Conveyancing

The word “conveyancing” is used to describe the administrative and legal procedure that is required to transfer ownership (and other rights) in immovable property, from one person to another, in South-Africa.

Everytime a property changes ownership a “Deed of Transfer” must be prepared and lodged at the relevant Deed’s Registry.

In the conveyancing process, the underlying reason for a particular transfer is referred to as the “causa” of such transfer.

Transfers, resulting from property sales are the most widely used “causa”, but many others also exist, for example:

Inheritance: In terms of a Will or Intestate Succession Act.

Donation: In terms of a Donation Agreement between parties.

Divorce: In terms of a Court Order or Settlement Agreement.

Registration of immovable property into the name of a married person.

Where immovable property is registered in the name of a person who has married since the registration took place, the relevant Title Deed can be endorsed to reflect the change in status of the parties.

Transfer from a terminated partnership:

If on the dissolution of a partnership (and upon agreement between the partners), the Registrar of Deeds shall (subject to certain requirements) endorse the Title Deed to reflect the fact that such partners are entitled to subsequently deal with the property as if they have taken formal transfer thereof.

Transfer to a surviving spouse (through Endorsement)

 If immovable property (which formed an asset in a joint estate), is acquired by a surviving spouse (through a Will or Intestate Succession) the Registrar of Deeds shall (subject to certain requirements) endorse the Title Deed to reflect the fact that such spouse is entitled to subsequently deal with the property as if he/she has taken formal transfer thereof.

Endorsement of Deeds after divorce

If immovable property (which formed an asset in a joint estate), is awarded to one of the spouses (through a Divorce Order or Settlement Agreement), the Registrar of Deeds shall (subject to certain requirements) endorse the Title Deed to reflect the fact that such spouse is entitled to subsequently deal with the property as if he/she has taken formal transfer thereof.

Endorsement of deeds upon change of Matrimonial Property Regime.

If immovable property (which formed an asset in a joint estate), is awarded to one of the spouses (through a court order that changes the matrimonial property regime of the parties), the Registrar of Deeds shall (subject to certain requirements) endorse the Title Deed to reflect the fact that such spouse is entitled to subsequently deal with the property as if he/she has taken formal transfer thereof.

Registration of lapse of personal servitude

If a personal servitude (restriction on land) has lapsed (for any lawful reason), the Registrar of Deeds shall (subject to certain requirements), endorse the Title Deed, to the effect that such servitude has lapsed, which in turn, allows the owner to subsequently deal with the property free from such restriction.

 

Before the promulgation of the Sectional Titles Act 66 of 1971, it was not possible to register title to a building or portion thereof, in the Deeds Registry.

The Sectional Titles Act then introduced a three dimensional concept in respect of land and buildings thereon, whereby a separate land registry system came into existence.

South-Africa has one of the most developed property registration systems in the world, which grants an owner unaffected title (to a property or sectional title unit) once a property has been registered in the Deeds Office.

Our experience (of more than two decades) is at your disposal, which allows us to help you steer clear of the pitfalls that often arose when acquiring or selling your most valuable asset.