The signature of any legal document, which is to be signed outside of South Africa, must be authenticated. This means that in terms of Rule 63 of the High Court, any contract, power of attorney, affidavit or other document, must have its signature verified by a recognised Governmental authority. The authenticating official certifies that he […]
Authentication of documents by way of “High Court Rule 63” Read More »
Closing of Sellers Eskom Account Where electricity is supplied directly by Eskom, sellers need to finalise and close their account. On the day on which the seller vacates the property, he must phone Eskom (0860037566) or visit the nearest Eskom branch and request a “Move out request” with the final reading, schedule a date and
Opening and Closing Eskom Accounts Read More »
Lodgement Documents are lodged by attorneys in the Deeds Office. Lodgement clerks are responsible for linking the transfer, bond and bond cancellation. After the batch is linked and handed in for lodgement, the data clerk at the Deeds Office scans the deeds into the DOTS (Deeds Office Tracking System) so that they can be tracked
Deeds Office Procedure Read More »
Q: To whom do I pay the deposit? A: 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
Frequently asked Questions and Answers When Buying or Selling a Property Read More »
A recent High Court decision has left everyone believing they cannot, but the judgement is being misinterpreted. The Deeds Registries Act provides that a rates clearance certificate issued by the local authority and valid as at the date of registration of the transfer must be lodged with the other documents for the registration of a
Step 1 The transferring attorney receives the instruction from the client/estate agent to attend to the transfer. The transferring attorney will conduct a Deeds Office search on the property to verify that all the property and related information is correct. The conveyancer will request the original Title Deed from the seller or in the case
Property Transfers- Guidelines Read More »
This surprising revelation came to mind, when we assisted two young South Africans who are now living permanently in England. They naturally wanted their own antenuptial contract, as they know it, to be registered in England; only to find out that there is no such thing as an Antenuptial contract in England and even more
Did you know that there are no Antenuptial contracts in England? Read More »
A client who was married in community of property, wanted to know why the proceeds of their sale, were not paid to him exclusively, in his capacity as the husband, on behalf of marriage in community of property? He obviously had done some research and had noted that if the property had previously been registered
Freehold land ownership has the following characteristics: The owner of the “property” owns the ground, the underground and the space above it. All improvements (buildings) permanently acceding to the ground belong to the owner of the property. The property means the ground plus any improvements thereon. One cannot own improvements on the property belonging to another.
Sectional Title vs. Freehold: What Is the Difference? Read More »
Mr and Mrs Jones own a property in Bryanston, Johannesburg. Many of the old properties in Bryanston are approximately 4 200 square meters, and this is one such property. The Jones’s children have grown up and left home to start their own lives. Mr Jones is considering retiring in approximately 6 years’ time and Mrs
To Subdivide or to Open a Sectional Title Register – This Is The Question? Read More »
