Property Transfer and Conveyancing South-Africa

Louwrens Koen Attorneys
Tel 0870010733
E-Mail: convey@louwrenskoen.co.za

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Glossary of Conveyancing Terms


Terms frequently used in property transfer and conveyancing.

  • Act A form of legislation passed by the courts for the government.
  • Addendum A supplementary and separate agreement to an original sale contract, and should it contradict the original contract, it is presumed to overrule it.
  • Administration Fee The monthly cost that the bank charges to handle a mortgage loan.
  • Affordability Analysis An analysis of a buyers income, liabilities and available funds, in order to determine their ability to afford the purchase of a property.
  • Agreement of Sale Also referred to as the Offer to Purchase. It is a legally binding document signed by the buyer and seller, whereby the buyer agrees to buy a property from the seller, who agrees to sell the property to the buyer for a proposed purchase price and conditions on which the sale will take place.
  • Alienate The Alienation of Land Act 68 of 1981 governs the alienation (selling, exchanging or donating) of immovable property.
  • Amortization Loan payment by equal periodic payments calculated to pay off the mortgage at the end of a fixed period.
  • Antenuptial Contract An agreement entered into by parties prior to getting married, they will then be married out of community of property.
  • Appraisal An estimate of the value of property, made by a qualified professional called an "appraiser/valuator ".
  • Arbitration Procedure whereby parties to a dispute appoint an arbitrator, whose decision is final and binding, to settle the dispute.
  • Assessment The bank’s assessed valuation of the property.
  • Association Agreement An agreement concluded between the members of a close corporation, which states the contractual capacities of the members.
  • Auction Method of selling a property to a person who makes the highest bid.
  • Bank A financial institution.
  • Body Corporate The controlling body of a sectional title scheme, responsible for the costs of upkeep and maintenance of the property.
  • Bond See mortgage.
  • Bond Registration Fees Fees and costs payable by the borrower to the bond attorneys who are attending to the registration of the bond at the Deeds Office.
  • Bond Term The time period, over which you have to repay your homeloan.
  • Borrower The person who applies for and receives a mortgage loan with the intention of repaying the full loan amount.
  • Breach Clause A condition in a contract, which obliges the parties to give the defaulting party written notice to remedy their breach of contract within a specific period (usually seven days) before the contract can be cancelled.
  • Bridging Finance A loan that is collateralised by the borrower's present home sale in progress before the present home is transferred.
  • Building Loan A loan used to finance building a house. Usually paid in trances as the building works progress and upon inspection by the banks inspectors.
  • Cancellation Attorney This attorney attends to the cancellation of the seller’s bond and is appointed by the bank, which holds the current mortgage bond.
  • Cancellation Figures Outstanding amount on the mortgage, interest and any other costs required to settle the mortgage bond.
  • Capital Gains Tax All taxpayers are taxed by the government on the profit they make from the sale or disposal of an asset , such as property. Primary residence excluded.
  • Cession A document signed by the borrower, ceding their life policy to the bank, as surety for a mortgage.
  • Clearance Certificate Issued by the relevant authority stating that the rates or levies for the property have been paid up to a future date.
  • Close Corporation (CC) A business entity registered in terms of the Close Corporations Act 69 of 1984. A maximum of ten natural people can be members of a CC. It may conclude agreements of sale or leases in it’s own name.
  • Cluster A freehold property in a development of similar houses, usually with good security and limited access.
  • Code of Conduct A set of ethical rules drawn up by the Estate Agency Affairs Board to regulate estate agents’ ethical conduct.
  • Cancellation Attorney This attorney attends to the cancellation of the seller’s bond and is appointed by the bank, which holds the current mortgage bond.
  • Collateral The amount of security provided to secure a mortgage bond.
  • Commercial Property Property used for business or office use.
  • Common Property It is all the land in a sectional title complex, as well as those parts of the buildings which are not included in a particular section or unit. Common property can include stairwells, lifts or elevators, carports, swimming pools, gardens, etc.
  • Commission Remuneration paid to a estate agent by their client. Usually the Seller.
  • Common Law The law that automatically applies if the parties have not reached an agreement on a specific legal issue in the Offer to Purchase. The South African common law is the Roman Dutch Law.
  • Company A trading entity that is commonly used for commercial activity and may enter into agreements of sale or lease in its own name.
  • Condition A clause that renders the operation and consequences of the contract as a whole dependent on an uncertain future event. A suspensive condition suspends the operation of the contract for a period of time, subject to the occurrence of a future event, and only if and when the condition has been fulfilled will an enforceable contract exist. In the case where a resolutive condition is stipulated, the contract is immediately binding and will remain binding unless the condition is not fulfilled.
  • Conditions of Title Restrictive conditions limiting an owner's rights over their property, which are recorded on the property’s title deed. They cover matters such as building limitations and servitudes.
  • Consolidation of Debt Applies when a customer is paying off two products bought on credit and he chooses to combine both products and pay them off as one debt, possibly taking advantage of a lower rate.
  • Contract A legally enforceable agreement, for example a lease or sale.
  • Conveyancer An attorney who is usually appointed by the seller and is qualified to attend to the registration and transfer of immovable property from a seller to a purchaser and the registration of any bonds.
  • Conveyancing Costs Costs and fees payable to the conveyancer.
  • Cooling-off Right A statutory right, recorded in Section 29A of the Alienation of Land Act, giving the buyer of a residential property costing R250,000 or less, the right to withdraw from the sale within five working days of signing the offer to purchase. It does not apply if the buyer is a company, close corporation or trust.
  • Costs Clause Makes provision in a mortgage loan document, securing an additional amount lent, to cover potential costs, such as transfer and bond costs.
  • Credit Record The credit history and current status of a borrower's credit standing.
  • Creditor Someone to whom you owe money.
  • Debit Order An instruction to the bank to debit your account monthly with your monthly expenses, i.e. your home loan installment.
  • Debtor Someone who owes you money.
  • Deed of Sale Also referred to as the Agreement of Sale or Offer to Purchase.
  • Deeds Office A government department responsible for the registration of transfer of immovable property.
  • Deed Office Registration Fees Fees charged by the Deeds Office for registering the mortgage bond and title deed.
  • Default Failure to meet legal obligations in a contract. Also see Breach
  • Defect A patent defect is a clearly visible defect. A latent defect is a fault or flaw that is not immediately detectable, or is hidden from view on inspection of the property.
  • Deposit Money you have readily available that you use as part of the payment on your new property. When renting property, a deposit is an amount that you pay upfront and is used as security in the event that you cause any damage to the property while renting it.
  • Domicilia Citandi et Executandi Also referred to as Domicilium. It is the physical address a person gives for any legal documents and notices that might have to be served, it is the place where a person is deemed to be a permanent resident and may not be be a PO Box or Private Bag Address. . If you have been sent a document or notice to this address, you will be deemed to have received it, even if you did not in fact receive it.
  • Domicilium See Domicilia Citandi et Executandi.
  • Duet House One of two separate free-standing or attached units that have been built on one stand.
  • Duplex A sectional title unit on two levels with stairs.
  • Dwelling Any house, flat, apartment, room, hostel room, hut, shack, outbuilding, garage or demarcated parking space.
  • Electrical Compliance Certificate A certificate, which is issued by a qualified electrician stating that the electricity installation for a property, from its supply point, is safe according to the Occupational Health and Safety Act. The cost of this and any electrical repairs that need to be made are for the seller’s account. It is legally required in order for the property to be transferred into the purchaser’s name.
  • Endorsement A note made on the title deed of a property by the Registrar of Deeds.
  • Entomologist’s Certificate Legally required in some coastal provinces before transfer of a property can take place, confirming that its structure is free of wood borer or termite infestation.
  • Equity The value of a property an owner has over and above the mortgage against the property.
  • Escape Clause A condition in a contract, when a buyer is given time to sell his property first, giving the seller the right to cancel the agreement if he gets a higher offer from another buyer.
  • Estate When a person dies, all their assets and liabilities will be placed in their deceased estate, which is wound up by an executor.
  • Exclusive Use Area The owner of a sectional title unit can never become the owner of any portion of common property, but they can acquire the right of the exclusive use of a certain portion, such as gardens and parking bays.
  • Expropriation Procedure where a property is taken over, usually by local authorities, for specific purposes in the public interest.
  • Finance Charges The interest charged on a loan.
  • First Mortgage The primary lien against a property.
  • Fixed Installment The fixed monthly payment (including interest) due on a mortgage loan. It remains constant for a certain period, and goes hand-in-hand with Fixed Interest Rates.
  • Fixed Interest Rate The mortgage interest rate will remain the same for a specified term of the mortgage for the original borrower.
  • Fixtures and Fittings Attachments to a home, which are deemed to permanently belong to it. If it is permanently attached, nailed or screwed into the floor, wall or ceiling, it is a fixture.
  • Foreclosure A legal process by which the lender or the seller forces a sale of a mortgaged property because the borrower has not met the terms of the mortgage. Also known as a repossession or sale in execution of property.
  • Freehold A free-standing house on a plot of ground with its own Erf number. Full Title Describes the transfer of full ownership rights to the buyer.
  • Guarantee A formal letter issued by a financial institution to the transferring attorney, undertaking to pay the purchase price (or outstanding amount) on registration of transfer of the property into the name of the buyer.
  • Home Owners Insurance Insurance taken out to cover your property from damage caused by fire, rain, a broken geyser, etc.
  • Homeloan An agreement between the customer and a bank whereby the bank lends the customer money in return for a security (mortgage bond) being registered over the property in the bank’s favor.
  • House Rules These are the rules governing the control and management of the property in a sectional title development
  • Huur Gaat Voor Koop ‘ Lease goes before sale’ – where leased properties are sold before the lease expires, the tenant may remain in occupation of the premises until the lease expires.
  • Immovable Property Land and everything that is permanently attached to it.
  • Initiation Fee A once-off fee charged by the bank to offset the cost of opening the mortgage account.
  • Insolvent A person who is unable to meet his debts or discharge liabilities.
  • Installment The regular monthly amount that a borrower agrees to pay on an outstanding debt to a lender.
  • Interest The fee charged for borrowing money.
  • Interest Bearing Account When attorneys and/or realtors hold money for clients, it is deposited into separate Interest Bearing Accounts, until these monies and interest accrued during this time have to be paid out to whom they are owed.
  • Interest Rate The percentage of a loan that a financial institution charges, which is payable monthly.
  • Investor A money source for a lender.
  • Joint Income The total gross income of the mortgage applicants
  • Joint venture An investment entity formed by one or more entities in order to acquire or develop and manage assets.
  • Judgement A legal recording of a person’s inability to honor a debt.
  • Landlord The person who lets out a property to someone else.
  • Latent Defect See defects.
  • Lease Agreement A contract whereby the landlord allows the tenant temporary use of a dwelling, in return for payment, known as rent.
  • Legal Entity A company, close corporation or trust
  • Lessee A person who occupies a property (also known as a tenant), but does not own it and pays rent in return.
  • Lessor The person who rents out a property to someone else.
  • Levy Levy is the owner of a sectional title unit’s proportionate share of the costs incurred by the complex for the month.
  • Levy Clearance Certificate Issued by the body corporate of a sectional title scheme stating that the levy has been paid to a future date in respect of the property.
  • Liabilities A person's long-term and short-term financial obligations.
  • Lien Where a person has improved someone else’s property or has incurred certain expenses in respect thereof, he may retain possession of such property until the debt due to him has been discharged, it is the right to retain possession.
  • Limited Real Right A registered right over someone else’s property, such as servitude's and mortgage bonds.
  • Lodgement The act of handing in the necessary documents at the Deeds Office for examination and registration of transfer.
  • Mandate An instruction, authority or agreement given to a estate agent by a seller, to market their property.
  • Market Value The price that a willing and financially able buyer would pay, to a willing seller, for a property in a particular area at a given time.
  • Married In Community of Property Parties have a joint estate and any immovable property will be registered in both spouses’ names.
  • Maturity The date on which the principal balance of a loan becomes due and payable.
  • Memorandum of Incorporation This document forms part of the constitution of a company and contains valuable information about the company.
  • Mortgage An agreement between the customer and a bank in the form of a home loan, whereby the property is used as the security for the loan. It is a legal document that pledges a property to the lender as security for payment of a debt.
  • Mortgage Originator An individual or company that assist buyers in applying for a mortgage, homeloan or building loan, with the different banks.
  • Mortgagee The lender usually a bank, that advances or lends money on the security of a property purchased.
  • Mortgagor The borrower, who borrows from a lender by mortgaging his property to the lender as security.
  • Net Income The borrower's gross income minus tax and other deductions.
  • Nominee The person nominated or appointed by another person for a specific purpose.
  • Null and Void A legal expression, meaning a final cancellation or lapse of an agreement without any legal effect.
  • Occupation The date when the buyer is entitled to physically occupy the new property.
  • Occupational Rent An amount paid by the person occupying the property to the party in whose name the property is registered, if the registration of transfer does not take place at the same time as the occupation date.
  • Offer to Purchase See Agreement of Sale.
  • Option An offer made to a person coupled with an undertaking by the person making the offer not to revoke his offer for a specific period.
  • Participation Quota Used to calculate the individual owner’s monthly levy in a sectional title, it is determined by dividing the size of each section into the total floor area of all the sections.
  • Partnership A contact between a minimum of two and a maximum of twenty persons, to carry on business in common. There are no formalities required to start a partnership and it is not a separate legal entity. Partners are personally liable for partnership debts.
  • Patent Defect See defects.
  • Pre-approval Assessment by a financial institution, it states the amount of the home loan a person qualifies for.
  • Possession It passes to the buyer on registration of transfer, with all obligations and rights to the property passed to the new owner.
  • Power of Attorney A legal document authorizing one person to act on behalf of another.
  • Progress Payments Payments made to the building contractor, by the bank, from the customer’s building loan account, as building work progresses. The assessor does an inspection and releases the retention accordingly.
  • Rates and Taxes Taxes are levied on all property owners by the municipality. Rates are included in the levy if you buy Sectional Title. They are payable on a monthly basis and are calculated as a percentage of the value of the property.
  • Rates Clearance Certificate Issued by the local authority stating that the rates and taxes have been paid to a future date in respect of the property.
  • Real Right A right over or in respect of immovable property and registered against the title deed of the property.
  • Realtor A person licensed to negotiate and transact the sale of real estate on behalf of the property owner. Also see estate agent
  • Registration of Transfer The process whereby ownership of property transfers from the seller to the buyer via a Deed of Transfer.
  • Repo Rate A credit management tool used by the South African Reserve Bank to regulate customer spending in the country.
  • Resolutive Condition The contract is immediately binding and will remain binding unless the condition is not fulfilled.
  • Risk Profile A person’s credit worthiness.
  • Sectional Title A development made up of sections, whereby all section owners are members of a Body Corporate. Each section owner is responsible for their own section.
  • Sectional Title Register A register of sections in a sectional title scheme registered in the deeds office.
  • Second Bond An additional loan on a home.
  • Security Collateral for the bank that a client pledges in case they default on their mortgage payment.
  • Sequestrated Declaring a person insolvent and passing his/het estate into the hands of the Master of the High Court
  • Servitude A registered right (as per the title deed) that a person has over the immovable property of another.
  • Shareblock A buyer acquires a share in a company that owns the shareblock scheme, which entitles the buyer to use and occupy a specific unit. A shareblock buyer never receives the title to the unit.
  • Simplex A sectional title unit on one level with no stairs.
  • Smallholding A property of maximum 20 hectares situated within close to a built-up area.
  • Stamp Duty A tax imposed by the government. Discontinued
  • Statutory Law Written law of the country.
  • Subdivision
  • Surety A person who stands as guarantor for a loan for someone else.
  • Survey
  • Surveyor General’s Diagram A diagram that shows sub-divisions, servitudes and expropriations.
  • Suspensive Conditions Conditions written into the Offer to Purchase by either party that must be fulfilled for the agreement to become unconditional and legally binding.
  • Tenant A person who occupies a property, but does not own it and pays rent in return.
  • Title Deed A document that gives evidence of an individual's ownership of property. It includes the following information about the property: names of the current and previous owners; a full description including it’s square meterage; the purchase price paid by the existing owner; all conditions restricting the use; and all limited real rights registered.
  • Townhouse A general term for either a simplex or a duplex
  • Transfer Costs Costs payable for the registration of a property and include transfer duty, conveyancing fees, and registration fees.
  • Transfer Duty A tax levied by the government on the transfer of land. If the purchase price includes VAT no transfer duty is payable.
  • Transferring Attorney Appointed by the seller to attend to the transfer of the property into the name of the buyer.
  • Trust A contract between the founder and the trustee in terms of which the trustee is to administer the trust fund for the benefit of the beneficiaries.
  • Trust Account The separate interest bearing accounts used when attorneys and/or realty companies hold money for people, until these monies and interest have to be paid out to whom they are owed.
  • Trustee A person appointed to manage the affairs and assets of a trust. In terms of sectional title, the trustees attend to the day-to-day running of the scheme, which includes the collection of levies and the employment and management of staff.
  • Valuation Fees The amount that a financial institution charges to assess the property prior to granting the finance that has applied for.
  • Value Added Tax (VAT)Tax on goods that is levied on the value added that results from each exchange. If the seller is a "VAT Vendor", VAT may be payable and not transfer duty, or, if the Purchaser is a Vendor, transfer duty may be payable
  • Voetstoots  To sell it as it stands” without any guarantees given by the seller as to the condition of the property, the seller therefore cannot be held responsible for latent or patent defects. The property is sold "as is".
  • Waiver of Lien A legal document where a contractor waives his common law right to hold control over a property if he is not paid in full.
  • Zoning The purpose for which your property may be used, for example, residential or business as deemed by your local authority.

Conveyancing in South-Africa Explained


THE SOUTH AFRICAN LAND REGISTRATION SYSTEM AND CONVEYANCING

Conveyancing in South-Africa Explained
Almost all land has been surveyed by a qualified land surveyor which survey is reflected on a surveyor-general diagram. Further to the above, all these surveyed land is registered in the name of a specific owner in the office of the registrar of deeds. The information contained by both the registrar of deeds and the surveyor-general is accessible to the public at a prescribed fee either by attending the officers or the de electronic media.

The process is thus very transparent and gives legal certainty. Ownership cannot be changed without an intricate registration process. The object of the registration process these to protect the registered rights and to give notice to the public of such protection and it was to provide an accessible record that can be used in the event of disputes.

WHAT IS CONVEYANCING?
The term "CONVEYANCING" describes the legal process whereby a person, company, close corporation or trust becomes the registered and lawful owner of fixed property and ensures that such ownership cannot be challenged. It also encompasses the process of the registration of mortgage bonds.

WHAT IS A CONVEYANCER?
A Conveyancer is an attorney who also passed the national conveyancing examination and by law is the only person who can register fixed property transfers. This is necessary to ensure the protection of the various interests the parties have in the transaction and to maintain the high standard of land registration.

WHO APPOINTS A CONVEYANCER?
The seller usually appoints a Conveyancer to attend to the transfer of fixed property, although this, like other aspects of a sale agreement, can be varied by negotiation between the parties.

WHAT IS THE FIRST STEP IN THE SALE OF FIXED PROPERTY?
The first requirement is a valid agreement of sale. This is a written agreement that is signed by both the purchaser and seller (and by the seller's spouse in cases where the parties are married in community of property or account to the laws of a foreign country). A written "Offer to Purchase" signed by a purchaser and accepted by a seller also constitutes a binding agreement. An oral contract for the sale of fixed property is invalid.

WHAT ARE THE MOST COMMON TERMS OF SALE TO BE CONSIDERED BY THE SELLER (AND PURCHASER)?
  • The name, address, identity numbers and marital status of both buyer and seller, (e.g. married in or out of community of property, or by way of foreign marriage);
  • If a company is buying, the capacity of its signatory;
  • A clear description of the property;
  • The selling price and manner of payment. If a deposit is payable, that it be held in trust by the named Conveyancer;
  • That the buyer is to pay all transfer costs and all taxes and other municipal charges on the property from the date of possession;
  • The date on which the buyer is to take possession and occupation; the date on which transfer is to take place;
  • That the property is sold "voetstoots" or "as is" (in other words without any guarantee by the seller regarding visible or hidden faults);
  • The name of the Conveyancer who will attend to the transfer;
  • That commission is due to a named estate agent, and the amount thereof; that the specific agent introduced the buyer to the property; or was the cause of sale;
  • that if the occupation is taken before the date of transfer, the buyer will pay occupational interest or rental from that date. The amount and manner of payment must be stated;
  • If a borer-free certificate has to be obtained, who must pay for the inspection and any work required;
  • Who will pay for an "electrical certificate" and any work required;
  • That no amendment to the agreement of sale will be valid unless it is in writing and signed by both parties;
  • Where the sale is subject to the purchaser obtaining a loan, the amount of such loan, the institution to whom he/she may apply and the date by which the loan must be approved;
  • Where the sale is subject to the sale of the purchaser's property, a description of the property, the amount for which it is to be sold and the date by which it must be sold;
  • Any special condition which has been inserted either at the instance of the buyer or the seller must be carefully checked. The seller may wish to ensure that certain items are not regarded as immovable, forming part of the property sold. He must check to see that these have been properly listed. It is usually wise to obtain legal advice on special conditions.
WHAT HAPPENS NEXT? THE CONVEYANCING PROCESS
The Deed of Sale is handed to the appointed Conveyancer, who will draft the necessary documents. Both the seller and the purchaser will be required to call at the offices of the Conveyancer to sign the necessary documents. The documents to be signed include the following:
A Power of Attorney to Pass Transfer. This document must be signed by the seller as it empowers the Conveyancer to transfer the property on his/her behalf;
Declarations in respect of Marital Status, Identity Number and Insolvency;
Both purchaser and seller must depose to an affidavit wherein they state their marital status, identity number and confirm their solvency;
Transfer Duty and Value Added Tax (VAT) Declaration;
Transfer duty is a form of tax payable, normally by the purchaser, to the Government and is calculated on the value of the property. Both the purchaser and seller have to sign transfer duty declarations to be furnished to the Receiver of Revenue in which they affirm the purchase price to be paid. VAT is not usually payable on transactions between private purchasers and sellers but will be if the seller is a registered vendor under the VAT Act. Where the seller is registered as a vendor, he/she will sign a VAT declaration. If VAT is payable on the purchase price no transfer duty will be payable.

BOND DOCUMENTS

If the purchaser obtains a loan from a financial institution, the lender will require the purchaser to register a bond over the fixed property to secure the loan. To enable the Conveyancer appointed by the financial institution to prepare the necessary documentation, the purchaser must submit his/her identity document, marriage certificate and, if applicable, an Antenuptial Contract to the Conveyancer concerned.

WHAT ARE THE COSTS INVOLVED?
The costs relating to the transfer of the fixed property fall into three categories.
Transfer Duty or VAT
Where transfer duty is payable, a formula is applicable based on the value of the property. Transfer duty normally constitutes the majority of the costs; sometimes 90% or more of the costs of transfer, and is payable by the purchaser.
Rates and Levies
Whilst not a cost of transfer, rates and levies must be paid in full on the date of transfer. A pro-rata (normally to date of possession) portion of the charges payable on the fixed property to the relevant local authority or the levies payable to the Body Corporate in the case of a sectional title unit.

Transfer Fees
The Conveyancer's fees are suggested by a tariff and are calculated on a sliding scale based on the purchase price. The purchaser is normally liable for payment thereof together with VAT thereon.
Bond Registration Costs
Where a bond is to be registered, stamp duty is payable to the Receiver of Revenue, the amount whereof depends on the amount of the bond. The Conveyancer's fee is calculated on a sliding scale based on the amount of the bond and is payable by the purchaser to the Conveyancer who registers the bond together with VAT thereon.

Bond Cancellation Costs
If the seller has a bond registered over his/her property, this must be cancelled on transfer and the seller is responsible for payment of the Conveyancer's fee for cancellation together with VAT thereon. Once the documents have been signed by the purchaser and the seller, and the transfer costs, transfer duty and rates and levies have been paid, the Conveyancer may proceed with the registration of transfer of the property in the Deeds Office.

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Conveyancing F.A.Q


This is where you will find most answers. If there should still be any questions left, don't hesitate to contact us.

The term "CONVEYANCING" describes the legal process whereby a person, company, close corporation or trust becomes the registered and lawful owner of fixed property and ensures that such ownership cannot be challenged. It also encompasses the process of the registration of mortgage bonds. (See our brochure on "Mortgage Bonds").
A Conveyancer is an attorney who also passed the national conveyancing examination and by law is the only person who can register fixed property transfers. This is necessary to ensure the protection of the various interests the parties have in the transaction and to maintain the high standard of land registration.
The seller usually appoints a Conveyancer to attend to the transfer of fixed property, although this, like other aspects of a sale agreement, can be varied by negotiation between the parties.
CONCLUDING A WRITTEN DEED OF SALE
The Act prescribes certain information to appear in a deed of sale:
  • parties to the agreement;
  • price as agreed upon and
  • property description.
Supplemental information includes:
  • method of payment of purchase price;
  • details of financial arrangements to be made;
  • date of occupation and occupational interest payable;
  • date of passing of risk concerning the property; liability for payment of transfer fees;
  • details of agents commission and liability for payment thereof and other terms as agreed upon by the parties on conclusion of the deed of sale.
NOTE: Ownership does not pass on the date of the agreement, but only later on date of registration. Prior to registration the purchaser merely has a personal right to claim transfer of the property.
APPOINTMENT OF THE CONVEYANCER
According to the Common Law, it is the seller's prerogative to appoint a conveyancer of his choice to attend to the registration of the transfer of his immovable property. Keep in mind however
that several attorneys may be involved as one such transaction usually entails the following simultaneous actions:
  • Transfer of property from seller to purchaser;
  • Cancellation of sellers existing bond and
  • Registration of purchasers new bond.
Different conveyancers therefore attend to the various transactions in this process. They are referred to as the transferring attorney (who handles the transfer), the cancellation attorney (who represents the financial institution of the seller existing bond) and the bond attorney (who effects the registration of the new bond in the name of the purchaser). For each of these different transactions there are different fees and expenses payable, respectively linked to the purchase price and to the amount of the bond to be registered.
The estate agent or seller provides the conveyancer with the deed of sale. The conveyancer then proceeds to gather the necessary information and documentation to proceed with the registration process.
This includes:
  • full names, identity numbers and marital status of all parties;
  • the existing title deed of the property;
  • details of the cancellation figure regarding the bond (being the outstanding balance owed on the seller's bond, including capital and interest);
  • the outstanding rates and taxes/levies, which are payable monthly;
  • the means by which the purchaser intends to finance the transaction, through which financial institution and the amount of the loan and
  • information obtained from the Deeds Office regarding restrictions noted against the property or against any party that may influence the transaction.
DRAFTING AND SIGNING OF DOCUMENTS
After fulfilment of all suspensive conditions e.g. granting of a loan and the obtaining of all relevant information, documents are prepared for signature by all the parties.
Transfer documentation
Power of Attorney by which the seller empowers a conveyancer to appear before the Registrar of Deeds on his behalf to register the deed of transfer;
Insolvency and Marital Status Declarations by both parties to the transaction and
Transfer Duty Declarations by both parties in terms of which details regarding the purchase price are declared to the Receiver of Revenue together with the payment of transfer duty.
Bond documentation
Where a part of the purchase price is being financed by means of a loan, the purchaser will sign documentation at a conveyancer acting on behalf of a financial institution, for the registration of the
bond over the property as security for the loan. The required documentation is usually the following:
Power of Attorney to pass the bond whereby the purchaser empowers a conveyancer to register the bond in favour of the financial institution who granted the loan;
Insolvency and Marital Status Declarations and
Standard documentation of the financial institution. Each financial institution has its own set of required documentation to be signed before registration.
 STATEMENT OF ACCOUNT
The statement of account regarding the transfer usually consists of
the following:
  • Transfer duty: This is a form of tax payable to the Government, calculated at a specified rate on the value of the property.
  • If however, VAT has been included in the purchase price, no transfer duty is payable;
  • Rates and taxes/levies: Payable in advance to the Local Authority or in the case of a sectional title unit, payable to the Body Corporate;
  • Transfer fees: Prescribed by the Regulations and calculated
  • according to the value of the property;
  • Provisions for postages and disbursements;
  • VAT: On services rendered and
  • Deeds Office Registration fees: Payable per registration.
The statement of account regarding the bond registration usually consists of the following:
Fees of the financial institution: This can include inspection fees, initiation costs, administration costs and other costs;
Bond fees: Prescribed by the Regulations, payable to the conveyancer and calculated on the amount of the bond to be registered;
VAT: On services rendered;
Provisions for postages and disbursements and
Deeds Office Registration fee: Payable per registration.
 
FINANCIAL ARRANGEMENTS
The conveyancer is responsible to attend to a variety of financial arrangements during the registration process for example:
Collection of all costs as payable per statement of account;
Payment of transfer duty to the Receiver of Revenue and the obtaining of a transfer duty receipt;
Payment of rates and taxes/levies and obtaining a clearance certificate from the Local Authority or a levy certificate from the Body Corporate. (It is prescribed by law that no account for rates and taxes/levies payable by the existing owner shall be in arrears on the date of transfer);
Guarantees are requested from the purchasers financial institution for the available amount of the loan, for the payment of the outstanding amount of the purchase price. (A guarantee is an undertaking by a financial institution to pay the amount as set out therein on date of registration);
Arranging for the cancellation of the existing bond of the seller through the issuing of guarantees for the amount outstanding on the bond and
Arranging payment of the balance purchase price.
The full amount of the purchase price must be available, (except where the deed of sale states otherwise) either by means of a guarantee or a cash
deposit before registration.
In accordance with the deed of sale, you may request that all deposits made by yourself must be invested in an interest bearing account in your favour, for payment on date of registration.
THE DEEDS OFFICE
Conveyancers attending to the various aspects of the transaction liaise with each other on a continuous basis to arrange simultaneous lodgement and registration of all the documents at the Deeds Office. The Deeds Office is a Government Registration Office and keeps record of all real estate transactions and rights regarding such properties.
There are offices in Pretoria, Johannesburg, Bloemfontein, Cape Town, Kimberley, Pietermaritzburg, Nelspruit and Vryburg.
Each set of lodged documents is examined by Deeds Office officials to ensure that it complies with all relevant acts and regulations. Afterwards it is made available to the various conveyancers for
registration in the presence of the Registrar of Deeds. The linked set of documentation is registered simultaneously.
REGISTRATION
Registration renders the purchaser the registered owner of the property and his real rights are thus protected against third parties.
All financial arrangements are usually finalized within 24 hours after registration. This entails the payment of guarantees by the purchasers financial institution, payment of the amount of the cancellation figure to the existing bondholder, payment of the balance purchase price to the seller and the setting of accounts with all parties.
 
HOW LONG DOES THIS PROCESS TAKE?
 
It is difficult to predict the exact duration of a transaction, the reasons being:
 
a. The deed of sale may be subject to suspensive conditions eg:
 - the sale and conclusion of registration of the purchaser's property within a certain time period and
- the obtaining of a loan within a specified time period, before which the transaction does not proceed.
 b. Government Offices and other institutions require certain time periods to deliver documentation or issue certificates necessary in the process e.g.:
- clearance certificates from the Local Authority or the Body Corporate (6-10 days);
- transfer duty receipts from the Receiver of Revenue;
- guarantees from the Financial Institutions (7-21 days);
- consents to cancellation from the existing bondholders (7- 14 days) and
- Deeds Office for registration (8-15 days).
Unforeseeable problems: the fact that so many institutions are involved in the registration process adds to unexpected delays (for example postal delays or unusual conditions of title which may prevent timeous finalisation of the transaction).
All the above time periods may vary, but as a rule the usual duration of the registration process is 24 to 35 days after the confirmation of all financial arrangements.
Transfer fees are based on the value of the property. These fees are suggested by the Legal Council. The feespublished is only a guideline  to the transferring and bond attorneys. The disbursements, however, are at the discretion of the attorneys and these may vary from attorney to attorney. Transfer fees are negotiable within reason.
This is a question without a definite answer. The standard time is from 6-12 weeks however there may be different factors that can make this time frame longer or even shorter.
The municipality’s system takes anything from 6 - 52 weeks and more to refund the Seller. The municipality will request the seller to provide an instruction letter from the transferring attorneys to process the refund. There is no time frame in which the municipality operates to attend to the refund and this can unfortunately take any amount of time.
Once the matter registers in the deeds office, payments will usually be made 1-3 days after registration. This is to allow time for a bond to pay out and for the attorney to work out the finances.
The transfer costs are usually payable after the purchaser has signed the transfer documents.
Yes they can, however certain rules for signing will need to be followed. The procedure to be followed will depend on the country where the documents are being signed. E.g. The documents may need to be signed before a Notary Public and then Apostilled or they can be signed at the South Africa embassy.
Registration usually takes approximately 7-10 working days from date of lodgement. However, this time period differs depending on the Deeds Office where the transfer is lodged.
After registration the transfer documents (including the title deed) are microfilmed by the Deeds Office and thereafter they are released to the transferring attorneys. If there is a bond registered over the property the transferring attorneys will hand the original title deed to the bond attorneys who will then deliver same to the bank. The bank will hold onto the original title deed until the bond is cancelled. If no bond is registered over the property the transferring attorneys will hand the original title deed to the new owner thereof for safe keeping.
A deed of sale is a legal document that contains the terms of a contract of sale of a piece of land or an apartment in a block of flats and which must be signed by the seller and the buyer or their authorized agents.
By operation of the law, documents that are intended for the registration of transfer or mortgaging (making subject to a bond) property must be prepared by a conveyancer. A conveyancer is an admitted and practicing attorney and who has also been admitted to practice as a conveyancer.
A copy of a title deed, for information purposes, is obtainable from any Deeds Office upon written application to the Registrar of Deeds and payment of the prescribed fee which changes from time to time. The officials at the information section of a Deeds Office assist members of the public with the completion of the request forms and with the payment of the prescribed fee. You can also contact us and we will gladly order a copy online at a small fee.
Your deposit can be paid either to the estate agency or the conveyancers appointed to handle the transfer. They both have trust accounts where your money will be held pending the registration of transfer. Parties must stipulate in the offer to purchase where the deposit must be paid and as well as the date the deposit is due.

We prefer that the deposit be paid into the trust account of the transferring attorney. Remember to sign an authority to invest enabling the attorney to invest the money on your behalf until needed. Guarantees may also be issued against these investments.
The purchaser is usually liable for the following costs:
  • Transfer duty, which is a tax levied on property and based on the purchase price;
  • Transfer fees payable to the transferring attorneys;
  • Bond Registration Fees payable to the bond registration attorneys.
The Seller is usually liable for the following costs:
  • Agents commission as agreed between the seller and the estate agent;
  • Cost related to cancelling the existing mortgage bond registered over the property;
  • Rates and taxes that are due on the property, as well as outstanding levies in respect of a sectional title unit;
  • Costs related to obtaining compliance certificates eg: gas, fence, electrical certificates.
The Seller is usually liable for the following costs:
  • Agents commission as agreed between the seller and the estate agent;
  • Cost related to cancelling the existing mortgage bond registered over the property;
  • Rates and taxes that are due on the property, as well as outstanding levies in respect of a sectional title unit;
  • Costs related to obtaining compliance certificates eg: gas, fence, electrical certificates.
Bond costs are broken done similarly to transfer costs, being attorney’s fees. The amount payable will be determined by the value of the bond and by attorney’s tariffs. Depending on the bank you choose to go with, an initiation fee will be payable by the purchaser. This initiation fee is payable to the attorneys who will pay the fee directly to the bank.
Transfer Duty is a tax levied on the value of any property acquired by any person by way of a transaction or in any other way. Transfer duty has to be paid before the transfer can be completed. No transfer duty is payable on property acquired up to R950 000. Transfer duty is payable by the purchaser of the property.
Occupational rent typically comes into play when a buyer moves into the property before transfer and registration has taken place, or a seller remains in occupation of the property for a period after that point. Occupational rent is a form of financial compensation for the use of a property that the party does not own.
The Deeds Office keeps a record of all property transactions. If a title deed is destroyed or lost, application can be made to the deeds office for a duplicate original of the deed, at a fee. The application is accompanied by an affidavit stating that the deed is actually lost or destroyed and that diligent search has been made for the deed. Once the Registrar is satisfied he will then issue a certified copy of the title deed which will, for all purposes, be treated as if it were the original.
There are up to five certificates that may have to be supplied to the Purchaser when selling your house, namely, electrical, beetle, gas, water/plumbing and electrical fence. It is the Seller’s responsibility to pay for these certificates and to fix anything required in order to obtain the certificates.
After all the documentation has been signed and the costs paid, the transfer, new bond and cancellation bond documents are prepared by the respective attorneys for lodgment in the deeds office. All the documents are lodged in the Deeds Office by arrangement with the attorneys concerned.
You are required to give the bank 90 days’ written notice of your intention to settle your home loan, failing which the bank will charge 90 days’ interest in lieu of notice.

As soon as you supply us with the bond account number we will give the bank notice on your behalf by applying for the cancellation figures. Should registration then occur for example on day 60, you will only be liable for the remaining 30 days’ interest.

Yes, you should keep on paying these as you will be refunded after registration for any surplus amounts paid.
Section 2(1) of the Alienation of Land Act No 68 of 1981, stipulates that no alienation of land shall be of any force or effect unless signed by the parties to it or by their agents acting on their written authority.  Someone signing on behalf of someone else must be authorised by a written Power of Attorney.
Conveyancing has become a very stressful profession, with conveyancers and their staff often under immense pressure to perform to clients' expectations.

Much of the process, which they have to coordinate, is actually out of their hands. They are heavily dependent on banks, city councils, revenue offices and other role players (including local deeds offices) to perform their duties by furnishing them with bond instructions, rates clearances and so on.

Conveyancers and their secretaries are delayed and compromised by buyers who fail to pay deposits or rentals on time, or by both buyers and/or sellers wanting to change agreements resulting in inevitable further delays. Often it is just one party that defaults, resulting in the other pressuring the conveyancer to remedy the situation, hassles with electrical certificates and latent defects pressurize conveyancers even further.

  • protect the interest of his client, the Seller, at all times and these interests should outweigh all other considerations except of course issues of legality;
  • inform the seller of the conveyancing procedure and keep the seller informed of the progress of the transaction;
  • advise the seller on the content of the Offer to Purchase, especially regarding suspensive conditions;
  • advise the seller on the cancellation of his bond , any penalties, notice periods and other administrative charges which may affect the settlement figure;
  • obtain the seller’s instruction before issuing any guarantees in respect of the transaction;
  • do everything in his power to register the transaction on or as close as possible to the date agreed to in the offer to purchase;
  • advise the seller on his obligations in terms of the offer to purchase, so as to ensure that the transfer is not delayed;
  • meet with the seller to explain, as well as sign the necessary documentation in order to conclude the transaction;
  • prepare the deeds for lodgement with care , so as to minimise the risk of rejection of the documentation by the Deeds Office;
  • inform the seller of the transfer on the day of registration;
  • account to the seller for finances relating to the transaction within two days after registration.
  • contact his/her bank to find out whether or not s/he qualifies for a home loan and if so, what amount s/he qualifies for;
  • make sure that s/he can afford the monthly loan repayments and other costs like, rates and taxes, water and electricity, insurance premiums and so on;
  • find out about any once off costs, for example, legal costs, transfer duty or value added tax, loan administration, initiation and registration fees and so on;
  • consider his/her future needs, for example, whether the property that s/he intends to buy is close to his/her work, shops, schools, hospitals and so on;
  • examine the property s/he intends to buy thoroughly for any defects or potential defects, for example, cracks in the walls, damage to the roof, faulty plumbing and so on. The defects may be taken into consideration when negotiating the purchase price of the property; and
  • ask the person selling the property (“seller”) to provide him/her with the following documents: copies of the title deed and diagram; any existing lease agreements; approved building plans; and any other relevant information (such as zoning, town planning or municipality requirements). These documents must also be taken into consideration when negotiating the purchase price of the property.
  • After examining the property and perusing the documentation, the buyer must decide whether or not s/he is interested in buying the property. If the buyer is interested in buying the seller’s property, s/he can make an offer to the seller or his/her estate agent.
  • When the terms and conditions of an offer to purchase are being negotiated, the buyer will be asked for the date that s/he intends to move into the property (occupation date). If no date is set, the seller has the right to remain in the property until the property has been registered (transferred) into the buyer’s name and the seller has received the purchase price.
  • After the buyer and seller have reached an agreement on the terms and conditions of the sale, the offer to purchase must be reduced to writing (if not already done so) and signed by both the buyer and the seller in acceptance; a sale agreement comes into existence.
  • Any change to the sale agreement must be done in writing and signed by both the buyer and the seller.
No. When a seller decides to sell his/her property privately, it is advisable that s/he  approach a professional to draw up a sale agreement. The professional must have the necessary knowledge and skills to advise the seller and draft a sale agreement best suited for the particular sale. Contact us to assist with the contract, fee quotation, and transfer of the property?
  • Identity of the seller and the buyer: by including their names, identity numbers, addresses, marital statuses and so on.
  • Description of the property being sold by the seller: by including the deeds office’s description, size, and/or street address of the property being sold.
  • Purchase price of the property payable by the buyer: by including how the purchase price is going to be paid for by the buyer, for example, in cash or by obtaining a loan, and whether or not a deposit is payable. If a deposit is payable, the deposit must be held in an interest-bearing trust account by the conveyancer (the attorney instructed to transfer the property). If the purchase price is R250 000 or less, a cooling-off period of five working days will apply.
  • The terms and conditions that the seller and the buyer MAY also agree on are, for example:
  • Fixtures and fittings: anything else included in the sale of the property must be specified, for example, a tool-shed, curtains, remotes and so on.
  • Conveyancer: details of the conveyancer handling the transfer. Usually the seller decides on a conveyancer, however, the seller and the buyer may also agree on a conveyancer.
  • Costs: person responsible for certain costs relating to the transfer of the property, for example, obtaining a clearance certificate, transfer duty or value added tax and so on. The buyer and the seller are usually responsible for their own costs relating to obtaining, or cancelling of, a loan for the property.
  • Occupation: the date of occupation by the buyer (on registration or a specified date before or after registration of the property into the buyer’s name) and the amount of occupational rent payable by the seller or the buyer, if any.
  • Voetstoots: when a property is sold “as is” (current condition). The defects or possible defects must be disclosed to the buyer to avoid liability for damages.
  • Estate agent: name of the estate agent and the amount of commission payable, if any. The commission is negotiable between the seller and the estate agent.
  • Certificates: the seller must provide, at his/her costs, an electrical compliance certificate, electrical fence certificate, pest control certificate and/or a gas compliance certificate.
  • Suspensive conditions: for example, whether the sale is subject to the buyer obtaining a loan within an agreed period of time. The sale cannot proceed until all the suspensive conditions have been met.
  • Breach: what will happen if the seller or the buyer does not comply with the sale agreement, for example, if the buyer breaches the agreement of sale, the seller will notify the buyer to fix the breach within seven days. If the buyer does not fix the breach, the seller will be entitled to proceed with a claim for performance in court or cancel the sale agreement and proceed with a claim for damages in court.
A suspensive condition is an uncertain future event. The Offer to Purchase is thus subject to the happening of this uncertain future event. Should the Purchaser fail to comply with the suspensive conditions pertaining to his/her specific offer within the allotted time frame, the Offer to Purchase becomes null and void and is of no effect.
The transfer documents are drafted and signed once all the conditions of the offer to purchase have been met, the conveyancer has received the requested FICA documents from all the parties and has received a copy of the title deed from the Seller or the bank (if there is a bond registered over the property).
In a normal conveyancing matter there are 3 attorneys:
  1. Transferring attorney – attend to the overall transfer of the property from the seller to the buyers’ name.
  2. Bond cancellation attorney – attend to the cancellation of the bond which is in the name of the seller.
  3. Bond registration attorney – deals with the registration of the bond in the name of the buyer.
The transfer documents are drafted and signed once all the conditions of the offer to purchase have been met, the conveyancer has received the requested FICA documents from all the parties and has received a copy of the title deed from the Seller or the bank (if there is a bond registered over the property).
Yes they can, however certain rules for signing will need to be followed. The procedure to be followed will depend on the country where the documents are being signed. E.g. The documents may need to be signed before a Notary Public and then Apostilled or they can be signed at the South Africa embassy.
A transfer takes approximately 8 - 12 weeks to register. The time frame depends largely on the time periods set in the Offer to Purchaser, the participation by the seller and purchaser and other factors.
Registration usually takes approximately 7-10 working days from date of lodgement. However, this time period differs depending on the Deeds Office where the transfer is lodged. With Covid regulations in place and Deeds Office decontaminations it can take up to 30 working days for registration to take place. 
After registration the transfer documents (including the title deed) are microfilmed by the Deeds Office and thereafter they are released to the transferring attorneys. If there is a bond registered over the property the transferring attorneys will hand the original title deed to the bond attorneys who will then deliver same to the bank. The bank will hold onto the original title deed until the bond is cancelled. If no bond is registered over the property the transferring attorneys will hand the original title deed to the new owner thereof for safe keeping.
The municipality’s system takes anything from 6 weeks and more to update from the deeds office and show a change in ownership. In this time, as a seller,  you won’t be able to close your account or, as a buyer, open a new account. After the 6 weeks both seller and buyer can attend the offices of the municipality to open and close their account. The municipality will request the seller to provide an instruction letter from the transferring attorneys to process the refund. There is no time frame in which the municipality operates to attend to the refund and this can take any amount of time.
The seller is liable to pay the following:
  1. bond cancellation attorneys’ costs
  2. rates clearance figures - advance rates, water, electricity payable to the municipality. The Conveyancer will obtain the required amount from the municipality during the conveyancing process.
  3. levy clearance figures - advance levies payable to the body corporate (the Conveyancer will obtain the required amount from the body corporate during the conveyancing process)
  4.  the costs to obtain the required compliance certificates (electrical, gas, electric fence, water)
  5.  Agents Commission
The transfer costs are levied on the purchase price or value of the property. The fee is based on the tariff suggested by the Legal Practice Council.
The transfer costs are usually payable after the purchaser has signed the transfer documents.
Transfer duty is the tax levied by SARS (South African Revenue Service) on the purchase price or value of any property acquired by any person or legal entity.
Clients often get confused that when they hear transfer duty, transfer fees and what they are liable for. Transfer duty is the amount paid to SARS on property that the buyer buys. Currently properties below R950 000 are exempt from transfer duty however transfer fees are always payable on any amount as this is the fee for the attorney to attend to the transfer.
Municipal clearance amount is the amount that the municipality charge when a property is transferred. The municipality usually charges anything from 3 – 6 months in advance. This is calculated by them and is provided to the transferring attorneys when same is applied for.
Whether or not you own 10%, 50% or 80% of a property, you still pay transfer costs when you acquire the percentage of the property you did not own. There is still an actual transfer that takes place. Transfer duty is payable on the value of the property minus the amount (percentage) you already own and this is calculated by SARS and based on the market valuation of the property.
SARS use these estate agent valuations to estimate the market price of the property and this amount is used to calculate the amount of transfer duty if applicable.
You can download a free comprehensive offer to purchase from this website. Louwrens Koen Attorneys will even assist you to complete the offer to purchase. 
The agreement will stipulate to whom the deposit is paid. The deposit is paid into the trust account of either the agent or the conveyancer. The agent or the conveyancer will then invest the deposit in an interest-bearing account for the benefit of the Purchaser.
A suspensive condition is a condition in an agreement of sale that suspends the rights and obligations of the agreement until the occurrence of a certain future event. E.g. until the purchaser obtains the required bond grant.
The agreement is null and void without any legal effect.  
Usually the purchaser pays the transfer costs to the conveyancer, including transfer duty. The purchaser is also liable to pay the bond registration costs. This can be altered contractually between the parties. 

The registration of property process


CONCLUDING A WRITTEN DEED OF SALE.
The
Act prescribes certain information to appear in a deed of sale:

  • parties to the agreement;
  • price as agreed upon and
  • property description.

Supplemental information includes:

  • method of payment of purchase price;
  • details of financial arrangements to be made;
  • date of occupation and occupational interest payable;
  • date of passing of risk concerning the property; liability for payment of transfer fees;
  • details of agents commission and liability for payment thereof and other terms as agreed upon by the parties on conclusion of the deed of sale.

NOTE: Ownership does not pass on the date of the agreement, but only later on date of registration. Prior to registration the purchaser merely has a personal right to claim transfer of the property. 

APPOINTMENT OF THE CONVEYANCER
According to the Common Law, it is the seller's prerogative to appoint a conveyancer of his choice to attend to the registration of the transfer of his immovable property. 

Keep in mind however that several attorneys may be involved as one such transaction usually entails the following simultaneous actions:

Transfer of property from seller to purchaser;

Cancellation of sellers existing bond and Registration of purchasers new bond.

Different conveyancers therefore attend to the various transactions in this process. They are referred to as the transferring attorney (who handles the transfer), the cancellation attorney (who represents the financial institution of the seller existing bond) and the bond attorney (who effects the registration of the new bond in the name of the purchaser). For each of these different transactions there are different fees and expenses payable, respectively linked to the purchase price and to the amount of the bond to be registered.The estate agent or seller provides the conveyancer with the deed of sale. The conveyancer then proceeds to gather the necessary information and documentation to proceed with the registration process.This includes:

  • full names, identity numbers and marital status of all parties;
  • the existing title deed of the property;
  • details of the cancellation figure regarding the bond (being the outstanding balance owed on the seller's bond, including capital and interest);
  • the outstanding rates and taxes/levies, which are payable monthly;
  • the means by which the purchaser intends to finance the transaction, through which financial institution and the amount of the loan and
  • information obtained from the Deeds Office regarding restrictions noted against the property or against any party that may influence the transaction.

DRAFTING AND SIGNING OF DOCUMENTS

After fulfilment of all suspensive conditions e.g. granting of a loan and the obtaining of all relevant information, documents are prepared for signature by all the parties. Transfer documentation

Power of Attorney by which the seller empowers a conveyancer to appear before the Registrar of Deeds on his behalf to register the deed of transfer; 

Insolvency and Marital Status Declarations by both parties to the transaction and Transfer Duty Declarations by both parties in terms of which details regarding the purchase price are declared to the Receiver of Revenue together with the payment of transfer duty.

Bond documentation

Where a part of the purchase price is being financed by means of a loan, the purchaser will sign documentation at a conveyancer acting on behalf of a financial institution, for the registration of the bond over the property as security for the loan. The required documentation is usually the following:

Power of Attorney to pass the bond whereby the purchaser empowers a conveyancer to register the bond in favor of the financial institution who granted the loan;
Insolvency and Marital Status Declarations and standard documentation of the financial institution. 

Each financial institution has its own set of required documentation to be signed before registration.

STATEMENT OF ACCOUNT

The statement of account regarding the transfer usually consists of the following:

  • Transfer duty: This is a form of tax payable to the Government, calculated at a specified rate on the value of the property.
  • If however, VAT has been included in the purchase price, no transfer duty is payable;
  • Rates and taxes/levies: Payable in advance to the Local Authority or in the case of a sectional title unit, payable to the Body Corporate;
  • Transfer fees: Prescribed by the Regulations and calculated
  • according to the value of the property;
  • Provisions for postages and disbursements;
  • VAT: On services rendered and
  • Deeds Office Registration fees: Payable per registration.

The statement of account regarding the bond registration usually consists of the following:

Fees of the financial institution: This can include inspection fees, initiation costs, administration costs and other costs;
Bond fees: Prescribed by the Regulations, payable to the conveyancer and calculated on the amount of the bond to be registered;
VAT: On services rendered;
Provisions for postages and disbursements and Deeds Office Registration fee: Payable per registration.

FINANCIAL ARRANGEMENTS

The conveyancer is responsible to attend to a variety of financial arrangements during the registration process for example:
Collection of all costs as payable per statement of account;
Payment of transfer duty to the Receiver of Revenue and the obtaining of a transfer duty receipt;
Payment of rates and taxes/levies and obtaining a clearance certificate from the Local Authority or a levy certificate from the Body Corporate. (It is prescribed by law that no account for rates and taxes/levies payable by the existing owner shall be in arrears on the date of transfer);Guarantees are requested from the purchasers financial institution for the available amount of the loan, for the payment of the outstanding amount of the purchase price. (A guarantee is an undertaking by a financial institution to pay the amount as set out therein on date of registration);Arranging for the cancellation of the existing bond of the seller through the issuing of guarantees for the amount outstanding on the bond and Arranging payment of the balance purchase price.

The full amount of the purchase price must be available, (except where the deed of sale states otherwise) either by means of a guarantee or a cash deposit before registration. In accordance with the deed of sale, you may request that all deposits made by yourself must be invested in an interest bearing account in your favour, for payment on date of registration.

THE DEEDS OFFICE

Conveyancers attending to the various aspects of the transaction liaise with each other on a continuous basis to arrange simultaneous lodgement and registration of all the documents at the Deeds Office. The Deeds Office is a Government Registration Office and keeps record of all real estate transactions and rights regarding such properties.

There are offices in Pretoria, Johannesburg, Bloemfontein, Cape Town, Kimberley, Pietermaritzburg, Nelspruit and Vryburg. Each set of lodged documents is examined by Deeds Office officials to ensure that it complies with all relevant acts and regulations. 

Afterwards it is made available to the various conveyancers for registration in the presence of the Registrar of Deeds. The linked set of documentation is registered simultaneously.

REGISTRATION
Registration renders the purchaser the registered owner of the property and his real rights are thus protected against third parties. All financial arrangements are usually finalized within 24 hours after registration. This entails the payment of guarantees by the purchasers financial institution, payment of the amount of the cancellation figure to the existing bondholder, payment of the balance purchase price to the seller and the setting of accounts with all parties.

HOW LONG DOES THIS PROCESS TAKE? 

It is difficult to predict the exact duration of a transaction, the reasons being: 

a. The deed of sale may be subject to suspensive conditions eg: - the sale and conclusion of registration of the purchaser's property within a certain time period and- the obtaining of a loan within a specified time period, before which the transaction does not proceed.
b. Government Offices and other institutions require certain time periods to deliver documentation or issue certificates necessary in the process e.g.:
- clearance certificates from the Local Authority or the Body Corporate (6-10 days);
- transfer duty receipts from the Receiver of Revenue;
- guarantees from the Financial Institutions (7-21 days);
- consents to cancellation from the existing bondholders (7- 14 days) and
- Deeds Office for registration (8-15 days). 

Unforeseeable problems: the fact that so many institutions are involved in the registration process adds to unexpected delays (for example postal delays or unusual conditions of title which may prevent timeous finalisation of the transaction).  All the above time periods may vary, but as a rule the usual duration of the registration process is 24 to 35 days after the confirmation of all financial arrangements.

Offer to Purchase / Deed of Sale Explained


What is a contract?

A contract is an agreement between two or more people in terms of which one party offers to do, deliver or not do something, and the other part accepts this offer. Usually, the party who accepts the offer must remunerate the other party or do something in exchange.

2. What are the requirements for a valid contract?

For a valid contract, the following must occur:
The parties must agree on all the essential terms thereof. One of the parties must make a firm offer to the other party and acceptance of the offer must, in turn, be communicated to the party who made the offer.
The parties to the contract must have the legal power to conclude such an agreement.
Minors, (persons under 18) or people who are mentally ill, for instance, may not enter into contracts.
Parties may not contract to do something illegal.

3. Must all contracts be in writing to be valid?

No. The most common of all misconceptions concerning contracts is that they must be in written form to be valid. If this were so, the majority of all contracts concluded daily would be invalid. Purchasing good, going to movies, using public transport and eating at a restaurant are examples of activities that include the conclusion of valid contracts as no specific legal formalities (such as reducing the contract to writing) are required. There are, however, exceptions and in certain specific instances, the law requires that the contract is in written form. If the parties do not comply with this requirement and one of the parties is unhappy with the outcome of the arrangement, then the arrangement cannot be enforced in some of the instances where writing is a requirement. Some important examples of contracts that must be in writing, with or without other formalities, are marriage contracts, donations, the sale of land (of which the hire-purchase agreement is an example).

4. What are the advantages of reducing a contract to writing,  if the law does not require this in the specific instance?

The terms or contents of a contract are easily proved if the contract is reduced properly to writing. Remember that an attorney draws up contracts as part of his daily work and is thus able to express more clearly in writing what the parties intend. A party relying on an oral contract will probably have difficulty in proving the contents in a court of law.

5. What are the pitfalls of signing a written contract that has been drawn up by the other party?

The contract could contain terms that were not part of the verbal negotiations and which are included solely for the benefit of the other party. Conversely, the contract might not contain terms or stipulations to your benefit which were agreed upon during the verbal negotiations. Remember: when in doubt, consult an attorney and go through written agreements very carefully. Never sign a contract without reading it merely because you are in a hurry or want to rid yourself of an irritating salesman.

6. What is a breach of contract?

This means that one of the parties has in fact broken the agreement in one or more of the following ways:
He has not done or delivered what he promised regarding the contract.
He has not paid for goods delivered by the other party.
He has refused to carry out the contract.
He has prevented the other party from doing or delivering what the other party must do or deliver according to the contract.
He has delivered or done what he promised to do in terms of the contract, but his performance is defective and is completely useless or only of partial use to the other party.
He has, in fact, prevented himself from being able to perform regarding the contract.Where a party to a contract has breached the agreement, the innocent party should consult an attorney who will institute an action if necessary.

7. What may the purchaser do if he buys something that has a hidden fault?

The law states that the seller is responsible or liable for and hidden or latent faults that exist in the article bought if they were present at the time of sale. Purchasers should beware of buying something that is sold "voetstoots" or "as-is" or "as it stands" because in selling this way the seller has excluded his
responsibility or liability for any hidden faults.

8. What is a warranty or guarantee and how does it affect the buyer?

This is usually a statement made about a product by the seller which he promises to make good. For example, the seller may warrant that a particular television set he is selling will not break down in four years. If it does, then the seller will not break down in four years. If it does, then the seller must make good his promise and repair the unit at no extra charge. Purchasers should beware of guarantees that absolve the seller from liability for hidden defects in the article bought in exchange for relatively little protection for the buyer. Remember that not all or any representations made by a seller are guarantees. Therefore, ask the seller exactly what he means by a certain statement that relates to the product.If you are selling or buying property in South-Africa you can count on Conveyancing24.co.za to offer you a competitive written quotation. Our free written quotation will be fully itemised with no hidden costs. In just a few clicks you can receive a written conveyancing quote. Get started – Click HereFor further information or to book a consultation please contact us on:

sECTIONAL TITLE EXPLAINED 


Frequently asked questions regarding Sectional Titles in South-Africa.

A Sectional Title Development Scheme (usually referred to as a Scheme) provides for separate ownership of sections of a property by individuals.
These schemes fall under the control of the Sectional Titles Act, No 95 of 1986, which came into force on 1 June 1988. It is the Act under which an individual can hold Title to a Section of a building. This Act replaced an earlier Act (No. 66 of 1971).

In buying into a scheme, a purchaser acquires a Section (or sections), and an undivided share of the Common Property. These are collectively known as a Unit. A section in a residential sectional scheme is usually a flat or townhouse, but may also be a garage, domestic staff room or external storeroom. In many schemes, the garage and external rooms are not sections, but are parts of the common property of which individual owners have Exclusive Use. A section extends to the mid-point of outer or dividing walls, the lower part of the ceiling and upper part of the floor. The outer walls, roof, space above the ceiling and foundations are not part of the owner's section.
The common property comprises those parts of the scheme that do not form part of any section. Driveways, gardens, swimming pools, corridors, lifts, entrance foyers, parking bays, outer walls, foundations and the roof are all part of the common property. As mentioned above, some parts of the common property may be designated as exclusive use areas.

Often this will be a garden, patio, or parking bay, but may also be a garage or storeroom, that the owner does not own but will have been granted exclusive use. There are several ways that exclusive use areas can be created and protected. Under the 1971 Act, these areas were usually created under the Schedule I rules of the scheme. When the current Act came into effect in 1988, a more sophisticated way of creating exclusive use was introduced, resulting in registered exclusive use areas, deemed to be real rights, capable of being bought, sold and bonded.

In the opinion of many property practitioners, this method was too sophisticated for general use, resulting in an amendment to the current Act that introduced exclusive use areas created under the current rules. Please note that exclusive " use areas created under rules do not enjoy the same status as registered exclusive use areas. However, for most purposes, the method is adequate and much cheaper to implement. Registered exclusive^ use areas will be shown on the sectional plan, while those created under the rules will be reflected in the rules of the scheme. Developers and bodies corporate can choose either method to create exclusive use areas.

It is very important for a purchaser to establish exactly what he or she is buying before committing to the purchase. If it is not shown on the plan or in the rules, it probably does not exist! The Sectional Title Buyer's Checklist, which is included in this booklet, covers all the major points.

The common property is owned jointly by all the owners of units within the scheme. Collectively, these owners are known as the Body Corporate. The common property is controlled by the body corporate. There are no exceptions to this rule.

The practical implication of this is that even though parts of the common property are exclusive use areas, these areas are still controlled by the body corporate and are therefore subject to the rules of the scheme. These rules might prohibit "braaing" in an exclusive use garden or balcony, restrict the type of fence or wall erected around a garden, or prevent the installation of a pool or spa bath without the consent of the trustees or the other members of body corporate.

The body corporate comes into existence as soon as the developer of the scheme transfers a unit to a new owner. From then on, every purchaser becomes a member of the body corporate when transfer of his or her unit is registered. All registered owners of units in a scheme are members of the body corporate. The body corporate controls and runs the scheme in accordance with the requirements of the Act and rules.

Day-to-day administration of the scheme is vested in Trustees who are appointed by the body corporate. Major decisions regarding the scheme are made by the body corporate, usually at the Annual General Meeting (AGM), or at a Special General Meeting. At these meetings, matters that affect the scheme are discussed. Budgets are approved, rules can be changed, and trustees are appointed, often accompanied by lively discussion.

Every member of the body corporate is entitled to vote at these meetings, providing that the member is not in arrears with his or her levy payments or in serious breach of the conduct rules. Members in default can only vote for Special or Unanimous Resolutions. Unless otherwise determined by the developer at the time that the register was opened, or subsequently by the body corporate by means of a special resolution, an individual member's voting power is governed by the member's percentage ownership of the entire scheme. This percentage is known as the Participation Quota (PQ).

In a purely residential scheme, a Participation Quota (PQ) is worked out mathematically and is an expression of the size of a section in relation to the sum of the size of all of the sections. In a scheme registered under the current Act, this figure is expressed as a percentage to four decimal places. Under the earlier Act, the figure was expressed as a decimal fraction. As an example, a section of 120 m2 in a scheme in which the sum of all the sections is 1000m2 has a PQ of 12,0000% in a scheme registered under the 1986 Act or 0,120 under the 1971 Act.
In a combined commercial and residential scheme the PQs for the commercial sections are nominated by the developer, while those for the residential sections are calculated according to the size of a section as mentioned above. Participation Quotas are shown on the sectional plan of the scheme.

The Sectional Titles Act allows the developer of a sectional scheme to nominate values, which differ to the PQs. This right passes to the body corporate upon establishment and requires a special resolution from the members and the written consent of any owner adversely affected by the change. It must be emphasized that these nominated values do not replace the PQs shown on the sectional plan, but where such values exist, obligations to pay and voting rights will be calculated in accordance with these values and not the PQs.

Trustees are appointed by the body corporate at an AGM. They are usually owners of units in a scheme who have been entrusted with the task of looking after the scheme on a day-to-day basis. Although neither the Act nor prescribed rules impose a maximum number of trustees, the minimum number of trustees for a scheme is two. Ideally, a trustee should possess skills or qualities that will be of benefit to the scheme. Accounting, bookkeeping or legal knowledge, organisational abilities, knowledge of electrical or mechanical matters and PC skills are much in demand, and can save the body corporate a lot of time, trouble and money.

It is permissible to appoint a trustee who does not own a unit in the scheme, although this is neither a common practice nor is it usually desirable. The majority of trustees must be owners, or the spouse of an owner of a unit in the scheme. An employee of the body corporate, such as a caretaker or supervisor, may not be a trustee. Trustees are volunteers who in most circumstances may not be paid for acting as a trustee. An exception to this rule is that a trustee who is not an owner may be remunerated at a rate decided by the body corporate. However, all trustees are entitled to reimbursement for all legitimate costs incurred by them in execution of their duties. At the first meeting of the trustees after being appointed, the trustees elect a Chairman who usually holds office until the next AGM.

The trustees take over the functions and duties assigned to the body corporate by the Act and rules, but are always subject to any directions or restrictions imposed by the body corporate at a general meeting. Trustees are required to meet regularly and to keep minutes of all their meetings. These minutes are open to inspection by any member of the body corporate. Any member of the body corporate is entitled to attend and speak at trustees' meetings, but may not vote at that meeting.

Trustees acting in good faith are indemnified by the body corporate. Trustees who are grossly negligent or act with mala fide (bad faith) do not enjoy such indemnity and can be held personally liable for their actions. The chairman of trustees has a casting vote at a trustee meeting but not at a general meeting of the body corporate.

At the inception of a scheme, Management and Conduct Rules are established. These rules form Annexures 8 and 9 to the 1986 Sectional Titles Act and may have been amended by the developer before the register was opened. As their names imply, the management rules control the running or management of the scheme, while the conduct rules lay down guidelines for the conduct of owners and occupiers, their guests or tenants.

In schemes that were established under the 1971 Act, the rules were made in accordance with the provisions of that Act and were called Schedule I & II Rules. In schemes in which the body corporate did not amend the standard rules of the 1971 Act, the management and conduct rules of the new Act automatically replaced those rules. In schemes in which amendments to the Schedule I & II rules were registered with the Registrar of Deeds for the area in which the scheme is situated, they may still be in force.

Yes. The body corporate can change or amend the rules, providing that these changes are not against the intentions or spirit of the Sectional Titles Act.
The procedures that must be followed before rules can be changed is clearly defined in the Act and rules. Proposed changes must be put to members of the body corporate at a general meeting, at which members will be able to discuss the proposed changes before being asked to vote for or against them.

Amendments to management rules require a Unanimous Resolution, while conduct rules may be changed by a Special Resolution. These amendments will not become effective until filed at the Deeds Office.

The body corporate has to vote on a wide range of choices that can affect the running of the scheme. These range from simple decisions such as voting for trustees, approving budgets and other routine matters, to changing rules and making decisions that affect the common property. There are three types of resolution.

Simple decisions require agreement from a majority of owners. Special decisions require a higher percentage and important decisions require unanimous consent. In a later section of this booklet, resolutions will be discussed in detail.
There are two ways in which members of a body corporate can exercise a vote at meeting of owners. The first of these is by a show of hands in which case an owner will have one vote, irrespective of the number of units that he or she may own. This form of voting is used for ordinary resolutions. The second way of voting is by a poll based on Participation Quotas (PQs).

Any owner who is entitled to vote may demand a vote by poll, even after the result of a vote by a show of hands has been declared. Voting for a special resolution must be by number and by poll based on PQs. If an owner's proprietary rights are adversely affected, the resolution will not become effective until the affected owner has agreed in writing to the resolution.
 
When a vote is taken at a general meeting of a body corporate and the voting is deadlocked, the chairman of trustees does not have a casting vote. Please note that when voting for an unanimous resolution at a general meeting of a body corporate, an abstention is deemed to be a vote in favor of the resolution. This does not apply to a door-to-door poll of owners.
 

HOW DO THE COSTS OF RUNNING THE SCHEME GET PAID?
The costs incurred in running a scheme have to be paid by the body corporate. These costs include:
  • Rates, taxes and other charges
  • Insurance premiums
  • Repairs and maintenance of the common property
  • Wages and salaries of cleaners and other staff
  • Water and electricity used on the common property
  • Provision of security or other services
 These costs are paid by individual owners in the form of a monthly levy, calculated in accordance with the Participation Quota or nominated value for their unit. The Act requires an owner who has the benefit of an exclusive use area to make an extra contribution to cover rates and taxes, insurance and maintenance of the exclusive use area. This applies to all registered exclusive use areas and to exclusive use areas created under the rules of the 1971 Act, but may not apply to those created under the rules of the current Act.

In addition to the above, the body corporate is obliged to establish a fund for future maintenance and unexpected expenses. The size of this fund is not specified in the Act, but a wise body corporate will make sure that the fund is adequate for the size of the scheme and the present condition of the property. If the fund becomes excessively large, the Act does not allow any part of the excess to be refunded. However, the excess could be used to subsidize future levies or to improve the common property.
At the inception of a scheme and again before every AGM, the trustees have to prepare a budget for the following year. Before the AGM, the proposed budget must be sent to all members of the body corporate for their consideration and for subsequent discussion at the meeting. The body corporate can either accept the budget or ask for changes to be made. Once the budget has been accepted, the total annual cost is divided into monthly amounts and each owner is then "levied" a monthly amount, as mentioned above.
Yes. In an emergency, the trustees can impose a Special Levy to cover unforeseen expenses, such as essential repairs and maintenance. In addition, the body corporate can approve a special levy to cover the cost of improvements to the common property. Special levies must be calculated according to participation quotas. The procedures that have to be followed before improvements can be approved are prescribed in the rules.
Managing and administering a scheme, particularly a large scheme, is complicated and time consuming. Occasionally, the body corporate and trustees undertake the entire task, but unless the body corporate is unusually well endowed with specialised knowledge and talents, this is very seldom successful. Most Bodies Corporate appoint a Managing Agent, usually a company or close corporation that specialises in this aspect of Sectional Title administration. Estate agency legislation requires a managing agent who handles body corporate money to register with The Estate Agency Affairs Board and hold a Fidelity Fund Certificate issued by the Board.

The managing agent sends out monthly statements, collects levies and all other money due by owners to the body corporate. On behalf of the body corporate, the managing agent keeps the books, recovers unpaid debts, prepares the annual budget, obtains quotations for repairs and maintenance and sends out notices. The agent also assists the trustees with the numerous time-consuming tasks that arise in administering a scheme.

To protect and guide the Body Corporate, the managing agent must have a sound and comprehensive knowledge of the Sectional Titles Act and Rules. A good managing agent can save the body corporate a lot of time, trouble and expense.

Yes, but only with consent. An owner who wants to extend the limits of his or her section must first obtain the consent of the body corporate by a special resolution of the members. The owner applying for permission will be responsible for the costs of amending the sectional plan of the scheme, recalculating all the participation quotas and arranging to have the amended plan registered. When granting permission, the body corporate must take into consideration the effect that the extension will have on the harmonious appearance of the scheme and may well impose restrictions in that regard. If the proposed extension will affect the PQ of any section by more than 5%, the applicant will have to obtain the consent of all the bondholders. Section 24 deals with extensions of sections.
Generally, it is not necessary to obtain permission to make alterations inside a section. However, if these alterations involve structural changes or affect the electrical or water supply or the drainage system, it is essential to obtain expert advice. If the changes involve major structural changes, such as the removal of a wall, extra care must be exercised as the stability of the building might be jeopardised. Please refer to section 28 of the Act and management rule 68(1)(iii).

As a matter of courtesy, you should advise your neighbours if the alterations are going to cause them any inconvenience or excessive noise. Builders can cause a lot of noise and dust! Many owners renovate their kitchens and bathrooms, add extra cupboards, re-tile or re-carpet floors without causing any problems. Please remember that all changes that affect the common property require consent.

As the outer walls form part of the common property, body corporate consent is required. It is common practice to fit awnings to north and west windows and it would be very unreasonable to refuse permission. However, the harmonious appearance rule (rule 68(1 )(iv)) will apply.
 
MAY I FIT A DIFFERENT TYPE OF FRONT DOOR?
As the front door is visible from common property, in the interests of harmony it must conform to an approved design.

MAY I CHANGE THE STYLE OF MY WINDOWS?

Windows are generally considered to be part of the common property and are always visible from the common property. Therefore, body corporate consent is required, and would probably not be granted.

MAY I ENCLOSE MY BALCONY?
The question regarding enclosing balconies is a very complicated one. A balcony may be:
  • Part of a section.
  • Part of the common property over which the owner has registered exclusive use.
  • Part of the common property over which the owner has rule created |exclusive use.
  • Part of the common property over which exclusive use does not exist.

Offices of the Registrar of Deeds in South Africa


Contact details of Deeds Registries across South-Africa

Bloemfontein Registrar of Deeds
Mr David Mngcolwani (Registrar)c/o Nelson Mandela & Aliwal Str, Bloemfontein, 9300(051) 403-0342(086) 698-4947David.Mngcolwana(@)drdlr.gov.za

Johannesburg Registrar of Deeds
Ms Makaziwe Ntuli (Registrar)Marble Tower Building, c/o Jeppe & Von Weiligh Str, Johannesburg, 2000(011) 843-8300(011) 843-8407Makaziwe.Ntuli(@)drdlr.gov.zaking williams townMr Nkululeko Mantanga (Registrar)113 Alexandra Road, Private Bag X7402, King Williams Town, 5600(043) 642-2741(043) 642-4539Nkululeko.Mantanga(@)drdlr.gov.za 

Mpumalanga Registrar of Deeds
25 Bell Street, Old BMW Building,
Private Bag X11239, Mbombela, 1200
(013) 756-4000
(013) 756-4092

Pretoria Registrar of Deeds
Adv. Audrey Gwangwa (Registrar)Merino Building, 140 Pretorius Street cnr Bossman Street, Tshwane, 0001(012) 338-7035(012) 338-7151Audrey.Gwangwa(@)drdlr.gov.za

Cape Town Registrar of Deeds
Mr Kasavel Pillay (Registrar)90 Plein Str, Private Bag X9073, Cape Town, 7975(021) 464-7601(021) 464-7725Kasavel.Pillay(@)drdlr.gov.za

Kimberly Registrar of Deeds
New Public Building: Floors 9-10, c/o Knight & Stead Str, Kimberley, 8301
(053) 832-7228
(053) 832-5888

Llimpopo Registrar of Deeds
Dorp Street, Polokwane, 0700
(015) 283-2300

Pietermaritzburg Registrar of Deeds
300 Pietermaritz Street, Private Bag X9028, Pietermaritzburg, 3200
(033) 355-6810
(033) 345-5101

Umtata Registrar of Deeds
c/o Owen & Leeds Street, Botha Sigcau Building, Mthatha, 

(047) 531-2150
(047) 531-2873

Vryburg Registrar of Deeds
De Kock Street, Vryburg

(053) 927-1076
(053) 927-4002

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About our conveyancing service 


Property Law and Conveyancing Services Louwrens Koen Attorneys

About our conveyancing service 
Louwrens Koen Attorneys, Conveyancers and Notaries are a boutique law firm, which believes that all clients must enjoy quality and cost effective legal services. We have a modern outlook and have offer technological legal solutions without compromising on traditional values.

Our Conveyancing Services include:
  • Approachable friendly conveyancer who will assist you through the whole purchase and transfer process
  • Free offer to purchase/deed of sale download service
  • Assistance with the completion of offer to purchasers
  • Written conveyancing quotations
  • Negotiating property transfer fee's
  • Free first consultation to discuss your property transfer needs
  • Registering the transfer of residential, sectional title, commercial, industrial, agricultural and recreational real estate
  • Negotiating and drafting real estate agreements
  • Assistance with purchasing and developing residential and commercial real estate
  • Preparing and submitting the registration of mortgage loans, surety and collateral bonds for institutional and private clients
  • Preparing and registering all notarial bonds for institutional and private clients
  • Preparing and registering notarial deeds (including servitudes, deeds in respect of sectional title schemes, lease agreements, notarial tie agreements)
  • Undertaking real estate due diligence investigations
  • Advising on the financial structuring of real estate transactions
  • Advising on real estate taxes (transfer duty, value added tax and capital gains tax)
  • Assisting non-resident purchasers and sellers of property in the countries in which we operate
  • Advising on and drafting of commercial and residential leases
  • Assisting with real estate sub-divisions and consolidations
  • Advising on the establishment and registration of townships
  • Advising on deceased and insolvent estate property transactions
  • Assisting with the planning, developing and registering of sectional title schemes, retirement villages, recreational estates and golf course estates
  • Assisting with commercial real estate structuring
Louwrens Koen was admitted as an Attorney in 1995 after completing his Blc LLb degrees from the University of Pretoria. He is also an admitted Conveyancer, Notary Public and University Guest Lecturer in Conveyancing and Notarial Practice. He is also the author of hundreds of legal articles on the worldwide web.

Also visit the following websites to find out more about our innovative approach and services:

• www.antenuptialcontracts.co.za - Antenuptial Contracts explained and registered. Easy online registration process.
• www.conveyancing24.co.za - Property Law, Conveyancing, Sectional Title and Transfer costs explained.
• www.liquidation24.co.za - Liquidation of Companies and Close Corporations comprehensively explained. Free initial consultation.
• www.notary24.co.za – Comprehensive Notary Public, Apostille, Authentication and document legalisation services.
• www.trusts24.co.za -Trust Law explained. Easy online registration process.

Contact Louwrens Koen Attorneys 


  • Louwrens Koen Attorneys 416 Kirkness Street, Arcadia, Pretoria, South Africa

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Conveyancing Correspondent Services Pretoria 


Louwrens Koen Attorneys - Your Pretoria Conveyancing Correspondent.

Conveyancing Correspondent Services Pretoria 
Louwrens Koen Attorneys offer a comprehensive conveyancing correspondent services in Pretoria. With over 25 years’ experience in correspondent conveyancing, we deliver a hassle free service to our correspondents. We offer not only the lodgement and registration of deeds in the deeds office but also ancillary services as set out in more detail hereunder. Reasonable rate structure 15%.

WE GO TO:
• The deeds office on your behalf to obtain rulings from the Registrar of Deeds
• The Surveyor General’s office for queries or to obtain copies of diagrams
• The Master’s Office to attend to your estate queries
• The Master for the submission and collection of your endorsed power of attorney

OUR SERVICES INCLUDE:
• Assistance with property agreements
• Prepping of your deeds before lodgement in the deeds office
• Rectification of any errors within reason
• We ensure that your deeds comply with the rules of the Pretoria Deeds Office
• Arrangement of lodgement with linked conveyancing firms
• Removal of notes where possible, once the deeds come up for preparation
• Delivery of registered deeds via courier
• Conducting of searches at the deeds office and surveyor general
• Arrangement for the signature of transfer with your Pretoria clients
• Regular feedback on the status of your deeds in the deeds office via GhostConvey
Reasonable rate structure. Good service. We also attend to the registration of notarial bonds (where a bond is registered over movable property), bring applications for lost title deeds, conduct searches in the deeds office on registered property, draw up and register private mortgage bonds, attend to the endorsements on title deeds following a divorce or the death of a spouse married in community of property and many more.

Call Elbe at Tel 0870010733 or E-mail convey@louwrenskoen.co.za to discuss you matter.

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