FILTERS:

General

2017
General

2017 Conveyancing Seminar

Allen West's overview of the recent Registrars' Conference Resolutions and what you need to know to lodge deeds and documents in 2017 - a MUST for conveyancers.

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2017 Conveyancing webinar

Conveyancing and New Developments Update - Allen West will be holding an online webinar on the 20th of February for those who missed the January seminars.

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New procedure

Wiseman Bhuqa outlines the new procedure for opening a township register in terms of the City of Tshwane Metropolitan Municipality Land Use Management Bylaw.

2016
General

2016 Conveyancing Seminar

Allen West's overview of the recent Registrars' Conference Resolutions and what you need to know to lodge deeds and documents in 2016 - a MUST for conveyancers.

General

317 Currie Road

Megan Gedye explains the simple and well established legal principles applied by municipalities in town planning following the building at 317 Currie Road.

General

Transfer of shares in farms

Dudley Lee questions the validity of rejecting documents because undivided shares in a farm have not been merged and are not described in aggregate for transfer.

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Subsidy for new home owners

The DOH in the Western Cape has un-allocated funds for home owners and buyers with approved loans and wants as many Flisp applications as possible by April.

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Note removals

Schalk van der Merwe takes issue with conveyancers paying examiners to remove notes and calls on conveyancing firms to pledge to act against such behaviour. 

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Identify the property

Diane Snyman suggests how property forming part of a divorce settlement should be described, thereby avoiding a note being raised asking for it to be identified.

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Debts clarity

Johannesburg Municipality - a notice clarifying the Municipality's policy of collecting outstanding debts before the transfer of an immovable property takes place.

General

Increased jurisdiction

Allen West discusses interpretation guidelines for the implementation of increased jurisdiction amounts by Master’s Offices, in terms of Chief Master’s Directive No 3 of 2014.

General

Disconnections

Chantelle Gladwin and Rogan Heale examine the legal issue of when a disconnection of water or electricity by a municipality will be lawful.

General

goAML

Accountable and reporting attorneys are requested to update their registration related information to access FIC's new registration and reporting platform - goAML.

General

BCA Conveyancing course

The Black Conveyancers Association with its partners Juta and Korbitec, will be starting a foundation level conveyancing course for  conveyancing secretaries and paralegals. 

General

Conveyancing Exam - May 2016

The Conveyancing Examination will be held on 11 May 2016 while the registration deadline for the LEAD Preparation Workshop is 22 April.

General

A right to free basic electricity?

Chantelle Gladwin and Musa Mathebula examine legislation, government plans and policies to answer the question of whether we have a right to free basic electricity.

General

Perfecting the S118(3) hypothec

Chantelle Gladwin and Rogan Heale analyse the S118(3) hypothec in the context of the general principles of perfection, and notification as applied to hypothecs.

General

The last gasp

Chantelle Gladwin and Tenielle Combrinck argue that changes to the Municipal Property Rates Act  dealing with credits due to consumers after 1 July 2015 are nonsensical.

General

Purchasing property at auction

Sascha Beck discusses how auctions work and the different aspects of sales in execution, insolvency and property in possession of which buyers should be aware.

General

Consolidation of accounts

Chantelle Gladwin and Gary Boruchowitz write that clarity is needed about the power of municipalities to consolidate accounts for the same person for a single property. 

General

Unequal before the law

Differences in the ability of Johannesburg's consumers to get a retrospective reduction in their municipal property valuation on Supplementary Rolls are prejudicial.

General

Metering disputes

Chantelle Gladwin and Lindelani Msomi examine the law regarding the onus or burden of proof on the parties when approaching a court for relief in a metering dispute.

General

Arun

An analysis of Arun Property which considers the nature of the expropriation classification and the resultant ramifications for a valid deprivation of property.

General

Critical appraisal of CRC 7 of 1994

Thabo Nqhome submits that without legislative amendments to the Interim and 1996 Constitutions, paragraphs 4 and 6 of CRC 7/1994 ought to be withdrawn.

General

Rural burial sites and graves

Allen West discusses burial and visitation rights which are real rights capable of being, and should be, registered as personal servitudes against the title deeds of farms. 

General

RCR 9/2015 and CRC 1/2016

Thabo Nqhome suggests that both the RCR and the CRC be amended or withdrawn as they purport to convert an option to register property to an obligation.

General

Paragraph 3.3.6 of CRC 16/1998

Thabo Nqhome submits that the source of the principle behind Paragraph 3.3.6. of CRC16/1998 is not valid, and that it falls outside the Chief Registrar of Deed's powers.  

General

Registrar of Deeds Autonomy

Allen West discusses the autonomy of the Registrar of Deeds with regard to CRCs, Registrar's Conference Resolutions and Chief Registrar's legal opinions.

General

Transfer and registration

Thabo Nqhome argues that the last sentence of paragraph 3.3.2 of CRC 16/1998 does not appreciate the subtle difference between a transfer and a registration of a transfer.

General

Special offer

LSSA (LEAD) is offering a 20% discount for the Practitioner's Guide to Conveyancing and Notarial Practice to Conveyancing Seminar attendees and Webinar participants.

General

The relativity of property rights

Johan van der Merwe discusses how current property rights differ from pre-constitutional rights, their underlying values, and how the CC is giving effect to these changes.

General

Arun - II

Jeannie Van Wyk discusses the case, its background, the subdivision process, and its implications following the subsequent implementation of SPLUMA and LUPA.

General

Johannesburg SPLUMA

The City of Johannesburg: Municipal Planning By-Law, 2016, which gives effect to the provisions of the SPLUMA came into operation on 1 September 2016.

General

The CPA and commercial property

Megan Harrington-Johnson and Amber Freeman discuss the relevant provisions of the Consumer Protection Act for commercial property owners who need to comply.

General

CRTs and lessees

Tetyana Lobachova discusses the question of  a Certificate of Registered Title being issued as a mortgage to a lessee over its interest in a portion of a registered lease.

General

Cancelling a residential lease

Chantelle Gladwin and Renand Pretorius explore the laws governing the cancellation of residential leases and explain proper termination procedures after a breach.

General

SPLUMA and LUM

Allen West details the effect of SPLUMA and the City of Tshwane Land Use Management By-Law, 2016 (the “LUM By-law”) on the registration of property in Tshwane.

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Illegal buildings

Chantelle Gladwin and Tenielle Combrinck examine the legal rights of property owners and occupiers when dealing with illegal buildings.

General

Lost views and rising damp

Jack Crook emphasizes lessons from a bitter dispute between neighbours over the loss of a view of Table Mountain from a development specifically built for its views. 

General

A question

Donald Moore has a question to ask of conveyancers about their responsibility to adjust rates and service charges between purchaser and seller.

General

Town planning

Maike Gohl and Jonathan Salant discuss Pieterse v Lephalale Municipality regarding appeals to a provincial authority for town planning decisions taken by municipalities.

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Taming Medusa

Chantelle Gladwin and Gary Boruchowitz highlight the most important legal principles to come out cases dealing with the impact of section 118(3) on arrear rates.

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Three strikes

Chantelle Gladwin and Renand Pretorius consider whether the “Three Strikes Rule” that is often used by landlords as an instant cancellation mechanism is still valid.

General

The year that was - 2016

As the year-end approaches we take a look at a few of the conveyancing stories, issues and articles which caught the eye of readers in 2016.

2015
General

Notarial tie agreements

An updated 2011 article by Allen West adding aspects of notarial tie-agreements such as: adding or removing properties, undisclosed principle and clearance certificates. 

General

Registrars Conference Resolutions - II

Dudley Lee clarifies a comment he made in Registrar's Conference Resolutions 2014 about the current process of drafting and passing Registrars Conference Resolutions.

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Revisiting notarial ties

Nkuba Ngoasheng revisits the legal effect of notarial ties, predicaments with their classification and how to deal with a property subject to a notarial tie when it is sold.

General

Interdicts and forced transfers

The greatest care must be taken by all officials who receive, record, examine or withdraw interdicts to ensure that no transactions are registered in contravention thereof. 

General

s118 Applications

Cape Town: guidelines clearing uncertainty about inter alia payment schedules, incorrect payment procedures, and incomplete or unclear documents.

General

s118 Pending applications

s118 Applications - Pending Planning and Building Development : A list of matters that need to be resolved and requirements met before financial values can be issued.

General

Disposition

Disposition of a business of trade: if an investment company entering into sale agreements of immovable property is deemed to be a trader must be decided on its own merits.

General

Pre emptive right/condition

From a conveyancing point of view and for the ensuing reasons it is imperative to distinguish between a pre emptive right proper and a pre emptive right condition.

General

Examination Guidelines

Guidelines to Prepare for The Conveyancing Examination - what prospective conveyancers need to know when preparing for the conveyancing practice examination.

General

Bona vacantia assets

Allen West answers the question of how the decision in Rainbow Diamonds concerning bona vacantia assets accruing to the State affects conveyancing practice.

General

Commissioners of Oaths

Notes on regulations governing the administration of an oath or affirmation in terms of the Justices of the Peace and Commissioners of Oaths Act 16 of 1963.

General

Expropriation Bill

The Portfolio Committee on Public Works invites interested people and stakeholders to submit written comments on the Expropriation Bill [B 4—2015].

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A better Expropriation Bill

The Institute of Race Relations has warned that the Expropriation Bill will threaten prosperity by undermining property rights, deterring investment, and choking off growth.

General

Not the house

Dylan Bradford looks at the various aspects to be considered in deciding whether to exclude a house or the value thereof from accrual in an antenuptial contract.

General

Municipal debt victory

Peter Livanos highlights Stand 278 Strydom Park (Pty) Ltd which reaffirmed that services to a new owner can't be terminated because of previous owners' debts.

General

Simultaneous death

Updated clarity on inheritances where the testator in a will has not specifically provided for simultaneous death or where there is no certainty as to who survived whom.

General

Creation and lapsing

Allen West provides a review and guide to the application of the principles regarding the creation of and lapsing of fideicomissa, which are a complex part of our law.

General

NEMBA

To what extent if at all, are the provisions of the National Environmental Management: Biodiversity Act (NEMBA) being given effect to in deeds of sale by estate agents?

General

Alien and Invasive Regulations

Guidelines regarding surveys and a suggested declaration clause implementing the Alien and Invasive Species Regulations which came into effect in October.

General

Redistribution agreements - I

Allen West discusses redistribution agreements - their formative requirements; when it is lawful to enter into one; assets which may be redistributed and their foundation.

General

Redistribution agreements - II

Part II covers the parties; the creation of reciprocal obligations between heirs; transfer duty; and post liquidation and distribution account acceptance agreements.

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Fica exemption question

Do the exemptions from Fica identification and verification procedures cover Bond Cancellations as they are not mentioned as a transaction requiring verification?

General

Robertsville Property CC

Allen West argues that despite the judgment in Erf 441 Robertsville, s67 of the Town Planning and Townships Ordinance 15 of 1986 is applicable to sectional title unit sales.

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Alien and Invasive Regulations - II

Answers to questions to do with the effect of declarations on sales; the requirement to remove alien invasive species; and the contact details of registered agents.

General

Alien and Invasive Regulations - III

Following an article last week and the comments received, some more clarity on the practical effect of the applicability of NEMBA to the sale of immovable property. 

General

A rose by any name

Allen West discusses a number of scenarios when a woman's name changes as a result of marriage, death or divorce and the relevant registration practices.

General

A Rose by any name - II

Dudley Lee discusses and gives reasons as to why he is a bit at odds with the original article - A rose by any name.

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Continuing development

As the first year of the first CPD cycle draws to a close, it apprears that some estate agents on the current cycle have failed to accumulate the required fifteen CPD points.

General

Subdivisions

Dylan Bradford considers the implications of EM and EM Engineering (Pty) Limited v KwaDukuza Municipality and Others for rates liability over newly subdivided land.

General

Draft Amended Code

Members of the public and interested parties are invited to submit comments in writing by the 30 December 2015, on the draft Amended B-BBEE Property Sector Code.

General

Cpt - Deeds Office year end

Deeds Office Cape Town Year End Arrangements: December 2015 to January 2016 - A schedule setting out changes to the normal operations in the various sections.

General

The year that was - 2015

As the year approaches its inexorable end, we cast our eyes over a number of the most newsworthy conveyancing articles and stories which we published in 2015.

2014
General

Dies cedit dies venit?

Sydney Mekwe looks at issues arising with regard to when a beneficiary is deemed to have acquired a benefit due to him/her in terms of any legal instrument.

General

Historical municipal debt

Chantelle Gladwin advises that in the light of Mathabathe all Offers to Purchase should include a clause that sellers undertake to obtain a full rates clearance.

General

Trouble with trusts

Jack Crook highlights various issues when dealing with trusts in property transactions as evidenced by the case of Jansen NO and Others v Ringwood Investments 87 CC.

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Vesting property in SANRAL

Khumo Makallane elaborates on the application of CRCs 1 of 2002 and 9 of 2011 and the guidance they give to dealing with vesting transfers relating to SANRAL.

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En commandite partnerships

Dudley Lee argues for registrations in the name(s) of general partner(s) in en commandite partnerships without mentioning the name of en commandite partners.

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Mathabathe hidden costs

Chantelle Gladwin and Ramon Pereira draw our attention to the potential implications - 'hidden costs' - of the AD decision in the City of Tshwane v Mathabathe.

General

Agency and POAs

Allen West covers the nature of agency, mandants, agents, proof of agency and the registration of powers of attorney, and the formalities connected therewith. 

General

Attendance register

Pretoria Deeds Office - because some deeds are executed outside the execution room, a daily attendance register for conveyancers is to be kept at execution.

General

Praedial servitude basics

Allen West covers a number of general aspects about praedial servitudes, including diagrams illustrating them, and their creation, registration, modification and termination.

General

Perpetuating official languages

Thabo Nqhome submits that Regulation 35(2) in the Deeds Registries Act be repealed as it creates an absurdity when conditions are referred to in the official languages.

General

Late property valuation objections

Chantelle Gladwin and Adam Civin examine the implications of objecting to unrealistically high property valuations outside of advertised roll inspection periods.

General

Credit Amnesty -II

While access to credit is to be encouraged and the recent regulations are welcome, credit providers must now ensure they are particularly vigilant when extending credit.

General

Incisions

Theo Bester explains what incisions are and how they are used in extending the boundaries of existing townships by the inclusion of surrounding farm land.

General

A conveyancing claim

May 2014 Risk Alert Bulletin: A conveyancing claim by a claimant against an estate for losses incurred subsequent to the Master refusing consent to transfer. 

General

High Court Rule 46

Peter Livanos is concerned that some transferring attorneys and Sheriffs are not complying with High Court Rule 46 and Form 21 - Conditions of Sale in Execution.

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HOA's barring business

Vanilla Street Home Owners Association v Ismail and Another addresses the knotty problem of a HOA’s powers to bar an owner from running a home-based business.

General

A tax to bin?

Nicola Sulter and Ramon Pereira argue that the courts need to declare the legal nature of refuse removal as being either a tax or a service as the ramifications are wide.

General

Pretoria Notice

Pretoria Deeds Office Notice: Account holders need to re-register their accounts and submit the required documents for the financial year by 30 May.

General

Condonation applications

Have we, in the light of the Habitat case reached the end of the line for condonation municipal valuation applications to the MEC in Gauteng?

General

Kroongrond Nederzettingswet

Annette Fyfer can't understand why a consent letter is required if it is clear that the Act was repealed and therefore the condition can no longer be relevant or applicable.

General

Master's s 42(2) Certificate

Thabo Nqhome appraises the application of section 42 (2) of the Administration of Estates Act, in the light of Registrars Conference Resolutions nos. 46/2008 and 41/2012. 

General

Nederzettingswet - a response

Thabo Nqhome argues that section 2A of the State Land Disposal Act, 1961 provides for the removal of a condition imposed in terms of the Kroongrond Nederzettingswet.

General

Polygamous proprietary consequences

Legal certainty for the proprietary consequences of polygamous customary marriages is lacking, in the absence of answers from the courts and legislature. 

General

Mistaken transfer

Nkuba Ngoasheng discusses Bester and Others NNO v Schmidt Bou Ontwikkelings CC - a case of untangling the faulty knot when property is mistakenly transferred.

General

Admin fee increases

As from the 1 July 2014 new administration fees will come into force for rates clearance applications in Cape Town. Incorrect payments will be rejected and the case closed. 

General

Explain

Transferring attorneys need to explain Clearance Certificates to their clients and the ramifications of the debts outside of the two year period when transfer is effected.

General

Mistaken transfer - II

Johan Gijsbers agrees with Ranald Vise regarding rectification transfers and notes further points about such transfers apropos the article Mistaken transfer.

General

Mistaken transfer - III

Dudley Lee gives the reasons as to why in the Schmidt Bou case reviving the title was not a possibility and why a "transfer" was therefore the only option.

General

Form R

Thabo Nqhome submits that Form R should be identified as a CRT issued under s43 (1) and a new form be designed for a CRT issued under s43 (5).

General

CRC 9/2014 – a response

Thabo Nqhome argues that in terms of CRC 9/2014 only Provincial Governments and not local authorities are competent to apply to transfer their properties to municipalities.

General

Temporary relief

Temporary relief for developers in terms of Section 18B of the VAT Act of 1991 ends on 1 January 2015 and current draft taxation laws suggest it won't be extended. 

General

Foreign property

Allen West offers some clarity on the thorny issue of the devolution of immovable property emanating from a foreign estate.

General

Mistaken transfer - IV

Thabo Nqhome opines that when the SCA dismissed the appeal, it had in mind an order that was, in part, materially different from that actually granted by the High Court. 

General

Servitudes as security

Allen West answers the question as to whether servitudes can serve as security under a mortgage bond.

General

Application fees

On 1 July 2014 new revenue clearance application fees came into effect for rates clearance certificates for eThekwini Municipality.

General

New scam

Ann Bertelsmann highlights the latest conveyancing scam doing the rounds  in which the conveyancer's and purchaser's emails are intercepted and addresses spoofed. 

General

Notarial tie question

Allen West answers a question from Rowan Harrison about the transfer of notarially tied properties held by different individual owners. 

General

Power to act

Does an executor or representative have the power to enter into a transaction prior to his or her appointment by the Master, and if not can the registrar reject related deeds?

General

Waiver of legal exceptions

An awareness and understanding of what the legal exceptions in mortgage bonds mean, will give clarity on the impact of their waiver. 

General

Royal Anthem - Discussion

Ken Mustard discusses Royal Anthem Investments in the light of s 1 of the Prescribed Rate of Interest Act and considers options for conveyancers faced with a similar claim.

General

Bilateral or unilateral execution

Allen West discusses the requirements to be used in determining whether a notarial cession of a personal servitude must be executed bilaterally or unilaterally.

General

Rates Act assent

President Zuma has signed into law the Local Government: Municipal Property Rates Amendment Act.

General

Conveyancer's responsibility

It is the conveyancer's legal responsibility to protect the interests of the purchaser and the seller when answering the question: "For whom does the conveyancer act?"

General

Preventing delays

Ulrik Strandvik recommends a number of steps for sellers to implement and bear in mind in order to prevent delays in transferring property which they have sold.

General

Legality of rates on EUAs -II

Donald Moore raises a number of points and argues that the trick is to make sure the values are correct and object to the valuation in the valuation roll if the values are wrong.

General

Did you know - VI?

Allen West continues with more conveyancing facts about inter alia Notarial tie agreements; lost or destroyed rules of a scheme; and untraceable bondholders.

General

Debtor substitution

Some clarity in the legal debate about the application and interpretation of the provisions of section 57 of the Deeds Registries Act regarding the substitution of a debtor.

General

Urban Development Zones

Graeme Palmer discusses the requirements, nature and benefits of the Urban Development Zone tax incentives which have been extended from March 2014 to March 2020.

General

Purchasers protected

Denoon Sampson highlights little known amendments to s 118 of the Municipal Systems Act that protect purchasers from being sued for the sellers’ municipal debt.

General

Reversionary right practices

Allen West discusses the practices and procedures surrounding the interpretation, differentiation and implementation of reversionary rights under different scenarios.

General

Liquidation of COs and CCs

Allen West draws attention to the liquidation of companies and close corporations and the lodgement of bonds for disposal in terms of s 56(1)(b) of the Deeds Registries Act.
 

General

Contingent Usufructs

Allen West discusses the registerability of contingent usufructs  and related matters including their effect on transfer and mortgage, multiple holders and concurrent usufructs, 

General

Cession of personal servitudes

Allen West gives his opinion on the dilemma faced by registrars of deeds over whether the cession of personal servitudes are capable of being registered.
 

General

Forfeiture of benefits

The court must specifically refer to the immovable property being forfeited before it can be endorsed ito section 45 of the DRA so that the beneficiary spouse can deal with it.

General

OHS Construction Regulations

Chantelle Gladwin and Adam Civin on the impact of the 2014 Occupational Health and Safety Act Construction Regulations on "clients" and managing agents.

General

2015 Conveyancing Seminar

Allen West presents his annual overview of the recent Registrars' Conference Resolutions and what you need to know to lodge deeds and documents in 2015.

2013
General

The year that was - 2012

As the year approaches its end it is time to have a quick look at a summary of the most important conveyancing stories, issues and articles which we covered in 2012.

General

Don't lose defect cover

Wanting to to build your own dream home this year? Know that you have strong statutory protections against poor workmanship and structural failure writes Jack Crook.

General

Vesting transfers and expropriations

Sydney Mekwe and Wiseman Bhuqa examine deeds office practice with regard to the transfer of ownership by way of expropriation and vesting. 

General

Conveyancing scam - 2

The Attorneys Insurance Indemnity Fund (AIIF) started receiving notifications from conveyancers about a particular conveyancing related scam at the beginning of 2012.

General

Deeds Act Amendments

The amended regulations, dated 14 March 2013, are effective from 15 April 2013 and must be applied to all deeds lodged after such date or documents executed thereafter.

General

To be expressed

Regulation 29 of the Deeds Registries Act 47 of 1937 which concerns the description of immovable property has been amended with effect from 15 April 2013.

General

Correcting misconceptions

Donald Moore corrects some misconceptions about the legal nature of certificates and their need as a prerequisite for a transfer to be registered. 

General

New s118(3) process

On the 1st of May 2013 the City of Cape Town will be implementing a new process to enforce the payment of costs when rates clearance certificates are applied for. 

General

Fica rules and property sales

Answers are given to a Fin24 reader who questions the Estate Agency Affairs Board’s power to regulate property sales outside of Fica legislation.

General

Partition agreements

In terms of 26 of the Deeds Registries Act and a partition agreement joint owners of a piece/s of land may redistribute it to become owners of  their own portions.

General

Fixing marital status errors

Where immovable property vests in a married person described with an erroneous marital status such vesting can be rectified in terms of section 4(1)(b).

General

Deeds Registries Amendment Bill 2013

The Minister of Rural Development and Land Reform gave notice on the 15th of May that he intends to introduce a Deeds Registries Amendment Bill this year. 

General

Property Valuation Bill 2013

The Property Valuation Bill, 2013 was recently published by the Minister for Rural Development and Land Reform in the Government Gazette for comment.

General

The object of a right of habitatio

G K Makallane submits that the known interpretation or application of the concept of habitatio has been flawed for far too long.

General

Shares in land

Allen West discusses the practice and procedure to be followed pertaining to shares in land and to their relevant paragraphs in deeds.

General

Validity of polygamous marriages

Ngwenyama v Mayelane gives legal certainty to the requirements for the validity of polygamous customary marriages, these and a citation question are discussed.

General

Electric fences revisited

To certify or not to certify that is the question: asks Milton Koumbatis, in a comprehensive commentary on the controversy surrounding electrical fence certificates.

General

Mortgage bond security

Case law allows for a usufruct and perhaps a habitatio to serve as security, but could other personal servitudes which are res in commercio also possibly serve as security?

General

The new Expropriation Bill

An analysis by Milton Koumbatis of new Expropriation Bill in the context of s25 of the Constitution and its interpretation; unresolved issues; and the Property Valuation Bill. 

General

Rejection guidelines

Some hard and fast rules as to when a deed or document shall be rejected are needed, so that the profession and the deeds registries are on the same page

General

Qualification of conditions - I

A guideline of the practices regarding the qualification of conditions in deeds and certificates in the Pretoria, Johannesburg and Nelspruit Deeds Registries.

General

Qualification of conditions - II

Part II of the guideline of practices about the qualification of conditions in deeds and certificates in the Pretoria, Johannesburg and Nelspruit Deeds Registries.

General

Faulty registration rectification

How does a registrar of deeds resolve a scenario when an error causes the same land to be registered in the name of one person under two different title deeds?

General

Deeds examiners beware

A proposed amendment of section 99 of the Deeds Registries Act by the Deeds Registries Regulation Board, will have dire consequences for deeds examiners, take heed.

General

S 118 rejections

Cape Town - effective Monday 02 September, all incorrect or incomplete S 118 applications submitted or incorrect payments made, will be rejected and the application closed.

General

Rejection guidelines - II

Dudley Lee takes issue with and has a number of comments, concerns and reservations about the article Rejection Guidelines published in July.

General

Tshwane Municipality v Mathabathe - II

Dudley Lee - Municipalities are abusing their power by using rates clearance as their principal debt recovery tool, and are scaring conveyancers into issuing undertakings.

General

Former TBVC marriages

Waterson Mketshane discusses the legal consequences of marriages and their areas of applicability with regard to the former TBVC countries and South Africa.

General

eThekwini guidelines 2013/2014

eThekwini guidelines for the issuing of revenue clearance certificates in terms of Section 118 of the Local Government: Municipal Systems Act 32 of 2000.

General

Electricity theft - Qs and As

Chantelle Gladwin addresses several keys issues raised in relation to electricity theft, specifically in relation to a multi-dwelling setting.

General

Vesting in a bewind trust

Tania Shawe examines the current registration and other implications of the vesting of immovable property in bewind  and ownership trusts.

General

Unusually high water bill?

Ramon Pereira and Chantelle Gladwin give advice on the causes of and how to deal with, having an unusually high water bill.

General

De registered company question

A question about transfers from a company which has been deregistered ito the Companies Act and a curator appointed ito the Prevention of Organized Crime Act.

General

RCRs 59 and 70 of 2012 analysed

Khumo Makallane feels that conference resolutions 59 and 70 of 2012 to a large degree validate the views originally expressed by her in The object of a right of habitatio.

General

De registered company question - II

In response to the question posed at the end of  De registered company question Thabo Nqhome writes that the Conveyancer may not proceed with the transfer of the property.

General

2014 Conveyancing Seminar

Allen West presents his annual overview of the recent Registrars' Conference Resolutions and what you need to know to lodge deeds and documents in 2014.

General

Building plans and voetstoots

If you have bought a property only to realize 6 months later that it does not have approved building plans, this is a latent defect, and you may be able to claim damages.

General

Effective cause

Jack Crook writes that sellers and agents must know the downside of not clearly recording in writing, the exact circumstances in which a seller must pay commission.

General

The year that was - 2013

As the year approaches its inexorable end, we cast our eyes over a number of the most newsworthy conveyancing articles and stories which we published in 2013.

2012
General

The year that was - 2011

As the year winds down, we cast our eye over a number of the big conveyancing stories which we covered in 2011.

General

2012 Outlook

FNB's House price index wrap of 2011 and 2012 outlook - 2011 was a year of slow house price growth and 2012 promises to be “more of the same”.

General

25% over-valued?

Is the housing market 25% over-valued? John Loos thinks it is not possible to say, but nevertheless he does expect some further real house price decline.

General

Role players

Allen West highlights the centrality and importance of conveyancers and registrars in upholding the integrity of South Africa's land registration system.

General

Townships Ordinance

Allen West discusses the sale and transfer of land in townships as governed by the Town Planning and Townships Ordinance 15 of 1986. 

General

Responsible marketing

Estate agents must be fair and responsible in their marketing otherwise they could be exposing themselves to claims in terms of the CPA writes Karien Hunter.

General

Communication 3

Communiction 3/2012 of the Cape Town Registrar of Deeds deals with two items - back scanning and the rates clearance issue.

General

Capacity to sell

Allen West answers the question with reference to s 18(3) of the Administration of Estates Act, as to whether a representative of a deceased estate can sell immovable property.

General

Capacity to sell - response

Thabo Nqhome responds to Capacity to sell  about the selling of immovable property in the context of the Administration of Estates Act.

General

Description

Allen West discusses the huge impact of the new Companies on the description of companies in deeds and documents lodged at deeds registries for registration.

General

A spanner in the works

Samantha Thornhill gives advice on what to do when a company has been silently deregistered, thereby potentially delaying a property transaction by two to four months.

General

Differentiation

Practitioners must be wary when wording praedial servitudes. Merely referring to the owner and not the property is tanatmount to creating a personal servitude.

General

Extension of suspension

City of Cape Town - the suspension of templates of previous rates clearance certificates has been extended to 30 April 2012.

General

Initialling of alterations

Allen West discusses the instances when full initialling of alterations or interlineations on Powers of Attorney, Consents or Applications  is required.

General

Transfer duty receipts

Clarification as to what information is necessary and which alterations and errors are acceptable to Registrars in transfer duty receipts.  

General

Did you know - III?

Allen West lists some interesting conveyancing facts about monetary figures, Eskom servitudes and the amendment of divorce agreements and of a person's status.

General

Unauthorised payments of trust money

Ann Bertelsmann highlights examples of inventive and convincing methods fraudsters have used to obtain unauthorised and premature payments of trust money.

General

Inflated price

A conveyancer has asked if it is fraud to artificially increase the purchase price of a property to include transfer and bond registration costs?

General

Legal certainty for habitatio

Allen West submits that one cannot register a habitatio without the procurement of a diagram of that portion of the land on which the dwelling is erected.

General

Conveyancing scam

An urgent request from Ann Bertelsman of the AIIF who highlights the latest scam of which conveyancers must be aware. 

General

Negative personal servitudes

Allen West discusses the transfer duty implications of the creation of negative personal servitudes in a deed of transfer of immovable property.

General

Who must pass transfer?

Recently in Edkins v Registrar of Deeds, Johannesburg and  Others it was held that the Sheriff is allowed to pass transfer in sales in execution prior to the surrender of an estate.

General

Will trust query

A reader would like to know whether Paragraph 51A of the Eighth Schedule of the Income Tax Act includes Trusts in the moratorium.

General

The abstract system and s 100

Thobeloni Msoni discusses s 100 of the Deeds Registries Act - concerning formal defects - and its relation to the abstract and causal theories of ownership transfer.

General

Hypothecation of an undivided share

An answer with reference to the Deeds Registries Act to the question as to whether a co-owner of land may mortgage his/her share in such land.

General

Multi-tiered structures

SARS accepts that under Paragraph 51A(4) of the Eighth Schedule residences can be transferred directly to a beneficiary of a trust, thereby avoiding having to terminate the trust.

General

Praedial servitudes

Allen West discusses the cancellation of praedial servitudes by agreement,  by abandonment, by effluxion of time, by court or legislation, and of lapsing by merger.   

General

Nature of co-ownership

If ownership of a piece of land is not confined to one person, from a registration point of view it is interesting to ascertain what rights a co-owner may grant over his share. 

General

Effect of divorce

Allen West looks at the effect divorce has on immovable property acquired during or before marriage.

General

Execution and signing

Allen West highlights the formalities of notarial deeds and documents and the importance of adhering to them in their execution and signing.

General

Did you know - IV?

Allen West challenges you to get your thinking caps on to see if you know a few  more interesting and sometimes strange facts about conveyancing.

General

Did you know - V?

Allen West continues with more conveyancing facts about waived unregistered usufructs, roman numeral linking, fractions exceeding two figures and notices of motion.

General

Validity of foreign marriages

From a conveyancing perspective it is of the utmost importance to determine whether a marriage concluded in South Africa between foreigners is indeed a valid marriage.

General

Effect of death of an heir

Allen West discusses the effect the death of an heir has on the devolution of the inheritance of immovable property bequeathed or inherited by that heir.

General

One scheme two Deeds Registries

In terms of the Sectional Titles Act development schemes can't fall under two different Deeds Registries as they must be situated in the jurisdiction of a single local authority.

General

Covering mortgage bond question

A question has been asked about Covering Mortgage Bonds.

General

Fiduciary and fideicommissary rights

Allen West explains the nature of and the differences between, fiduciary and fideicommissary rights with regard to inter alia their creation and registration.

General

Agricultural subdivision

Allen West discusses the prohibitions against subdivision and transfer of land defined as "agricultural holdings" in the former Transvaal.

General

Conversion of companies

Applications for conversions must be lodged in terms of section 3(1)(v) of the Deeds Registries Act and must be accompanied by proof from Cipro of their conversion.

General

Simultaneous registrations

Allen West examines when the registration of deeds takes place, with particular emphasis on simultaneous registration, and the sequence of registration.

General

Vesting of a property in a trust

Sydney Mekwe considers the vesting of property in a trust and other voluntary associations, and the need for clarity notwithstanding the extended definition of a "person". 

General

Modify, extinguish or cancel - I

Allen West discusses the cancellation of personal servitudes and fideicommissums and the modification of negative personal servitudes.

General

Modify, extinguish or cancel - II

Allen West concludes his article about personal servitudes by covering their lapsing in general, by merger and by statute. 

General

Recording of a contract

Gloria Makallane unpacks the procedure, general practices and effect of the recordal of a contract in terms of the Alienation of Land Act of 1981.

General

Permission to Occupy

Wiseman Bhuqa explains the history and background to Permissions to Occupy, their legal nature and how they are issued and registered. 

General

Electric fence certificates

Carol McDonald brings our attention to the requirement of an electric fence system certificate of compliance for sales agreements concluded after 1 October 2012. 

General

2013 Conveyancing Seminar

Allen West presents his annual overview of  the Registrars' Conference Resolutions (2012) and what you need to know to lodge deeds and documents in 2013.

General

Making sense

The Property Transfer Process - Mari van Wyk offers a number of tips to home buyers to ensure that their property transfer is as smooth and hassle free as possible.

2011
General

PE Convey Club – Jan/April 2011

The Port Elizabeth Convey Club charges into 2011, expectant and ready for action.

General

Draft SARS Guide

Roelie Rossouw draws our attention to the SARS "must read" guide to disposing a residence from a company or a trust, and comments on the question of who qualifies as an acquirer.

General

Foreign marriages and folly

Dudley Lee responds to Thabo Nqhome's letter by suggesting that we simply accept the L&D account as sufficient proof that parties to a foreign marriage were married in community of property.

General

Fractions

Rob Wynne suggests we move away from fractions in deeds and adopt the metric system.

General

Draft SARS Guide - II

Nadia de Kock highlights conveyancing issues and raises a number of questions with the "must read" Guide to the disposal of a residence from a Company or Trust.
 

General

Base Cost

Donald Moor of Guthrie and Rushton expands upon the relevance of base cost when doing a Para 51A transfer.

General

Companies in liquidation

RCR 37/2010 simply seems to ignore the phrase "… or under the supervision of the Court" when a company is in liquidation, causing great frustration writes Dudley Lee.

General

Connected clarity

Nadia de Kock gives more clarity regarding who "connected persons" are when it comes to Close Corporations.

General

Deceased developer

Dudley Lee considers the answer of Resolution 83/2010 to: "May an executor, administering the estate of a deceased 'developer' apply for the opening of a sectional title register?"

General

Companies in liquidation - response

Thabo Nqhome does not agree that a certificate to the effect that a winding under supervision of the Master of the High Court means a winding up "under the supervision of the court".

General

Deceased developer – a response

Thabo Nqhome opines that Registrars Conference Resolution 83/2010 should properly be answered in the administration of deceased estates as opposed to conveyancing.

General

First step

Is the mortgage of immovable property a first step to alienation, ask Alex Abercrombie and Rayzaan Johaardien in the March edition of De Rebus.

General

Rule 63 - apostille

Can a document executed in Namibia for use in South Africa be authenticated before a Notary? Allen West has the answer - "No".

General

Companies in liquidation – response II

Dudley Lee highlights the continuous nature of supervision, the powers given to the Master in terms of the Companies Act and jurisdiction in responding to Thabo Nqhome's Companies in liquidation - a response.

General

Deceased developer – response II

Dudley Lee differs with Thabo Nqhome on executors opening a sectional title register in a deceased estate and sets out his reasons pari passu.

General

Deceased developer – response III

Thabo Nqhome sets out his reasons pari passu in responding to Dudley Lee's Deceased developer - II on executors opening a sectional title register in a deceased estate.

General

Companies in liquidation– response III

Thabo Nqhome responds to Companies in liquidation - response II which we published last week.

General

A final response

Dudley Lee's final response to Thabo Nqhome regarding the powers of the Master of the High Court and his role in supervising the process of companies in liquidation.

General

Cape Registrar's Notice 1/2011

Cape Registrar's Notice 1/2011 and Annexure A to Registrar's Circular 02/2011.

General

Estate conditions

Allen West looks at the registerability and effect of testamentary conditions excluding community of property with regard to their lawfulness, whether they are binding and their effect on creditors.

General

Finis?

Thabo Nqome considers the question raised in A final response: "please explain to me what exactly it is that the Master does in case of liquidations, insolvencies, deceased estates, etc?"

General

Suspension call

Dudley Lee calls for the withdrawal of CRC 4/2011 arguing that NAMA and HOA's must be completely unaware of their duties or are trying to get the Chief Registrar of Deeds to do their work for them.

General

Fixed term

Marlon Shevelew discusses the much needed provisio of the CPA whereby the previously suggested fixed period of 24 months for any consumer agreement is no longer cast in stone.

General

Outside South Africa

Allen West looks at some of the ins and outs of the legal and proprietary consequences of a marriage concluded outside of South Africa.

General

Suspension – a response

Thabo Nqhome does not agree that the suspension of RCRs 46, 47 and 62/2010 are perfectly in line with the legal situation in the case of forced sales.

General

Suspension agreement

Mark Schäfer agrees with Dudley Lee that that Chief Registrars Circular 4/2011 should be withdrawn.

General

Nelson Mandela Bay

Guidance notes for conveyancers from the Nelson Mandela Bay Municipality regarding the payment of rates and the transfer of properties over the new financial year.

General

Three aspects

Kevin Mahon argues that three aspects have now been taken into proper consideration by CRC 4/2011 with regards to the issuing of Home Owners Association certificates.

General

Guide to investing

As the second best performing asset class after shares it is worth looking at the different ways in which one can invest in property, from the low-risk to the very high risk investments.

General

Massing versus adiation

Allen West sheds light on the difference between massing and adiation as opposed to massing and election and their impact on the transfer of immovable property from a massed estate.

General

Did you know?

Allen West challenges you to get your thinking caps on and see if you know these interesting and sometimes strange facts about conveyancing.

General

Three aspects response

Dudley Lee expands on an earlier article and argues that HOAs and their arrear levies are regulated by the Insolvency Act and are a tax in terms of it. Therefore CRC 4/2011 should be reversed.

General

No bond purchase?

Meyer de Waal presents the purchase of property via the instalment or lease to own methods as an alternative to conventional methods when bond approval is refused.

General

Total deviation

Kevin Mahon writes that if a Registrar allows an HOA related transfer to proceed without a certificate, and the HOA suffers a loss as a result, it may have a claim for damages against him.

General

Final SARS Guide

SARS recently released their final Guide to the disposal of a residence from a Company or Trust.
 

General

Cos, CCs and property

Allen West discusses conveyancing problems caused by the dissolution or deregistration of companies and CCs as the owner, bondholder or real right holder.

General

CPA thoughts

Barry Cloete pens some thoughts and observations on the impact of the Consumer Protection Act on estate agents.

General

No bond response

Gavin Gow takes issue with "No bond purchase?" for ignoring the CPA which came into effect on 1st April and highlights important aspects of the NCA.

General

Did you know - II?

Allen West continues the challenge to you to get your thinking caps on to see if you know these interesting and sometimes strange facts about conveyancing.

General

No bond purchase - II?

Meyer de Waal defends criticism of purchasing property via the instalment or lease to own methods as an alternative to conventional methods when bond approval is refused.

General

Can't be affected

Allen West discusses what happens when an inheritance of immovable property cannot be put into effect.

General

Draft Taxation Laws

The draft Taxation Laws Amendment Bill, 2011, which gives effect to matters presented by the Minister of Finance in the Budget Review 2011, has been published for comment.

General

When to reject

Wiseman Bhuqa provides basic guidelines for examiners on when to reject or query a deed.

General

Effect of sequestration

Allen West considers the effect of sequestration where a spouse is declared insolvent subsequent to his/her marriage in community of property.

General

Residential applicability

Maria Davey of Meumann White discusses the application of the Consumer Protection Act and its applicability to the sale of residential property.

General

Validity of polygamous marriages

Allen West discusses the validity of polygamous customary marriages entered into subsequent to the coming into operaton of the Recognition of Customary Marriages Act 120 of 1998.

General

Effect a response

Thabo Nqhome is unable to agree with an aspect of the conclusion reached in Effect of sequestration regarding the consequences of a section 45bis endorsement. 

General

Subdivision of agricultural land

Allen West looks at subdivision vis-n-vis the sale of agricultural land.

General

Urgent alert

In an urgent alert, Meumann White has objected to proposals to amend Section 1 of the Property Rates Act to allow commercial rates to be charged on residential property not used by the owner.

General

Defusing a furore

Yunus Carrim, the Deputy Minister of Co-operative Governance and Traditional Affairs says home owners need not worry about the Rates Bill.

General

Records Services of SA Act

Does a deeds registry need to comply with the National Archives and Records Services of South Africa Act asks Erna-Marié Pretorius?

General

Subdivision of agricultural land - II

Johan Muller raises pertinent points about the sale of an undivided portion of agricultural land in terms of the Subdivision of Agricultural Land Act 70 of 1970.

General

Paragraph 51 query

Clarity is needed about the application of paragraphs 51 and 51A where a trust wants to transfer property to the spouse of a dead beneficiary.

General

Double registration

Hannelie Bronkhorst explains what must be done when the same property is registered in the name of two different owners. 

General

Capacity of an insolvent

Allen West discusses the capacity of a rehabilitated insolvent to deal with immovable property.

General

Query

A question about a  section 51 moratorium transfer of one unit in a two unit block from a CC when the second unit is occupied as a primary residence by the sole member of the CC.

General

Involved intricacies

Allen West provides guidelines as to the application of section 4(1)(b) - rectification of errors - and as far as possible to substantiate them with authority.

General

Take no prisoners

The Department of Environmental Affairs (DEA) will deal with non-compliance of regulations and incorrect or deficient representations vigorously. 

General

Unregistered foreign companies

Allen West discusses the responsibility of the conveyancer when dealing with unregistered foreign companies in terms of regulation 44A of the Deeds Registries Act 47 of 1937.

General

Change of Marriage

Allen West clarifies some issues surrounding the conversion of a customary marriage to a civil marriage.

General

Change of marriage - II

Ranald Vise understands section 10 of the Recognition of Customary Marriages Act to mean a  new marriage.

General

Change of marriage - III

Ken Mustard and Ranald Vise respond to a reply last week by Allen West about the interpretation of section 10 of the Recognition of Customary Marriages Act. 

General

Execution sales

Allen West asks: "In sales of execution - must property be transferred free of, or subject to, usufruct?"

General

Change of marriage - IV

Thabo Nqhome argues that there is no justification for interpreting the words “their marriage” in section 10 (2) of the RCMA, to mean “their subsisting marriage”.

General

Non-citizen name

Allen West discusses the formalities necessary to effect a change in name of a non-South African citizen.

General

Capacity of associations

Allen West discusses the capacity of associations to acquire immovable property. 

General

2012 Conveyancing Seminars

Registrars' Conference Resolutions 2011 - What you need to know to lodge deeds and documents in 2012.

General

Devolution

Allen West looks at the effect a repudiation of an inheritance has on the devolution of immovable property.

General

Foreign currency

The Deeds Registration Trading Account and the correct methods to be used to calculate and reflect foreign currency in deeds of transfer.

2010
General

PE Club Jan/Feb 2010

More activity from Port Elizabeth after an hiatus of some months.

General

Questions posed

Attorneys pose questions around the interpretation of para 51(2)(c) of the Eighth Schedule to the Income Tax Act and matters germane thereto.

General

What will 2010 hold?

As is the habit at this time of year many of us tend to indulge in a degree of crystal ball gazing.

General

More clarity

Antoinné van Deventer provides clarity to some confusion following her answer to the first question in Questions posed last week.

General

Causal or abstract?

Wiseman Bhuqa unpacks the differences between the causal and abstract theories relating to the transfer of ownership of immovable property.

General

Causa for CC

Allen West gives an example of the causa to be used when transferring property from a CC to its members in terms of the Taxation Laws Amendment Act No. 17 of 2009.

General

Tax window transfers

Bobby Bertrand of Bowman Gilfillan, Cape Town, has reservations about the suggested causae published last week.

General

Two more

Antoinné van Deventer answers two more questions, about same sex partners and trusts with regard to Section 9(20) transfers.

General

Company law update

Prof Anneli Loubser will be presenting a workshop on the major changes to corporate law following the Companies Act coming into force during 2010.

General

Section 18(3) sales

Margaret Meyer discusses the sale of fixed property in terms of Section 18(3) of the Administration of Estates Act.

General

S 18(3) sales – a response

Thabo Nqhome does not subscribe to the view contained in last week's article Section 18 (3) sales.

General

PE Club – March to May 2010

Port Elizabeth Convey Club doings and suchlike.

General

More s9(20) thoughts

Anville van Wyk pens some thoughts on s9(20) and the transfer of residences from companies and trusts to individuals.

General

No common law application

The common law principle that if no time for payment is specified, it must be made against delivery does not apply to a sale of land, writes Selwyn Cohen.

General

Cape Registrar's Notice No. 1/2010

Cape Town Registrar's Notice No.1 of 2010 - To provide clarification in the application of the Registrars' Conference Resolutions of 2009.

General

Fraudulent transfer

The issue in a recent arbitration was whether one T, in whose name a valuable large, seaside property was registered in the Deeds Office, was the owner of that property.

General

Guidance sought

Ig Kruger says it is about time some clarity was forthcoming on the causa to be used for tax window transfers from CC's, Trusts and companies.

General

Causa for tax window - 2

A roundup of the responses to Ig Kruger's request for guidance on causa for transfers last week, the conclusions of GhostDigest and the changes to GhostConvey.

General

Tax window Causa

Anville Van Wyk draws our attention to the need to distinguish between the tax and the conveyancing issues of tax window causa.

General

Purchase price and Vat

Deeds of sale must correctly reflect whether the purchase price includes VAT or not writes Allen West.

General

Securitisation of mortgages

Hannes Gouws deals with the practical implications of Chief Registrar's Circular 12 of 2007 with reference to the securitisation of mortgages.
 

General

Government Notice R291 and R292

Allen West discusses the latest amendments to the Deeds Registries Act and to the regulations in the Sectional Titles Act, highlighting their affect on the daily functioning of practitioners and deeds office staff.

General

Bond change

Examples of new forms making provision for the application of Regulation 41(1) of the Deeds Registries Act to be implemented in GhostConvey in June.

General

Lapsing of outspans

The lapsing of outspans on the transfer of land in the former Transvaal.

General

Subject to ties

Dudley Lee discusses the consolidation of agricultural land subject to tie conditions.

General

Subject to ties – a response

Thabo Nqhome and Peter Newmarch agree and differ on a number of aspects with Dudley Lee's article about the consolidation of agricultural land subject to tie conditions.

General

Substitution of the appearer

M S Mekwe considers this practice in the light of an obiter dictum in a Namibian case and RCR18 of 2009.

General

Effecting causae

Explanatory notes on how to effect Section 9(20) transfers from juristic entities from within GhostConvey.

General

Admin fee increase

Administration fees for rates clearance applications in Cape Town will be increasing from 1 July this year.

General

Subject to ties - II

Dudley Lee agrees with Thabo Nqhome that a certificate of title is a title to land, he disputes a number of other issues however.
 

General

Response to substitution

Thabo Nqhome agrees that the substitution allowed by RCR 18/2009 is legally indefensible and more specifically conflicts with section 20 of the Deeds Registries Act.

General

Restrictive conditions

John Christie of J Leslie Smith & Company guides correspondents as to the correct wording for headings of restrictive conditions of title i.t.o. the "old" and the "new" Sectional Title Acts.

General

Subject to ties - III

Thabo Nqhome does not agree that the words "….or in any other manner deal…" are "a little rider" and argues that they are a drag-net clause.

General

PE Club – June/August 2010

Mid-year activity from Port Elizabeth after an hiatus of some months.

General

Port Elizabeth Club: June – August 2011

More goings on at the PE GhostConvey Club for June to August this year.

General

Reversal of intent

Wiseman Bhuqa explores the reversal of the intentional vesting of property from one tier of government to another.

General

Amendment Bill 13 of 2010

The Deeds Registries Amendment Bill, No. 13 of 2010 was published recently. It provides for the enactment of a number of amendments to the Act.

General

Reversal – a reply

Thabo Nqhome highlights issues surrounding legality and the applications of sections 16 and 31 of the Deeds Registries Act in responding to Reversal of intent.

General

Reversionary rights

Allen West looks at the practice and procedures to be followed surrounding reversionary rights.

General

Yet another innovation

A new centralised matter list where you can view all your conveyancing matters as well as an enhanced management reports facility were recently released in GhostConvey v12.6.

General

Positive and Negative

Allen West highlights the need for conveyancers to distinguish between the creation of positive and negative personal servitudes.

General

Subject to ties – IV

Dudley Lee responds to Thabo Nqhome's arguments in Subject to Ties III with a simple argument.

General

Cancellation of restrictive conditions

The doctrine whereby purchasers of erven from a common vendor may enforce inter se restrictive conditions and attendant conveyancing issues are discussed by Allen West.

General

Subject to ties - V

Thabo Nqhome responds to Dudley Lee's simple 4-point argument, certificate of title and the meaning of "dealing with".

General

Redistribution agreements - legality

When is it lawful to enter into a redistribution agreement asks Allen West?

General

Redistribution answer

Allen West replies to a query by Donald Moore regarding redistribution agreements following Redistribution Agreements last week.

General

Patrimonial consequences

Wiseman Bhuqa and Allen West provide more clarity on the patrimonial and matrimonial consequences of marriages in terms of the Black Administration Act 38 of 1927.

General

Subject to ties - VI

Dudley Lee's agrees with Thabo Nqhome's points in Subject to ties V with a resounding "My point exactly!"

General

PE Club – Sept/Dec 2010

Into the home stretch for the Port Elizabeth GhostConvey club for the year.

General

Impact of CPA - 1

Roelie Rossouw investigates the impact of the Consumer Protection Act No. 68 of 2008 on sales of immovable property and draws our attention to the relevant provisions.

General

What may serve

Allen West looks what criteria corporeal and incorporeal movable property need to meet before it may serve as security under a notarial bond.
 

General

Before and after

Allen West discusses with reference to Registrars Circulars and case law the amendment of antenuptial contracts before and after the conclusion of a marriage.

General

The Reform

The coming in to operation of the Reform of the Customary Law of Succession Act and its relevance to the Deeds Office is examined by Allen West.

General

New s118 form

With effect from 3 December, a new application form for a Section 118 certificate is to be used in Cape Town.

General

Paragraph 51 A

Allan White of Smith Tabata considers the consequences of Paragraph 51A of the Taxation Laws Amendment Act in widening the array of distributions from multi-tiered structures.

General

Plotting servitudes

Allen West explains with practical examples, the plotting and qualification of servitudes and conditions when land is subdivided.

General

A respectable recovery

Johan Loos of FNB writes that 2015 is pretty good thinking for a respectable recovery in the property market.

General

Impact of CPA - 2

Roelie Rossouw concludes his investigation of the impact of the Consumer Protection Act No. 68 of 2008 on sales of immovable property by drawing our attention to the relevant provisions.

General

2011 Conveyancing seminars

Allen West is to present seminars around the country on new developments in conveyancing for 2011.

General

Critical overview

A critical overview by Dudley Lee of the 2009 Registrars Conference resolutions.

General

Foreign marriages and deeds

Dudley Lee looks at deceased estates of persons whose marriage is governed by foreign law and the registration of deeds.
 

General

Foreign marriages – a response

Thabo Nqhome suggests that RCR 5/2004 be replaced by a resolution with the words: "Subject to section (4) (1) (a), the documents to be produced are listed in Regulation 49 (1)."

General

The year that was 2010

As the year winds down, we cast our eye over a number of the big conveyancing stories which we covered in 2010.

2009
General

Notarial note

Roland Darroll notes a correction to the article Notarial Bonds.

General

Customary marriages and estates

Wiseman Bhuqa discusses customary marriages and deceased estates of the indigenous black people of South Africa vis-a-vis Deeds Office practice and procedures.

General

Elephant trap

David Clegg considers a potential Capital Gains Tax implications for organizations which change their minds about land use.

General

Notarial note - II

Allen West responds to last week's Notarial note.

General

2009 Seminar

Allen West is to present seminars around the country on new developments in conveyancing for 2009.

General

Demystified

Salim Patel (Chairman of the Western Cape Rental Housing Tribunal) demystifies the Tribunal.

General

Some thoughts

George Tsotetsi reviews some of the resolutions taken at the 2007 Registrars' Conference.

General

Judgments wanted

A reader has searched in vain for three unreported judgments.

General

Viability of land rights

Tracey Moss looks at viability of the Communal Land Rights Act in tribal areas.

General

Absconding bondholder

Charles Pearson asks for advice on cancelling a bond when the bondholder has disappeared.

General

Do both need to sign?

Do a husband and a wife both need to sign when purchasing immovable property asks Roelie Rossouw?

General

Contracts and the NCA

Allen West asks, "Is a 'contract' as defined in the Alienation of Land Act deemed to be a credit agreement for purposes of the NCA?"

General

EUAs and s 45

Why an EUA Is an incorporeal immovable thing - A G Farndell explains.

General

JHB Convey Club – March 2009

Johannesburg doings and suchlike.

General

Contracts and NCA replies

Anna-Marie van Rooyen and Ken Mustard reply to Contracts and the NCA.

General

Cape Town Registrar's Notice 1 of 2009

Cape Registrar's Notice No 1 of 2009 - notes on the 2009 Registrar's Conference Resolutions.

General

Most common causes

A list of the most common causes for deeds being rejected by the Deeds Office.

General

Launch

Korbitec invites you to the launch of an exciting range of new products and features.

General

EUAs and s 45 – a reply

Thabo Nqhome replies to A G Farndell's discussion of EUAs and s 45.

General

Fees to increase

Deeds Office fees are to increase from 28 March 2009.

General

Sole interest

Allen West looks at the disposal of immovable property belonging to a sole member of a Close Corporation.

General

Court renaming

The Renaming of High Courts Act (No. 30 of 2008) came into effect on 1st of March.

General

SANRAL Memorandum

South African National Roads Agency v Chief Registrar of Deeds and Others - memorandum from the Chief Registrar of Deeds.

General

Sole interest - responses

Pieter Pretorius and Ken Mustard have responded to Allen West's Sole interest article.

General

FNB barometer – Feb 09

The FNB Residential Property Barometer which is a quarterly survey of a sample of estate agents in the country's major urban regions has been published.

General

Spousal consent

When it is necessary and when not, Diane Canterbury looks at the requirement.

General

Jhb Convey Club - April 2009

Johannesburg Convey Club doings and other activities for Convey Club members.

General

Exam preparation

Workshops are to be held in Cape Town, Pretoria and Durban to prepare candidates for the conveyancing exam in May.

General

Registering agricultural land

Mandi Hamman asks why the Minister of Agriculture's consent is necessary to transfer agricultural land to a partnership, yet not to a variety of other legal entities?

General

Registering Agricultural land - II

Thabo Nqhome writes that the Deeds Registries Act does not amend the substantive law on the vesting of ownership of partnership property.

General

Registering agricultural land - III

Sara Scheiner on anomalies within the Subdivision of Agricultural Land Act regarding partnerships, companies, CC's and couples married in community of property.

General

Transfer duty, companies and CCs

Corné Bekker considers the assessment of transfer duty with regards to companies and close corporations.

General

Directives

Directives 1 to 4 of the Chief Master giving guidelines to ensure a uniform approach by Masters in respect of various matters.

General

Deneys Reitz Conveyancing seminar

The Johannesburg Attorneys Association - Property Law Sub-committee invites you to a conveyancing seminar at Deneys Reitz.

General

Fact or fiction?

In the light of a recent case Allen West asks whether security of title is a fact or a fiction.

General

Wanted

L.E.A.D (LSSA) urgently requires experienced attorneys to present / instruct the Practice Management Course on training attorneys "to run a legal business efficiently".

General

JHB Club – May 09

Johannesburg activities.

General

Fact or fiction? - II

Thabo Nqhome writes that nothing in Prophitius impacts negatively on the notion that South Africa has one of the best land registration systems in the world.

General

Redistribution and massing

Wiseman Bhuqa discusses the transfer duty implications of section 45(1) of the Deeds Registries Act on redistribution and massing.

General

Redistribution and massing - reply

Thabo Nqhome does not agree with the views expressed by Wiseman Bhuqa in Redistribution and massing..

General

Court application

The JAA Property Law Sub Committee wants submissions regarding an application to enforce PAJA against the Registrar of Deeds.

General

Validity of inter vivos trusts

Thabo Nqhome considers the validity of inter vivos trusts in South Africa with regards to retroactive ratification..

General

The Land restitution process - 1

Blessing Mphela (Acting Chief Land Claims Commissioner) addresses the perception that land reform in South Africa is failing.

General

The Land restitution process - 2

Blessing Mphela (Acting Chief Land Claims Commissioner) concludes in addressing the perception that land reform in South Africa is failing.

General

Undertakings

Hesma Strydom recommends a number of preventative steps to guard against claims arising when undertakings are given to bridging finance companies.

General

Common Law massing

Wiseman Bhuqa looks at common law massing and joining of surviving spouse with executor in terms of section 21 of the Deeds Registries Act 47 of 1937.

General

Clearance

The City of Tshwane can fully comply with CRC 2/2006 when it comes into operation on 2 July, therefore practitioners are advised to withdraw deeds and re-lodge with the required clearances.

General

Jhb Convey Club – July 2009

Johannesburg activities for the month of July 2009.

General

Supporting affidavit

D Mngcolwani discusses supporting affidavits to prove that the surviving spouse was married to the deceased in community of property.

General

Examiners be aware

Allen West draws the attention of examiners to their onerous duties with regard to the checking of interdicts.

General

Partly open book

Partly open-book conveyancing examinations a reality from 2010.

General

To tie or consolidate?

The Subdivision of Agricultural Land Act, Act 70 of 1970 - to tie or to consolidate - is there a difference, asks L J Vosloo?

General

Company owned homes

The Taxation Laws Amendment Bill has provided shareholders with a second chance to transfer a company owned home without having to pay transfer duty or STC.

General

Taxation Laws Amendment

Wiseman Bhuqa follows up on an earlier article on Redistribution and Massing for those wanting more clarity on the issue.

General

Computation

Sydney Mekwe considers the computation of the period for registration in the deeds office of transaction to which a time period is attached.

General

Jhb GhostConvey Club – August 09

Johannesburg activities.

General

Taxation Laws Amendment – reply

Thabo Nqhome submits that a labelling of massing as common law massing cannot exclude the application of section 37 of the Administration of Estates Act.

General

Deeds Registries Amendment -09

The Department of Development and Land Reform recently published the Deeds Registries Amendment Bill in Government Gazette 3249 (Notice 1108).

General

Port Elizabeth Club – September - November 2009 Edition

Port Elizabeth doings for September -> November this year.

General

Turf battle

Battle for the turf - Wiseman Bhuqa explores the legal position between executors and fideicommissary heirs vis-a-vis lease contracts.

General

Mortgage fraud Seminar

Korbitec Executive Consulting Division will be presenting a full day seminar on mortgage fraud in October.

General

Street closures

Allen West looks at the issue of street closures in Gauteng and the implementation of Section 67 of Local Government Ordinance 17.

General

Company owned homes II

Roger Green of Cox Yeats comments on the amended Taxation Laws Amendment Bill which was published by SARS on the 1st September.

General

Eviction and rental claims

Christo Smith, author of Eviction and Rental Claims: A practical guide will be presenting a series of seminars around the county in October and November.

General

Red flag

A list of red flag areas in conveyancing practice compiled in the Attorneys Fidelity Fund Risk Alert Bulletin.

General

Fraud report

The FBI's 2008 Mortgage Fraud Report gives a useful insight into the breadth and depth of mortgage fraud crimes committed in the USA.

General

Qualification of conditions - 1

Allen West looks at the qualification of personal servitudes in deeds of transfer and certificates of title of land in the former Transvaal.

General

All 'hunkydory'

Is all 'hunkydory' for the holder of a mortgage bond securing a major asset of a company without a s 228 resolution? asks Miranda Feinstein.

General

Qualification of conditions - 2

Allen West looks at the qualification of praedial servitudes in deeds of transfer and certificates of title of land in the former Transvaal.

General

JHB Convey Club – October 2009

More Johannesburg doings for the month of October 2009.

General

Fraud report back

In what is regarded as a first for South Africa, the banking and legal fraternity met to share knowledge about fraud in the mortgage lending industry.

General

Qualification of conditions - 3

Allen West looks at the qualification of conditions in the Cape Town deeds registry.

General

1000 Percent

That has been the increase in conveyancing fraud in South Africa since 2003, according to legal experts at a recent mortgage fraud seminar.

General

Qualification of conditions - 4

Allen West concludes his discussion of the qualification of conditions by looking at the rest of the Deeds Registries.

General

Customary marriages - Gumede

N Ntlokwana discusses customary marriages and the law with reference to Gumede (born Shange) v President of the Republic of South Africa and Others (CCT 50/08 [2008] ZACC 23.

General

Mediation skills

The LSSA is to hold a four day workshop on mediation skills for attorneys and candidate attorneys.

General

Skills transfer – a priority

The LSSA needs you as a mentor to help some 150 attorneys in strengthening their practices.

General

Interest rates update

With little further interest rate stimulus likely, and a high household debt ratio, how much property recovery can we still expect? Asks John Loos.

General

Certificate note

A note on Electrical Compliance Certificates and changes of ownership.

General

More on undertakings

Risk Alert Bulletin - Examples of bridging finance documents which should not be signed by attorneys.

General

Appointment of an administrator

Allen West sheds some light on confusion regarding the appointment of administrators vis-à-vis curators.

General

Comment on certificates

Sieg Heiriss clarifies an aspect of Electrical Compliance Certificates raised in an article last week.

General

Jhb Convey Club – Nov 09

More Johannesburg doings.

General

Appointment of an administrator - response

Thabo Nqhome responds to Allen West in his discussion of the appointment of an administrator vis-à-vis a curator.

General

Discretion of registrars

The LSSA Property Law Committee supports the discretion of registrars and their comments on the Sectional Titles Bill.

General

2010 Conveyancing seminars

Allen West is to present seminars around the country on new developments in conveyancing for 2010.

General

Moratorium transfers

A brief warning from Donald Moore to conveyancers dealing with CGT moratorium transfers and the necessity of a special resolution.

General

Information brochures

LSSA flyers on "Buying or Selling a House" and "Deceased Estates" are available to attorneys for marketing purposes - in five languages.

General

Transfer duty memorandum

An update of last week's memorandum from SARS setting out the relevant documentation needed to be submitted to when applying for a section 9(20) exemption.

General

Two questions

Salomé van Wyk has two questions for readers. The first is on moratorium transfers, the second on Rule 63 of the High Court Rules.

General

Centre for Conveyancing Practice

The Centre for Conveyancing Practice offers a number of courses in conveyancing and notarial practice for attorneys, candidate attorneys, conveyancing secretaries and typists.
 

General

Rule 63 reply

Kevin Schaafsma replies to the query in Two Questions last week about the point of Rule 63 authentications.

General

Section 9(20) exemption

Antoinne van Deventer of SARS provides a detailed look at transactions in terms of s9(20) of the Transfer Duty Act - transfers from Companies or trusts.

General

Mineral rights holder

Sydney Mekwe looks at the dilemma faced by examiners with regard to mineral rights holders and the surface rights to the land.

General

Moratorium questions answered

Antoinné van Deventer of Sars answers a question posed by Donald Moore and others about the practical application of the Section 9(20) Exemption.

General

Rule 63 reply to question

Charles Pearson agrees with Kevin Schaafsma when considering the requirements of the provisions of Rule 63(1).

General

The year that was 2009

As the year winds down, we cast our eyes over a number of the big conveyancing stories which we covered in 2009.

2008
General

Borrowed time

Vic de Klerk reckons banks should rid themselves of bond originators.

General

Company names

Allen West dispels confusion regarding the translation and use of abbreviations in company names.

General

Ten predictions

Reinhardt Buys of Buys Inc. gives his ten predictions for 2008 regarding lawyers and the future of law firms.

General

What will 2008 hold?

Let us know your predictions about property, legal developments, prospects for conveyancing firms - opportunities and threats.

General

The notary

Allen West looks at the responsibility and functions of the notary.

General

Jhb Convey Club – February 2008

Johannesburg activities.

General

Delink

A proposal to delink VAT, transfer duty and stamp duty has confused some people.

General

De-registration of mineral rights

Sydney Mekwe gives an update on the de-registration of mineral rights.

General

Gautrain analysis

Lightstone has just completed an analysis on the impact of Gautrain on residential property prices in areas close to the new stations.

General

Consent on behalf of a minor

S K Heiriss considers the implication of Chief Registrar's Circular 1 of 2008 for the alienation of minor's property.

General

JHB Convey Club – March 2008

Johannesburg activity.

General

Conveyancing exam preparation

A workshop aimed at preparing the candidate for the Conveyancing Exam on 14 May 2008 is to be held in Cape Town and Durban in April.

General

Fideicommissums

W F H C Swanepoel looks at fideicommissums and our registration system.
 

General

Subdivision and consent

Allen West discusses the subdivision of agricultural land and consent in terms of Act 70 of 1970.

General

A conundrum

Donald Moore of Guthrie & Rushton Attorneys presents us with a conveyancing conundrum, concerning Section 45 bis of the Deeds Registries Act.
 

General

Deeds Registries Bill

The Deeds Registries Amendment Bill 2008 proposes certain amendments regarding certain obsolete expressions.

General

Trust deed changes

A recent tax court judgement has ruled that certain trust deed amendments may draw transfer duty.

General

Conundrum reply

Sara Scheiner and Mark Schäfer replied to last week's A conundrum, concerning Section 45 bis of the Deeds Registries Act.

General

Section 9(1)(i)

Exemption of transfer duty: Section 9(1)(i) of the Transfer Duty Act 40 of 1949, a query.

General

Massing and adiation

Allen West compares massing and adiation vis à vis massing and election.

General

Section 9(1)(i) replies

Sara Scheiner, Thabo Nqhome and others reply to Section 9(1)(i) Exemption of transfer duty: a query .

General

Sales from estates

Does the Master of the High Court need to consent to sales of immovable property from a "section 18(3) - estate"?

General

Waiver of legal exceptions

Allen West raises and seeks an answer to the following urgent question "Does an onus rest on the Registrar of Deeds to register a mortgage bond containing the regulation 32 legal exceptions?"

General

Sales – a response

Sales from estates has elicited a response from Patrick Barnard who agrees with Donald Moore.

General

Necessity of Deeds Registry

Professor Andreas van Wyk underlines the value of the Deeds Registry to South Africa's economic infrastructure.

General

s 228 of Companies Act

Allen West asks a question about the disposal of the whole of the undertaking of a company or the greater part of its assets.

General

s 228 of Companies Act - opinions I

Thabo Nqhome and Esther-Lana Housego respond to the question raised by Allen West about disposals and mortgage bonds.

General

s 228 of Companies Act - opinions II

Amorie le Roux is not convinced that Allen West's opinion on section 228 of the Companies Act is correct.

General

Artikel 228

Pieta Strauss focuses on the impact of section 228 of the Companies Act on registering a mortgage bond.

General

Customary Marriages Act - 1

Margaret Meyer delves into the implications of The Recognition of Customary Marriages Act, 120 of 1998.

General

Customary Marriages Act - 2

Margaret Meyer concludes her inquiry into the implications of The Recognition of Customary Marriages Act, 120 of 1998.

General

Exam guidelines

Allen West's valuable Guidelines to prepare for the conveyancing examination document.
 

General

Penalty clauses view

Gerhard Buchner, writing in De Rebus expresses another view regarding penalty clauses in home loan agreements.

General

Reassessing

FNB is reassessing bonds granted over a year ago, not withdrawing them.

General

Conditions contained

George Tsotetsi considers the implications of Van Rensburg regarding conditions contained in a title deed.

General

s 228 of Companies Act – opinions III

Roelie Rossouw considers the implications of section 228 of the Companies Act for the conveyancer.

General

Schedule of fees

A new Schedule of Fees of Office for the Deeds Registries will come into effect on 27 October.

General

The NHBRC and the conveyancer

Roelie Rossouw considers the import of the latest amendment to the Housing Consumers Protection Measures Act.

General

NHBRC responses

Salomé van Wyk and Dana Van Zyl have replied to last week's The NHBRC and the conveyancer.

General

Communal property associations

Wiseman Bhuqa gives an overview of communal property associations.

General

Non resident endorsements

Dave Rix of Venter Van Eeden has a question about Non resident endorsements.

General

Testinggraphs 1

This year's 

General

Non resident replies

Replies toDave Rix of Venter Van Eeden's question about Non resident endorsements.

General

NHBRC II

Salomé van Wyk highlights potentially costly and time consuming aspects of satisfying NHBRC requirements.

General

Non-resident endorsements II

Wiseman Bhuqa looks at recommendations made by the Panel of Experts on the Development of Policy Regarding Land Ownership of Foreigners in South Africa.

General

Query regarding trusts

John Christie has a query for the Cape Town Registrar regarding bewind trusts.

General

Comments - CT Registrar's Circular 5/2008

JKW Crowhurst makes a number of comments on Cape Town Registrar's Circular No. 5 of 2008.

General

Lapsing attachments

Allen West discusses the lapsing of attachment orders issued by the Magistrates Court.

General

Bewind trusts

Allen West responds to John Christie's Query regarding trusts and Cape Town Registrar's Circular 5/2008.

General

December Property Gauge

Standard Bank's Residential Property Gauge is up 13%, because of fewer lower-priced houses being sold and not because of a rise in prices.

General

Gumede – a note

Allen West has a note of warning for conveyancers following the Gumede decision.

General

Tax incentive

Barry Ger writes in De Rebus about a new tax incentive to be introduced to encourage the building of new residential property.

General

The year that was 2008

As the year winds down, we cast our eye over a number of the big conveyancing stories which we covered in 2008.

2007
General

Forfeiture of benefits - 1

Forfeiture of benefits is considered by Allen West.
 

General

Power of executor – a reply

Thabo Nqhome considers issues raised by Allen West about executors concluding sales prior to their appointments.

General

Endorsement of testamentary trusts

Thabo Nqhome considers the endorsement of testamentary trusts against title deeds.

General

Section 80

Allen West considers the alienation of immovable property in the ambit of section 80 of the Administration of Estates Act 66 of 1965.

General

JHB GhostConvey Club

Welcome to the first edition of the Johannesburg GhostConvey Club!

General

EL GhostConvey club February 07

The first Club page for the year 2007.

General

PE GhostConveyClub - February 2007

The first ConveyClub page for 2007.

General

A hole?

Donald Moore of Guthrie & Rushton raises a query about the proprietary consequences of the Civil Union Act when one party is domiciled overseas.

General

Section 80 Act 66/1965

Dudley Lee considers this thorn in the side of conveyancers and Registrars of Deeds when it comes to redistribution contracts.

General

Budget - 2007

Of note is that the transfer duty percentages and the thresholds at which transfer duty kicks in have not been changed.

General

Power of executor – reply 3

Thabo Nqhome responds to Dudley Lee's reply to a reply.

General

A hole? - Reply

More on the proprietary consequences of a marriage or civil union in terms of the Civil Union Act.

General

Power of executor - 4

Dudley Lee writes that his initial reply should not be seen as disturbing.

General

JHB Convey Club - March 07

The March 2007 ConveyClub newsletter.

General

PE Convey Club – March 07

The year seems to be going full steam ahead and work hotting up to it's usual pace for all of us.

General

Power of executor - 5

A reply to an issue raised in Power of executor - 4 .

General

SARS and delays

Have the amendments to the Transfer Duty Act resulted in delays of property transfers?

General

Responses to SARS

Your responses to last week's article SARS and delays proved interesting and are reproduced here.

General

More on SARS delays

Sara Scheiner believes that some revenue officers are acting ultra vires and/or unconstitutionally.

General

Ruling on digs

The Port Elizabeth High Court has ordered the demolition of an illegal guest house.

General

Jhb GhostConvey Club – April 07

News from the Johannesburg GhostConvey Club.

General

Meet the team

A whose who of the Johannesburg GhostConvey team.

General

Client banking relationship

Is FICA violating the client banking relationship, asks Stian Dreyer?

General

Foreign currency

Gert Hattingh discusses the treatment of foreign currency in the Deeds Registries.

General

Other languages

Edgar Morake wonders why deeds of transfer are registered in only English and Afrikaans.

General

Putting foot

The Pretoria Deeds Registrar recently put his foot down on malpractices.

General

Beneficiary's disposal

Roelie Rossouw believes that the transfer duty implications of the disposal of a beneficiary's interest in a trust are far from clear.

General

Stamp duty amendments

A memo from SARS explaining how the amended stamp duty provisions will be applied.

General

CPT Convey Club June 07

Cape Town doings.

General

Jhb Convey Club – June 07

News from the Johannesburg GhostConvey Club.

General

Rehabilitated insolvents

Allen West looks at rehabilitated insolvents and their capacity to deal with immovable property.
 

General

EL Convey Club – June 07

Changes to the Developments module and the usual doings in East London.

General

Durban Convey Club – June 07

News from the Durban GhostConvey Club.

General

PE Convey Club – June 07

News from the Port Elizabeth GhostConvey Club.

General

Transfer duty handbook

SARS's handbook about the application of transfer duty to immovable property.

General

CPT Convey Club July 07

Cape Town doings.

General

JHB Convey Club – July 07

More news from the Johannesburg Convey Club.

General

Sale of land

redtSummary

General

Intricacies

Allen West considers the intricacies involved with the application of section 4(1)(b) of the Deeds Registries act 47 of 1937.

General

Durban Convey Club – July 07

Happenings and news from the Durban GhostConvey Club.

General

Clarity on CRC 10/2007

The Chief Registrar recently issued a memorandum clarifying uncertainty and confusion about paragraph 4 of Circular No. 10 of 2007 - regarding the Children's Act, No 38 of 2005.

General

EL Convey Club - August 07

GhostConvey Club doings in East London.

General

CPT Convey Club August 07

More activity from the GhostConvey Club.

General

Durban Convey Club - August 07

Convey Club activity for Durban in August 2007.

General

Tax trap

From 1 September 2007, buyers of immovable property are required to withhold "advance taxes" (for CGT) where the seller is a non-resident.

General

Transfer duty issues - I

P S Franck looks at transfer duty when immovable property is acquired by a company, a close corporation or a trust.

General

JHB GhostConvey club August 07

More club happenings in Johannesburg.

General

Transfer duty issues - II

P S Franck illustrates the effect of the Revenue Laws Amendment Act on immovable property which is acquired by a company, a close corporation or a trust.

General

Clara - I

Wiseman Bhuqa ponders the effect of the Communal Land Rights Act (Clara) Act No.11 of 2004 on the deeds registration process.

General

Clara - II

Continuing from last week's Clara - I, Wiseman Bhuqa ponders the effect of the Communal Land Rights Act (Clara) Act No.11 of 2004 on the deeds registration process.

General

Land rights conference

Sydney Mekwe reports on the Conference on Communal Land Rights Act (Act 11 of 2004).

General

Municipal vs fair market value

The implications of SARS charging buyers transfer duty based on municipal valuations rather than the purchase price.

General

JHB GhostConvey Club – Sept 07

More Johannesburg jollings.

General

PE Convey Club Sept 07

PE peregrinations.

General

Interpretation

George Tsotetsi gives an interpretation of Section 101(4) of Ordinance 15 of 1986.

General

Interpretation II

In response to the original SA Deeds Journal article Interpretation, the Registrar of Deeds in Pretoria issued Registrars Circular 5 of 2007.

General

Lost bond

Allen West looks at the practice as laid down by the Pretoria Deeds Registry for the cancellation of the registration of a lost bond.

General

Section 35

A checklist and information from SARS about withholding a portion of the purchase price from non-resident sellers.

General

A rethink

Dudley Lee wants comment on affidavits required for purposes of section 4(1)(b) and regulation 68(1) of the Deeds Registries Act.

General

Stalwo v Wary

Is this an invitation to farmers to subdivide their farms into a thousand pieces, thereby rendering the Agricultural Land Act ineffective, asks Lizelle Kilbourn?

General

Tax residence rules

The introduction of Section 35 A of the Income Tax Act has now made tax residence rules relevant to conveyancers.

General

Jhb Convey Club – Nov 2007

Johannesburg activities.

General

Stalwo memorandum

Roelie Rossouw considers the wider implications of Stalwo v Wary.

General

Stalwo responses

Robert Krautkrämer, Corrie de Jager and Herman Botha respond to Roelie Rossouw's article on the wider implications of Stalwo v Wary.

General

Analysis of an ID number

Allen West deconstructs the numbers within an Identity Number.

General

HOA Consents

The preparation of a consent required for the performance of an act of registration with reference to the consent to pass transfer given by a home owners' association.

General

Stalwo - more

Johann Strauss and Ken Mustard respond to Roelie Rossouw's article on the wider implications of Stalwo v Wary.

General

Expropriation bill

The Department of Public Works has officially released a Draft Policy on the Expropriation Bill for public comment.

General

Civil Unions Act

Allen West looks at the applicability of the Civil Unions Act No. 17 of 2006 to conveyancing and notarial practice.

General

The year that was 2007

As the year winds down, here follows a summary of the GhostDigest's coverage of conveyancing news in 2007.

2006
General

Validity

Allen West discusses the validity of rates clearance certificates in the October 2005 SA Deeds Journal.

General

GhostConvey Linking

It is possible to link matters within GhostConvey without importing data.

General

Auditors reports

Circular 13 of the South African Institute of Chartered Accountants and certificates prepared by a company for conveyancing purposes.

General

Do not cancel

The SA Revenue Service has warned against cancelling property deals in order to cash in on the lower transfer duties that come into effect on March 1.

General

Prognostications

We asked some attorneys what they think about the future of conveyancing over the next five years.

General

Land buying blues

Roger Green calls for a review of the Transfer Duty Act, mainly because its provisions may cause delays which could adversely affect economic activity.

General

Tax and homeownership

Nowadays it is seldom advantageous (from a tax point of view) to register ownership of a private home in the name of a trust, close corporation or a company.

General

Authentication

Allen West considers the authentication of documents executed outside of South Africa for use inside South Africa.

General

Apology

GhostDigest apologises for insufficient acknowledgement of Peter Cheales' book I Was Your Customer.

General

Homeloans online to grow

The Internet continues to penetrate the massive R515bn homeloan market.

General

R5 mortgage question

Small question of R5 mortgage levy could total billions.

General

Praedial servitudes

Allen West looks at the creation of praedial servitudes in terms of section 76 of the Deeds Registries Act.

General

Contingency Clauses

A poorly worded or vague contingency clause in one's sales contract could end up costing lots.

General

Environment impact rules

New rules on environmental impact studies should cut red tape when regulations come into force in July.

General

Sound practice

Conversant with CRCs, Regulations, RCRs, RCs and Sections?

General

ABC of town planning - I

The first in a series of articles about town planning published in the May 2006 De Rebus.

General

Contracting with a trust

The recent unreported Supreme Court of Appeal case of Thorpe versus Trittenwein underlines the caution which must be exercised when contracting with a trust.

General

Owner of property?

The Deeds office records might not necessarily reflect the true owner of immovable property.

General

Dissolution of companies

Allen West looks at the problem of the dissolution of companies and bona vacantia assets.

General

Revenue vs. Capital

Gordon Stuart considers the distinction between trading stock and capital assets.

General

Amendment Bill

The Deeds Registries Amendment Bill 2006 has been tabled.

General

Your contributions wanted!

The GhostDigest has been publishing conveyancing and property news for just over three years and it is read by thousands of conveyancers.

General

Divorce agreements

Allen West writes on the amendment of divorce agreements and the application of section 14 of the Deeds Registries Act 47 of 1937.

General

Regulation 25

Marie Grovè draws attention to Regulation 25 of the Deeds Registries Act.

General

Property law guidelines

The Law Society of the Northern Provinces has produced a document Guidelines for conducting property law matters.

General

Subdivision/General Plan/Diagram

An example of the title deed endorsement necessary for a subdivision.

General

Qualification of servitudes

The qualification of servitudes and conditions on consolidation of properties must be done correctly from the outset.

General

Preparing for lodgement

Squire Smith & Laurie Inc give us the rundown.
 

General

Mortgage bond note

... to do with extending clauses.

General

Lengthy conditions

Allen West writes on section 62 of the Deeds Registries Act and its application to lengthy or complicated conditions.

General

Full ownership v leasehold

Frans van Hoogstraten considers the legal implications of full ownership as opposed to leasehold title to immovable property.

General

Change of name of trusts

No enabling legislation exists for the change of name of a trust, writes Allen West.

General

Noting a caveat

Gert Hattingh considers the noting of a caveat applicable to an unregistered land parcel in a deeds registry's records.

General

Change of name of trusts – a reply

Thabo Nqhome replies to a query in Change of name of trusts published last week.

General

Section 45(bis) applied

Dudley Lee looks at the application of Section 45bis of the Deeds Registries Act 47 of 1937 in the Deeds Registries.
 

General

Application of Section 4(1)(b)

Allen West feels that the provisions of section 4(1)(b) of the Deeds Registries Act, 47 of 1937 are being misused and abused.

General

Section 45(bis) applied - II

Thabo Nqhome considers aspects raised in Section 45(bis) applied which was published last week.
 

General

Sales in execution

P J Weideman considers sales in execution of property in deceased estates under section 30 of the Administration of Estates Act.

General

Section 4(1)(b) applied - II

Thabo Nqhome considers aspects raised in Application of section 4(1)(b) which was published last week.

General

Conference resolutions

Overview by George Tsotetsi of some of the resolutions taken at the 2005 Registrar's Conference.
 

General

Sales in execution - a reply

Thabo Nqhome comments on Sales in execution with reference to section 30 of the Administration of Estates Act.

General

Conference resolutions - II

Thabo Nqhome opines on two of the resolutions highlighted in last week's article on Conference resolutions.

General

Electrical certificates

Confusion has surrounded the issue of the need for an Electrical Certificate of Compliance (CoC), since a local magazine claimed that it was no longer necessary.

General

Divorced spouses

Divorced and surviving spouses will now be exempt from paying any transfer duty.

General

To certify or not to certify …

That is the question - who is to certify that a document is a true copy?

General

Bridging finance

What is bridging finance, and its place in the conveyancing transaction? John Knipe of C.O.D. enlightens us.

General

To certify or not to certify … II

Thabo Nqhome cannot fault Registrars Conference Resolutions 31 of 1988 and 21 of 2005.

General

Notarially executed servitudes

Allen West discusses bilateral or unilateral execution of notarially executed personal servitudes.

General

Unintended consequences

Roelie Rossouw writes that the National Credit Act creates the possibility for unscrupulous borrowers to take unfair advantage of unsophisticated lenders.

General

Section 57 note

Deeds Registries Regulation Board meeting and section 57 - a note from Allen West.

General

Resolution 44/2005

Further comments on Registrar's Conference Resolution 44 of 2005.

General

Fiduciary and usufruct interests

Gordon Stuart looks at fiduciary, usufructuary or other like interests in property.
 

General

Identification of servitudes

Allen West looks at the different methods of identifying servitudes.

General

Transfer duty exemptions

Clarity on the effective date and the scope of the application of the transfer duty exemption between divorced spouses.

General

GhostConvey Club - November

News for East London GhostConvey Club members.

General

Lapsing of servitudes by merger

Lapsed praedial servitudes by merger can be difficult to identify.

General

Transfer duty exemptions - II

Thabo Nqhome considers the meaning of "when acquired" in the Transfer Duty Act.

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Northern suburbs

Photographs from the Northern Suburbs Secretaries Luncheon.

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Overberg

Photographs from the Overberg Secretaries Dinner.

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RCR 21 of 2004

George Tsotetsi comments on Registrar's Conference Resolution 21 of 2004 (lodging of divorce orders).

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Regulation 68 comments

The application of Regulation 68 of the Deeds Registries Act is commented on by Marie Grovè.
 

General

Regulation 68 comments response

A response to Marie Grovè's article, Regulation 68 (of the Deeds Registries Act).

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Partnership acquiring land

Implications of a partnership acquiring land in terms of The Subdivision of Agricultural Land Act 70 of 1970.

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Testamentary conditions

Allen West considers problems which arise with testamentary conditions and redistribution agreements.

General

Cape Town GhostConvey Club - December 2006

Welcome to the first edition of the Cape Town GhostConvey Users Club.

General

Power of executor

Allen West discusses the power of an executor to act prior to appointment.

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The year that was 2006

As the year winds down, here follows a summary of the GhostDigest's coverage of conveyancing news in 2006.

2005
General

Attorneys views for 2005

GhostDigest recently asked a number of conveyancing attorneys for their views on the year ahead.

General

Prime less 2%

Houses cost a lot, therefore it makes sense to get the best available rate on ones home loan.

General

Flat rate of stamp duty

The recently implemented flat rate of stamp duty is making waves because it effectively doubles the duty paid on property leases of five years or less.

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Occupation/Possession?

Lizelle Kilbourn queries the distinction between occupation/possession and the formal transfer of ownership.

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Minerals and prospects

Antoinette Reynolds assesses the implications of the Mineral and Petroleum Resources Development Act, and the Mining Titles Registration Amendment.

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Agricultural land

In the SA Deeds Journal Allen West looks at the confusion caused by sections 3 and 6A of the Sub-Division of Agricultural Land Act.
 

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Be CGT prepared

This financial year will be the year in which many property sellers will encounter CGT for the first time.

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Rates Act and leases

The new Rates Act of 2004 could result in a double loss for landlords.

General

Regulation 41(1)

Allen West looks at Regulation 41(1) of the Deeds Registries Act 47 of 1937 in the October SA Deeds Journal.

General

Burden on conveyancers

In De Rebus this month, Barry Ger considers the proposed s35A amendment to the Income Tax Act.

General

Tax and cancellations

You may be liable for transfer duty if you are paid a cancellation fee writes Deborah Tickle in Personal Finance.

General

Avoid conveyancing pitfalls

It might appear trite, but a well constructed and informative Deed of Sale is vital for a smooth property transfer.

General

A reply to Tax and cancellations

ED Grobbelaar replies to the article Tax and cancellations which appeared in the GhostDigest last month.

General

New transfer duty forms

Seven new transfer duty forms became available on the SARS website on 31 March.

General

Nedbank legal alert

Nedbank Group Legal recently released a "Legal Alert" that should be of use to attorney liaison officers, panel attorneys and Third Party Conveyancing Software vendors.

General

SARS and conveyancers

Every sale of property is subject to an investigation on all taxes, not just transfer duty or VAT.

General

Vat and transfer duty

Reshika Maharaj addresses some perplexing tax issues in property transactions in the April De Rebus.

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Land registration changes

In Land Registration in South Africa (De Rebus [May edition]), Allen West looks at the proposed revision of the Deeds Registries Act and other relevant legislation.

General

TD form queries

Recently, Roger Green - the Chairperson of the Conveyancing Committee of the Law Society of South Africa - asked SARS a number of questions concerning the new transfer duty forms.

General

TD form presentation

Lizelle Kilbourn of the Cape Town-based Igqwetha Training Academy (ITA), recently gave a PowerPoint presentation to conveyancing secretaries and paralegals on the new transfer duty forms. It is reproduced here.

General

Registrars' conference

A brief discussion by George Tsotetsi of the Communal Land Rights Act and of a few of the Registrar's Conference resolutions.

General

Cancellation of Stamp duty

Allen West looks at the cancellation of stamp duty and the duties of public officers in the March 2005 SA Deeds Journal.

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Deeds Registries Act amendments

Allen West discusses the effect of the amended regulations which came into effect on 25 October 2004.

General

Clarity and legibility

Marie Grové has concerns about amendments to deeds and documents as well as the legibility of handwriting in them.

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Deeds registry in Durban?

Garrick Laudin asks whether it is not time to have a title deeds registry in Durban.

General

Transfer duty and discretionary trusts

A recent media release about the settlement of tax disputes involving trusts owning residential property.

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Section 40 endorsement

P J Weideman submits that an endorsement in terms of section 40 of the Administration of Estates Act should not constitute a transfer of ownership.

General

Covert sales and donations

Wiseman Bhuga discusses covert sales and donations in re-distribution agreements in the March SA Deeds Journal.

General

Deeds delivery

Andy McPherson, managing partner of strb Smith Tabata Buchanan Boyes, comments on the current state of the Deeds Office.

General

Smarter property law

The first draft of a new provincial land law that will radically simplify the process of approving property developments in the Western Cape is expected to be revealed this week.

General

Permission to occupy

May a Permission to Occupy serve as security under a notarial mortgage bond, asks Henry Lourens?

General

Who is buying our land?

Michael Aliber considers the value of the Deeds Registry wanting to track the race and nationality of land purchasers.

General

Deeds Examination

A look by Tania Shawe at the Promotion of Administrative Justice Act, 2000 and its impact on the examination of deeds.

General

Servitude cancellation

Allen West looks at the transfer duty implications attendant to the cancellation of personal and praedial servitudes.

General

Threats and opportunities

What threats and opportunities face the conveyancing profession, and what do you think - let us know.

General

Draft Revenue Laws

The Draft Revenue Laws Amendment Bill 2005 and its explanatory memorandum are now online.

General

Apartheid law repealed

Restrictions on title deeds must be removed after the repeal of the Black Administration Act.

General

Intestate succession

Allen West examines the intestate succession of black persons in the light of the Bhe decision.

General

Excluding community of property

Allen West looks at the registerability and effect of a condition excluding community of property.

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Extending clauses

Marie Grové discusses the use of extending clauses in conventional deeds.

General

A SARS hold up?

The current issue of Integritax asks, "Will SARS hold up property transfers until the tax affairs of seller and purchaser are in order?"

General

Signing suretyships

Be aware of the implications if asked to provide surety for a mortgage loan on behalf of a relative or a friend and consult your attorney if in doubt.

General

Onus on creditors

The recent case of Davids and Another v ABSA Bank Ltd, places a greater duty on the person who represents a creditor when a suretyship is concluded.

General

Who is responsible?

"Who ultimately carries the responsibility for the correctness of facts in deeds and documents?" asks Allen West.

General

GhostConvey end of year party

Photos from the recent GhostConvey end of year party held recently.

General

Top 10 stories of 2005

The 250 or so stories of 2005 reflect a dynamic, vibrant conveyancing profession.

2004
General

Misinterpreting transfer duty

A report in Business Report draws one's attention to the fact that Sars is misinterpreting section 16 of the Transfer Duty Act in respect of nominee transactions.

General

Bond Originator: Friend or foe?

Reproduced with permission from the Tli Daily Newsletter of TLi Attorneys, this article discusses bond originators who require clients to sign a "Sole Mandate".

General

Branding

In Branding and other useless activities in Modern Practice, David Maizenberg takes a decidedly contrarian view on legal marketing.

General

Property predictions

What is in store for property in 2004? Property24 makes its predictions as does Erwin Rode.

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Un-named nominees

In No future for nominees with no names? in the January/February 2004 De Rebus, Barry Ger analyses the implications of the September 2003 SARS notice on section 16 of the Transfer Duty Act.

General

Changing deals

It is illegal to try to change property sale dates to take advantage of the reduction in transfer duty.

General

Passing of risk

A disaster that strikes when a homebuyer has taken occupation of a property ahead of the registration of transfer could turn into a nightmare for both seller and buyer.

General

What is a fideicommissum?

M Deetlefs answers this question and highlights its relevance to conveyancers in last year's August Deeds Registration Law Newsletter.
 

General

Cooling off period

Christine Speirs looks at Section 29A of the Alienation of Land Act in last year's August Deeds Registration Law Newsletter.
 

General

CRC No 6 of 2004

The Chief Registrar's Circular, No 6 of 2004 (5 March) deals with the vesting of assets to be registered in favour of a trust.
 

General

Occupation arrangements

Disputes over occupation arrangements can take the glitter out of a housewarming.

General

Misconceptions about conveyancers

It is about time the public was educated as to what conveyancers actually do.

General

Rates questions

The implementation of the new property tax legislation should not be taken lightly by homebuyers.

General

Section 29 of Fica

Marelise van der Weshuizen delves into Interpreting s 29 and the obligation to report in this month's (April 2004) De Rebus.

General

Fica - 'suspicion'

The second part of the series by Marelise van der Westhuizen in the May De Rebus in which she deals further with the obligation to report in terms of s 29 of Fica.

General

KZN Planning and Development Act

Christine Spiers discusses the KwaZulu-Natal Planning and Development Act No 5 of 1998.

General

Marriage certificate or not?

E Hitge looks at marriage certificates in terms of Section 45 of the Deeds Registries Act in last year's August Deeds Registration Law Newsletter.

General

Short term gain

How does one get rid of an employee who does not meet the employer's expectations?

General

Fica deadline

Banks are struggling to conform with new regulations that they identify and verify the approximate 18 million banking clients by June 30.

General

Notarial bonds

Notes on the Security by Means of Movable Property Act, 57 of 1993 and the Convention on the International Recognition of Rights to Aircraft Act, 59 of 1993.

General

Fica reprieve

The Financial Intelligence Centre has given banks until the end of the week to apply for an extension to the June 30 deadline for verifying the identity of clients

General

What is transactional billing?

GhostWare's recent launch of a transactional billing option merits some discussion.

General

De Rebus letter

Louis de Villiers, writing in the June De Rebus, wants an "across the board" conveyancing tariff.

General

Fica - attorney client privilege

In Attorneys, privilege and confidentiality in the June 2004 De Rebus, Marelise van der Westhuizen examines whether Fica obligations can be limited by the attorney client relationship.

General

Conveyancing tariff debate

Last week's article on Louis de Villiers' call for the profession to reconsider the conveyancing tariff again has had a lively response.

General

Deaths and mortgages

On most occasions, the first casualty of death, illness, retrenchment or unemployment for any South African is the individual's mortgage repayments.

General

Revive dead capital

The secondary market in housing barely exists in the former black townships. This has massive implications for SA's economic and social development.

General

The Immigration Act

Allen West considers its effect on deeds registry practice in this year's January Deeds Registration Law Newsletter.

General

Conveyancing course

Legal Education and Development [L.E.A.D] is offering a secretarial training course for conveyancing assistants.
 

General

Power of Attorney

Allen West discusses Power of attorney to appear before a notary in last year's August Deeds Registration Law Newsletter.

General

Two years to transfer

It took Dudu Mgaga two long years to have the Soweto house she had been renting finally registered in her name.

General

Fica update

Banks may be off the hook regarding the Financial Intelligence Centre Act (Fica), but other accountable institutions such as attorneys and estate agents still have less than a week to comply.

General

Frustrated

A reader writes regarding his property transfer: "... a friend told me that it is the same experience as going through a divorce."

General

Time to transfer

Should it take four weeks or four months to register a "typical" transfer? Lizelle Kilbourn wrote a thesis to answer this question.

General

Check the mortgage clause

The mortgage clause in some Offers to Purchase or Agreement of Sale documents can be confusing.

General

Fica rules of thumb

In Some rules of thumb, in the July 2004 De Rebus, Marelise van der Westhuizen considers general guidelines on the issue of privilege and confidentiality.

General

Check that information

Much time and frustration can be saved if the information on a deed of sale is correct.

General

Customary marriages - Endorsements

Concerning the application of the amendment to section 17(4) of the Deeds Registries Act to customary marriages, by Allen West.

General

A note on Vat

Buyers are sometimes unclear as to whether the seller is registered for Vat or not.

General

Subdivision of exclusive use areas

Dudley Lee comments in the SA Deeds Journal on the proposed amendment of the Sectional Titles Act to accommodate the subdivision of exclusive use areas.

General

Landlord and tenant

The tacit hypothec - what? Tenant And Landlord In South Africa has the answer.

General

Sea view fight

Two aggrieved homeowners have gone to court to stop the developers of luxury beachfront apartments from blocking their panoramic sea views.

General

Testate or intestate?

How does one prove that an estate should devolve intestate or testate if a death notice is silent in this regard? asks Tanya Shaw in the SA Deeds Journal.

General

Crooked property developers

All is not lost for ripped off homeowners, according to the National Home Builders Registration Council (NHBRC) - but they will have a tough time.

General

Opinions on Fica

Two letters to De Rebus this month (September) emphasise the need for attorneys to implement Fica properly.

General

A query

A query was received as to who pockets the interest on levies collected in advance.

General

Effect of sequestration

A look at the effect of sequestration on the estate of the solvent spouse where parties are married out of community of property.

General

External shocks

In the miasma of opinion about property prices, this article by John Loos, a senior economist at Absa, makes insightful reading.

General

Body corporates, their managing agents and fees

In this hard hitting article Stian Dreyer regards the fees being asked by body corporates for the issuing of levy certificates as being excessive, an abuse of process, and even illegal.

General

What is syndication?

A short explanation as to what syndication is.

General

Boom rewards state

The property boom since 2000 has been a huge money spinner for the government with revenue from transfer duties totalling about R600 million a month.

General

Deeds Office fees amendment

A new Schedule of Fees of Office as prescribed by regulations 84 and 86 of the Deeds Registries Act was published in the Government Gazette on 1 October.

General

Dubious attorney links

KwaZulu-Natal Lawyers and their solicitation of business from estate agents.

General

Squatters celebrate victory

The Constitutional Court has dismissed an application by the Port Elizabeth municipality, which sought to evict 68 people from living in shacks on privately owned land.

General

Regeneration

With the launch of the Urban Renewal Tax Incentive, attorneys will have to adapt to how they work and with whom.

General

Opt out clauses

When buying check that your new residential development has been approved by the local authorities before signing the sales agreement.

General

Immovable property and divorce - 1

Part one of the subsequent registration procedures to be followed for immovable property after a divorce. By Magda Deeltefs in the SA Deeds Journal.
 

General

Immovable property and divorce - 2

Part two of the subsequent registration procedures to be followed for immovable property after a divorce. By Magda Deeltefs in the SA Deeds Journal.
 

General

Stare decisis

In The rule stare decisis and deeds office practice, in the July 2004 SA Deeds Journal, Dudley Lee explains how this rule applies to the deeds office.

General

Jhb Deeds Office delays

A letter from the acting registrar of deeds to Sophia de Klerk, the chairperson of the Property Law Sub Committee of the Johannesburg Attorneys Association (JAA).

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Estate agent survey

An interesting survey has revealed that South Africa's estate agency industry is not being overrun by inexperienced "newbies".

General

The top ten of 2004

In a year in which over 300 articles were written, it was surprisingly easy to choose the top ten GhostDigest articles of 2004.

General

To initial or to certify?

In the October 2004 SA Deeds Journal, Allen West discusses amendments to powers of attorney and transfer duty receipts.

2003
General

Money Laundering

Gangsters, racketeers, shady characters and drug lords will find it increasingly difficult to engage in money laundering as the provisions of the Financial Intelligence Centre Act (FICA) 38 of 2001 come into operation this year.
 

General

Buying of Work

Guidance to members of the Law Society of the Cape of Good Hope regarding unprofessional conduct or misconduct in terms of rule 14(4).

General

The Legal Practice Bill and Conveyancers

A discussion of submissions made by the Property Law Committee of the Law Society of South Africa that specifically concern conveyancers.

General

What is Title Insurance?

Giving an overview of title insurance, this article looks at the types of policies that can be taken out in the United States.

General

Transfer Duty Act - ouch

The South African Revenue Services (SARS) has, with the Revenue Laws Amendment Act, No. 74 of 2002, tightened a popular loophole. Owners are no longer allowed to put residential properties into trusts, companies and close corporations, thereby avoiding paying transfer duty on the value of the property.

General

SA pays through the nose for property

In an old (July 2001) but thought provoking article from the Financial Mail, republished in Banking News, the author maintains that additional costs to property transactions in South Africa are among the highest in the world.

General

Financial Inducements

Roger Green asks an apparently simple question, "Should a conveyancer provide a financial inducement to an intermediary in order to get work?" He reckons that the answer to this question should concern every conveyancing attorney, mortgage originator, estate agent and bank.

General

More on the Legal Practice Bill

The effects of the Legal Practice Bill on South Africa's 14 000 attorneys are discussed in a survey comprising three articles which appeared in the Business Times on 23 March. Threats to the attorney's traditional sources of income, multi-disciplinary practices and the proposals for a single governing body for the legal profession are covered.

General

Conveyancing is legal work

The author of a letter headed Transportbesorging is regswerk, in the Letters, Opinion section of the July 2001 edition of De Rebus, maintains that conveyancing is legal work and that it should only be performed by lawyers who are schooled in the law.

General

Strategic alliances

The trend towards law firms strategically aligning themselves with property franchises is steadily increasing and a large number of Aida National Franchises, franchises are being purchased by attorneys.

General

The nomination of a conveyancer in KwaZulu-Natal

In the Letters, Opinion section of the May 2003 edition of De Rebus, Roger Green looks at the seller's right to nominate the conveyancer in the light of the abrogation through disuse where the purchaser had that right.

General

How long to an e-conveyancing reality?

Dream or reality within 4 years? What do you think, vote in the survey on our home page.

General

Customary marriages

Allen West discusses registrations involving customary marriages in the light of the Recognition of Customary Marriages Act 120 of 1998. The series of three articles appeared in De Rebus from October to December 2002.

General

Registration of bonds by Companies or CCs

What steps should the reasonable attorney, acting diligently and with the necessary care expected of him, take when registering bonds for Companies or Close Corporations in favour of financial institutions?

General

Notes on the Financial Intelligence Centre Act

Derryn Pearson of Cliffe Dekker Inc. looks at the implications of this act and the obligations it imposes on attorneys. She also touches on its applicability to conveyancing attorneys and the issue of attorney client confidentiality.

General

Transfer duty test case

Mike Nolan, in a letter in the July De Rebus, argues for a test case to challenge the SA Revenue Service (SARS) over the sale of a beneficial interest in a property owning trust.

General

The position of personal servitude holders in forced sales

Allen West, writing in the July 2003 De Rebus endeavours to set the record straight with regard to sales in insolvency and sales in execution, where the holder of a personal servitude has waived preference of his right in favour of a bond which was registered subsequent to the personal servitude.

General

Risk Alert Bulletin - 1

This is the first instalment in a series of articles on Risky Areas in Conveyancing Practice, taken from the February Risk Alert Bulletin and re-published with their permission.

General

Risk Alert Bulletin - 2

This is the second instalment in our series of articles on Risky Areas in Conveyancing Practice, taken from the Risk Alert Bulletin and published with the permission of the Attorneys Insurance Indemnity Fund.

General

Risk Alert Bulletin - 3

This is the last instalment in our series of articles on Risky Areas in Conveyancing Practice, taken from the May Risk Alert Bulletin and re-published with their permission.

General

Community of property and registrability

Allen West focuses on the lawfulness and effects of testamentary conditions, excluding community of property, on property which is bequeathed or donated, in Registrability and effect of excluding community of property in the August 2003 of De Rebus.

General

Bona vacantia assets of companies

How does a conveyancer deal with assets that are still registered in the name of a company which has been liquidated and its affairs fully wound up in terms of s 419 of the Companies Act 61 of 1973?

General

Plakaat of 1529

The 1529 Plakaat inzake verkopen of vervreemden van huizen, erven, land, enz of Emperor Charles V forms the basis of our system of land registration and is therefore worth reproducing here.

General

Redlining bill

The Department of Housing is to hold the Community Reinvestment (Housing) Bill, 2002, "in abeyance" until the financial services charter is complete.

General

Transfer duty or Vat?

In Is a Sale of Property Subject to Transfer Duty or Vat? by Fatima Rodrigues in Vol. 32 of Property Werks, the transfer duty and Vat position applicable to property transactions is summarised.

General

Restrictions on the sale of business premises

Roos No en 'n Ander v Kevin & Lasia Property Investments Bk en Andere 2002 (6) SA 409 (T) highlights the importance of ensuring that when a property is being sold "as a going concern" the sale is advertised according to the requirements of Section 34(1) of the Insolvency Act 24 of 1936 ("the Act").

General

The registrability of contingent usufructs

In The registrability of contingent usufructs and related matters in the October 2003 De Rebus, Allen West discusses the application of section 66 of the Deeds Registries Act 47 of 1937.

General

Fica Guidelines - application thereof

A table describing what has to be done by attorneys to meet the requirements of Fica.

General

Not beating together

A couple married in community of property must both sign all the relevant documents - especially the offer to purchase - to ensure a valid sale.

General

Fica series

Guidance has been sought by attorneys regarding the application of the Financial Intelligence Centre Act 38 of 2001 (Fica). To answer the need, Marelise van der Westhuizen has written a series of articles in De Rebus.

General

Mandates

Richard Rom writes that sellers should be aware of the different types of mandates which estate agents use. This knowledge could prevent unnecessary expense and irritation.

General

Real Rights

Real rights not all roses, on Property24, cautions against the enthusiasm of banks and developers for sectional title schemes sold on a "real rights" basis.