An overview of the deeds registration system and deeds registries in South Africa
Historical background of the deeds registry and the office of the conveyancer Our deeds registration system is not unique. In Egypt, in approximately 3000 BC, a system for the conveyance of ownership, similar to our system, existed. From the Bible (see Jeremiah, Chapter 32, verses 9-14) it is also evident that during that time a […]
Your Legal Guide to the Transfer Process
THE TRANSFER PROCESS THE BOND PROCESS WHO PAYS FOR WHAT IN THE SALE AND TRANSFER COSTS? SELLER BUYER QUESTIONNAIRE FOR AGENTS ASKING THE RIGHT QUESTIONS WILL PREVENT A DELAYED TRANSFER. FICA for seller and purchaser – ID and proof of residence, less than 3 months old, etc.Confirm/Verify the marital status of the seller and purchasers, […]
CONDITIONS WHICH ARE TO BE OMITTED FROM SUBSEQUENT DEEDS OF TRANSFER
Practitioners are often confronted with the question as to whether certainconditions must be perpetuated in a new deed of transfer, or merelyomitted. What follows is merely a few of the conditions that may beomitted, without further ado. Mineral Rights Any condition relating to mineral rights, as well asconditions ancillary thereto must be omitted (see CRC […]
Suspensive Conditions in Contracts of Sale of Immovable Property
When a contract is subject to a suspensive condition, the contract comes into effect only once the condition is met. On a practical level, this could involve a future event such as a deposit payment, securing a loan, or even meeting conditions like graduating from university to receive a bonus payment. Suspensive conditions are commonly […]
A Buyer’s and Seller’s Guide to the Property Transfer Process
Buying or selling a home is an exciting milestone, but things can feel a bit unclear when it comes to the legal process. Who is responsible for what? What are the legal steps? And how long does it all take? A qualified transferring attorney plays a central role in guiding the process and ensuring everything […]