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Practitioner's Guide 2013 Update

29 November 2012

The Practitioner's Guide to Conveyancing and Notarial Practice (2013 Update)

Pretoria: Association of Law Societies (2011) 
Author: West, AS
Price: R900 (VAT incl); CD R1 750 (VAT incl)

In introducing this recent update Allen West writes "that in terms of section 2(1)(a) of the Deeds Registries Act 47 of 1937, it is the duty of the Chief Registrar of Deeds to exercise supervision over all the deeds registries and to bring about uniformity in their practice and procedures. Uniformity is brought about by the issuing of circulars as well as the yearly conference of Registrars, where contentious issues are discussed and deliberated and a uniform practice resolved upon (see section 2(1D)).

With this as background, I commenced in 1993 with the writing of articles in the De Rebus on conveyancing issues which culminated into my first book called “Articles on Conveyancing for the Attorney”, and eventually evolved into the “Practitioners Guide to Conveyancing and Notarial Practice”, the latter having been updated on on numerous occasions occasions. In 2008 market research showed that an electronic version of the book was required and for that reason, it was deemed necessary to issue the second edition in hard copy and in an electronic format. It was also found that the loose-leaf format of the book is not conducive for daily use and thus the newly bound book together with the electronic reading version.

As with the first book and its successor, I have tried to remain true to my initial intention which is to create uniformity in practice, as difficult as it might be. I have, where possible, substantiated the statements made or the examples provided with reference to authority, in the form of case law, conference resolutions, circulars, etc.

This book remains a practical guide for the practitioner and student and is not intended or claimed to be a legal treatise, and cannot cater for all facets of conveyancing. I have, however, endeavoured, as far as possible, to concentrate on the most important issues, for the day-to-day occurrences."  

Other aspects worth noting are the following:

  • New Conference Resolutions are included, as are
  • New Amendments to Acts and regulations; a 
  • New word index;
  • New additional chapters;
  • New Case law;  and it is in a
  • New format -- no longer loose leaf.

The Practitioners Guide to Conveyancing and Notarial Practice order form and details

Reader Comments: 1
Jane 21/02/2014:

I noticed the list below on the Juta's Property Law website. Could you please consider writing or co-authoring or adding the books for Golf estates, walled communities, game reserves, gated estates, sea side walled resorts which  fall under HOA NPC. Homeowners Associations (HOA NPC) complexes in South Africa - property law, company law, competition law, fraud legislation, environmental law and municipal regulations: fire, water, sewage.  Managing Agents in Homeowners Associations  (HOA NPC), fiduciary duties and responsibilities - EAAB registration, fidelity fund, debt collector registration. It appears that no guidelines or legislation explicitly exist for the control og managing agents HOA NPC. This book could also serve as a textbook for managing agents. Property law principles: Homeowners Associations which consist of a number of smaller HOA's and sectional title complexes. The constitutionality of rules in a Homeowners Association ( HOA NPC) - practical advice for Managing agents and directors of HOA NPC. The reasons are as follows: There is only one book in SA on HOA, by Paddocks, and it does not include current legislation. Most upmarket developments in SA are now HOA NPC as South Africans feel safe behind walls. South Africans also  do not want the trouble  of employing gardeners and swimming pool cleaners themselves, they prefer the HOA to do so. These HOA owners are well educated and like to informed. These HOA NPC owners buy books.  Please let me know what you think.

Volumes in Juta’s Property Law Library: Already published: 1 The Law of Neighbours (2010) AJ van der Walt 2 Sectional Titles and other Fragmented Property Schemes (2010) GJ Pienaar 3 Constitutional Property Law (2011) AJ van der Walt 4 Planning Law (2012) J van Wyk Forthcoming: 5 Land Reform (2013) JM Pienaar 6 Property in Minerals and Mining (2013) E van der Schyff 7 The Law of Servitudes (2014) AJ van der Walt 8 The Law of Landlord and Tenant (2015) S Maass 9 Real Security (2015) R Brits 10 Property Remedies (2015) Z Boggenpoel 11 Expropriation (2016) H Mostert 12 Acquisition and Transfer of Property (2016) AJ van der Walt & GJ Pienaar 13 Intellectual Property (2016) M du Bois & R Shay 14 Property in Customary Law (2017) JM Pienaar [to be confirmed] 15 Property in Water (2017) M Kidd 16 Restrictive Covenants and Restrictive Conditions (2017) J van Wyk 17 Property in Housing (2018) S Maass [to be confirmed] 18 The Law of Possession (2018) AJ van der Walt 19 Property Aspects of Environmental Law (2018) W Freedman & L Kotzé 20 Introduction to Property Law (2020) AJ van der Walt & GJ Pienaar

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