It currently takes around 7 to 8 working days for registration in the Deeds Office. Below is a guideline of the typical process a deed will follow after lodgement at the Deeds Office. South Africa has one of the best deeds regisration systems in the work allowing for the maximum protection of the property owner.
Toggle navigation. Day 1: Lodgement Lodgement of the deeds. Deeds are checked by the lodgement clerks. Lodgement clerks are responsible for for data capture as well as linking of the deeds. Day 2: Sorting of Deeds Junior Level Deeds are sorted and distributed to various examiners for first examination. There are about 2, conveyancing firms in Johannesburg to choose from; check with Law Society of South Africa.
It would be advisable to obtain quotations from at least two conveyancers. Please note that whilst you may choose the conveyancer, there will be other attorneys also involved such as a Bond Cancellation Attorney and the Bond Registration attorney if there is an existing bond. The seller typically chooses the conveyancer but either can.
It is by law that one has to use a Conveyancer to transfer property, according to the Deeds Registries Act 47 of Except in so far as may be otherwise provided in any other law, no deed of transfer, mortgage bond or certificate of title or any certificate of registration of whatever nature, mentioned in this Act, shall be attested, executed or registered by a registrar unless it has been prepared by a conveyancer. Once you have appointed the Conveyancer, they will conduct a Deeds Search.
People often want to see the property boundaries identified and they can get a copy of the plans from the Chief Surveyor General. The Title Deed will let you know who the registered owner of the property is. You would not want to make a purchase from someone who is not the rightful owner! The Title Deed will indicate the Bond endorsements on the property. It will also give you the Title Deed restrictions, the name of the current and former owner; and the previous purchase amount.
You will also get to know what existing bond restrictions there are on the property. Please note that the above requests at the Information Centre has a service of level of not greater than two hours for a search, seven working days for a Court Report, registration information within two working days.
The Conveyancer would also obtain the necessary guarantees with regard to the Bond. The Conveyancer will obtain the bond cancellation figures and will also follow up on the bond approval conditions of the Purchaser. The Conveyancer or attorney will then prepare the transfer documentation once the suspensive conditions have been fulfilled and send the draft Deed and guarantee requirements to the Bond Registration Attorneys.
It will now be time for signing the actual transfer documents between the Purchaser and Seller. The Purchaser will also sign off on the Bond Documents if applicable. The Seller has to pay for Rates and Taxes for four 4 months in advance and also pay for the Levies. This is part of fulfilling the "offer to purchase". Once the payment of the purchase price is secured, the conveyancer will arrange with the bond registration attorneys and bond cancellation attorneys for simultaneous lodgement of the deeds to the Deeds Office.
The deeds and documents are placed in the lodgement cover and a unique bar code is placed on the cover for tracking purposes. Deeds and documents will be made available from within seventeen 17 days from date of lodgement; provided that all the documents that have been submitted are in order. Transfer documents drafted.
Transferring Attorney advises Bond attorney of guarantee requirements and provides draft deed of transfer. Bond documents drafted. The Purchaser pays the transfer costs and the Transferring Attorney then pays the rates, taxes, and transfer duty. Bond Attorney prepares and issues the necessary guarantees. Transferring attorney obtains clearance certificate from local municipality and Home Owners Association if applicable Obtain Electrical certificate of compliance from Seller.
The Deeds Office takes approximately weeks to process the documents before they are ready for registration.
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