal requirements are met for both bulk and individual property sales.
Going Concern Sales: For established businesses, we handle the legal aspects of transferring Letting Enterprises (rental properties) as a going concern.
Asset Sales: Our expertise extends to structuring and executing asset sales for share transfers within companies.
Intra-Group Transfers: We ensure efficient and compliant transfers of property within a group of companies.
Land Swaps: We navigate the legal complexities of exchanging land (land swaps) to achieve your desired outcome.
Rectification & Partition Transfers: We assist with rectifying errors in existing property deeds and facilitating property partitions when co-ownership situations change.
Auction Transfers: Our team can guide you through the legal process of transferring property sold at auction.

Residential Property Transfers:

New Property Purchases: We handle both bulk and individual residential property transfers from developers to new homeowners.
Existing Property Sales: We ensure a smooth and compliant process for transferring existing residential properties.
Estate Transfers: Our team guides you through the legal aspects of transferring property within an estate.