There are different types of properties all around us and it is always best to know which type of property you own, want to buy or are renting. This is important as different types of properties have different conditions and land tenures.

Different types of properties

1. Residential

Residential property refers to property which has been specifically zoned as a dwelling for people and is normally owned by individuals.It is normally in single units. Meaning 1 house, 1 person (or family), 1 yard.

Residential property in Botswana

Residential property in Botswana can be found in all types of land tenure, meaning you can own residential property in state land, tribal land and in freehold land. 

For State land residential land tenure period is for 99 years. For Tribal land, the residential period is 99 years as well. However, according to the new Tribal land Act 2020 tribal land is subdivided into 2 categories being:

• Leasehold;
• Customary land grant

Therefore, a lease in tribal land will be for a period of 99 years. Whereas customary land grant in tribal land will be in perpetuity, meaning it will be forever. 

Freehold land tenure is in perpetuity with no limit to the number of years one can own such land be it residential or otherwise.

2. Multi- residential 

Multi residential property is one where there are multiple houses in one big yard each being rented out to various different people. For instance, 1 yard can have 3 houses inside and the people living inside mostly are renting. It is simply a residential property turned into multiple living spaces. In some instances the landlord can stay in one of the houses or choose to rent out all of the houses. 

In a multi-residential property, if you want to sell the property, you sell the whole yard with the properties inside. For instance, as with the above example, if 1 yard has 3 houses and you want to sell the yard, you will sell the yard with 3 houses inside. 

Multi-residential Property in Botswana

The duration of the lease period of multi-residential property will depend on the type of land tenure.

3. Sectional Titles 

A sectional title property is like a multi residential property in that it will be 1 yard with 3 houses inside. However, a sectional title differs with a multi-residential property in that all those 3 houses can be sold individually even though they are in the same yard. This means that you can sell the 1st house, the 2nd house and the 3rd house to anyone even though the houses are all in the same yard. 

The other difference is that the way you build multi-residential property and the way you build sectional title property is different. They each have a different layout plan with sectional titles having defined parking bays etc attached to each house. Therefore, although the 3 houses will be in the same yard, they can each stand on their own.  A real life example will be a sale of 20 units in a flat, where there is one flat in a plot with 20 units, each unit will stand on its own even though it is in the same plot. 

Sectional title property in Botswana

The duration of a sectional title property lease period depends on the duration of the land in which the sectional title is built. For example, if a sectional title is built on commercial property it will be for a period of 50 years and a sectional title built on freehold land will be for a perpetual period. 

4. Commercial

Commercial property is land which is used for commercial purposes. Such land is normally designated by the layout plan of the city. 

There are different types of commercial property depending on the type of business that will be done on the property. For example some property can be used as office rentals, dry cleaning, malls, restaurants etc.

Commercial Property in Botswana

The duration of a lease of commercial property is 50 years. 

5. Farms 

Farms refer to land which has been specifically designated as farming land for purposes of farming. This land can be used to do different types of farming be it rearing cows or goats or as a ploughing field. Farming in Botswana has been designated to only be done in Freehold land and Tribal land. 

Farming Property in Botswana

The duration of farming property in Botswana is 50 years in tribal land and perpetuity in freehold land. 

Please not that the durations mentioned in this article are those stipulated by the law of Botswana attached to the different types of properties and land tenures. 

This information is especially important for people who want to rent property or who want to buy property. So always check the type of land you are interested in and if you want to buy, always check the title deed to confirm the land type. 

References:

Tribal Land Act Botswana

State Land Act Botswana

Sectional Titles Act Botswana

Author

Tshegofatso M Seretse (Editor)

Tshegofatso M Seretse (nee Gareegope) LLB, LLM, MBA is the Founder and Editor of Legal Dialog, whose mission is to empower lives through legal education. She is also an admitted Attorney, Conveyancer and Notary Public in the High Court of Botswana who loves the law and believes in legal advocacy. Tshegofatso is also a Published Author, Blogger and legal advocate.

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