Deeds Office Procedure

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 through the Deeds Office.
  • The data clerk does a deeds search on the seller, purchaser and property being transferred/bonded and places those in the lodgement covers for the examiners to check.

 
Sorting of Deeds (Junior Level) – Level 1

  • The batch is assigned to a level 1 examiner.
  • Deeds are examined by the first examiner, who may raise notes or queries about the documents.
  • First examinations are usually done by junior examiners.

 
Sorting of Deeds (Senior Level) – Level 2

  • Documents are received back from first examiner (Junior) and re-issued to second examiner (Senior).
  • The senior examiner controls the work of the junior examiners.
  • They re-examine the deeds.
  • Any notes raised by the first examiner are checked to see whether they are valid or the second examiner will check to see whether he has notes of his own.
  • The deeds are either rejected or passed.
  • Deeds are rejected if there are defects in any of the deeds, this includes the transfer, bond or bond cancellation documents, the whole batch has to be perfect, an error in any of the documents will result in the rejection of the whole batch.

 
Final Checking- Level 3

  • Assistant Registrar monitors rejected deeds and decide whether to pass or reject the deeds.
  • If he is of the opinion that a note on a deed does not warrant a rejection or that the examiner is in error in a particular respect, he would remove the note and pass the deed, upon which such deeds go to prep as well.
  • The same applies if an examiner erroneously passed a deed. The assistant registrar would reject it and dispatch for delivery back to the conveyancers.
  • When a Deed is rejected, it gets returned to the attorney and has to follow the entire process again.
  • Deeds that have been passed are sent to the preparation room (Prep).

 
Preparation

  • Deeds sent to prep are ready to be executed (registered).
  • Deeds may still have notes, but these will be minor queries which do not warrant the rejection of the entire batch.
  • Deeds are “on prep” for five days. This allows any minor notes to be dealt with and for any final outstanding matters to be confirmed at the Banks, conveyancers office ect.
  • When all the conveyancers linked to the batch are ready, the deeds are “put forward for registration”.

 
Execution

  • Deeds ready for registration are received at execution the day after they are “handed in” from the prep stage.
  • Deeds are executed (registered) in front of the Registrar of Deeds who will also sign the deeds and affix his stamp of office thereto.
  • Once executed the property is formally registered in name of the purchaser and the bank is notified by the bond attorneys of such registration.
  • The bank will then payout the guarantees to the transferring attorneys who will in return pay-out the relevant parties.
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