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Real Estate

Our real estate team has extensive experience in property in Botswana and can advise on all aspects of property law regarding different forms of land tenure. The regulatory aspects of real estate are an important element of our work.

Our services include providing legal advice on small to large energy and mining projects, advising clients on matters relating to land tenure and mining rights, and securitisation for and on behalf of lenders.

We advise on transfers of all form of property, subdivisions, consolidations, sectional titles, bonds and other forms of security, and support clients on the recently enacted Trust Property Control Act.

We also act for most of the commercial banks in registering the various forms of security over movable and immovable property in terms of the common law and legislation.

Experience has included advising:

  • Smart Partnership Enterprises (Proprietary) Limited on the largest mixed use (offices, retail and commercial) sectional title in Botswana
  • On the formation of Phakalane, the first privately-owned township in Botswana
  • Marubeni Corporation/Posco Energy consortium on construction, operations and maintenance of a proposed 300 MW power station in Palapye
  • Botswana Power Corporation on land and coal supply aspects of a 600 MW coal-fired power station
  • Morupule Power Station and expanded Morupule Colliery including negotiating and drafting water supply agreements from various sources (boreholes and north/south carrier pipeline)
  • Major banks on the legality of project finance agreements and enforceability of transactions for funding coal mine expansion
  • Terence Dambe ranked Band 2 (Chambers & Partners 2019)

Landlord’s tacit hypothec

The relationship between a landlord and their tenant is not often smooth, more so when the tenant fails to pay rent.

The Fields Precinct

Smart Partnership Enterprises (Proprietary) Limited (“Smart”) is the proprietor of a 9.61 hectare plot located in the new Central Business District of Gaborone.