Allen West's overview of the recent Registrars' Conference Resolutions and what you need to know to lodge deeds and documents in 2018 - a MUST for conveyancers.
Does the law require that at the point of transfer, the land must be physically defined, if one considers that between 50% to 60% of the beacons that define property are missing?
Jack Crook highlights problems when contracting with trusts as standard sale agreements don’t always provide adequately for their own specific set of rules.
The Black Conveyancers Association Training Academy with LexisNexis® and Juta will be starting a conveyancing course for secretaries and paralegals in March.
Freddie Terblanche discusses the issue of whether a landlord can charge rent for commercial property that is being leased without an occupancy certificate.
Dudley Lee suggests that the rule about the signing of a power of attorney by a person who cannot write requiring a commissioner of oaths' confirmation is wrong.
Jack Crook emphasises the need for both sellers and buyers (of anything) to understand how the Consumer Protection Act affects the common “voetstoots” (“as is”) clause.
Jack Crook explains why "co-ownership is the mother of disputes", suggests a potential solution and gives a checklist to avoid costly disputes arising.
Jack Crook discusses the advantages for landlords and tenants in using the Rental Housing Tribunal to settle their residential housing disputes.
Jack Crook gives insights and explains your rights in terms of the lease itself and under the Consumer Protection Act as to what happens if you cancel your lease early.
Jack Crook discusses a recent High Court decision which illustrates one of the very restricted circumstances in which you may be able to escape from a suretyship you signed yourself into.
Dudley Lee highlights the reason for Section 15A and regulation 44A of the DRA - to relieve Registrars of Deeds of certain responsibilities and examiners should keep that in mind.
Tim Pearce argues in the August De Rebus that it is time to put a 'Stop' sign to the growing misconception that all roads in private gated communities are public roads.
Jack Crook gives some useful tips about the costs, processes and legal aspects about buying a home.
Wiseman Bhuqa discusses Deeds Office practices around the transfer of land ownership in a deceased estate of a person married in terms of customary law.
If you are keen on pursuing a career as a conveyancing secretary then the LexisNexis® online, self-paced, interactive, eLearning Conveyancing course is for you.
When selling your house,disclose all defects you know of to potential buyers, or risk expensive litigation and damages claims - Jack Crook reports on a recent High Court case.
Wiseman Bhuqa gives a proper construct of the provisions of Section 43 of SPLUMA in order to curb the prevailing prevarications in its application.
Allen West submits that National Treasury has the full legal capacity to sign the consent to cancellation of a bona vacantia mortgage bond.
On 29 August the LSSA issued an Advisory about Transfer Duty Receipts and a Checklist of supporting documents for conveyancers.
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.
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.
The Black Conveyancers Association Training Academy with Juta and Korbitec, a LexisNexis® Company, is starting a conveyancing course for secretaries and paralegals.
Cape Town: CRC 6/2005 and CRC 9/2009 must be complied with in that the full names of the conveyancer signing the TDR must be disclosed with the signature.
Interested persons have until the end of April to submit comments about the Property Practitioners Bill and the Home Loan and Mortgage Disclosure Amendment Bill.
The Significant Leadership Programme™ - is a leadership programme for female lawyers with a focus on the attorneys' profession and its unique business models.
NADEL will be embarking on an enrichment course to empower attorneys by re-introducing them to the Constitution and the active role it plays in day-to-day practice.
An interesting question has arisen and needs to be answered about how one deals with land in a Liquidation and Distribution account when nobody wants to own it.
Craig Berg discusses the value and advantages of mediation in commercial and residential real estate disputes in stopping the costs before they get to court.
M v the Commissioner for SARS addresses the issue of when income accrues to taxpayer from the sale of immovable properties in the course of its trade.
Conveyancers must be aware of incidents involving fraudulent spam emails purporting to come from WinDeed (an Offer to Purchase and a Deeds Office document copy).
Audrey Gwangwa discusses the practical ramifications in applying section 88 of the Deeds Registries Act vis-a-vis section 21 of the Matrimonial Property Act.
Audrey Gwangwa emphasises that practitioners must be aware that applications to Court have to comply with the provisions of Section 97 of the Deeds Registries Act.
John Christie offers further insights and reminds practitioners that applications to Court also have to comply with the provisions of section 56 of the Sectional Titles Act.
Audrey Gwangwa gives a practical guide to practitioners for postnuptial notarial contracts executed in terms of section 88 of the Deeds Registries Act 47 of 1937.
Audrey Gwangwa considers whether it is a fact or a fallacy that the South African deeds registration system, one of the best in the world, still guarantees security of title.
A question about liability for wasted conveyancing costs payable to the conveyancer where a transaction is cancelled due to the non-performance by the seller.
A question involving a CC seller with a member who signed the Offer to Purchase without a resolution, a defauting buyer, who paid a small deposit, and an estate agent.
Allen West considers the question of whether it is appropriate for an agent to appear before a Notary Public to execute notarial attested documents.
Question: what factors need to be considered in a sale where a seller sells his home for a purchase price reflected as a crypto or a foreign currency?
An answer to the question about the case of a seller selling his home for a price reflected as a crypto or as a foreign currency.
Deeds Office Cape Town Year End Arrangements: December 2017 to January 2018 - A schedule setting out changes to the normal operations in the various sections.
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 2017.
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.
Megan Gedye explains the simple and well established legal principles applied by municipalities in town planning following the building at 317 Currie Road.
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.
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.
Johannesburg Municipality - a notice clarifying the Municipality's policy of collecting outstanding debts before the transfer of an immovable property takes place.
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.
Accountable and reporting attorneys are requested to update their registration related information to access FIC's new registration and reporting platform - goAML.
The Black Conveyancers Association with its partners Juta and Korbitec, will be starting a foundation level conveyancing course for conveyancing secretaries and paralegals.
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.
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.
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.
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.
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.
An analysis of Arun Property which considers the nature of the expropriation classification and the resultant ramifications for a valid deprivation of property.
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.
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.
Allen West discusses the autonomy of the Registrar of Deeds with regard to CRCs, Registrar's Conference Resolutions and Chief Registrar's legal opinions.
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.
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.
Jeannie Van Wyk discusses the case, its background, the subdivision process, and its implications following the subsequent implementation of SPLUMA and LUPA.
Megan Harrington-Johnson and Amber Freeman discuss the relevant provisions of the Consumer Protection Act for commercial property owners who need to comply.
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.
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.
Chantelle Gladwin and Tenielle Combrinck examine the legal rights of property owners and occupiers when dealing with illegal buildings.
Donald Moore has a question to ask of conveyancers about their responsibility to adjust rates and service charges between purchaser and seller.
Maike Gohl and Jonathan Salant discuss Pieterse v Lephalale Municipality regarding appeals to a provincial authority for town planning decisions taken by municipalities.
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.
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.
An updated 2011 article by Allen West adding aspects of notarial tie-agreements such as: adding or removing properties, undisclosed principle and clearance certificates.
Dudley Lee clarifies a comment he made in Registrar's Conference Resolutions 2014 about the current process of drafting and passing Registrars Conference Resolutions.
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.
Cape Town: guidelines clearing uncertainty about inter alia payment schedules, incorrect payment procedures, and incomplete or unclear documents.
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.
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.
Allen West answers the question of how the decision in Rainbow Diamonds concerning bona vacantia assets accruing to the State affects conveyancing practice.
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.
The Institute of Race Relations has warned that the Expropriation Bill will threaten prosperity by undermining property rights, deterring investment, and choking off growth.
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.
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.
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.
Guidelines regarding surveys and a suggested declaration clause implementing the Alien and Invasive Species Regulations which came into effect in October.
Allen West discusses redistribution agreements - their formative requirements; when it is lawful to enter into one; assets which may be redistributed and their foundation.
Do the exemptions from Fica identification and verification procedures cover Bond Cancellations as they are not mentioned as a transaction requiring verification?
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.
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.
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.
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.
Dylan Bradford considers the implications of EM and EM Engineering (Pty) Limited v KwaDukuza Municipality and Others for rates liability over newly subdivided land.
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.
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.
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.
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.
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.
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.
Allen West covers the nature of agency, mandants, agents, proof of agency and the registration of powers of attorney, and the formalities connected therewith.
Pretoria Deeds Office - because some deeds are executed outside the execution room, a daily attendance register for conveyancers is to be kept at execution.
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.
Chantelle Gladwin and Adam Civin examine the implications of objecting to unrealistically high property valuations outside of advertised roll inspection periods.
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.
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.
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.
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.
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?
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.
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.
Legal certainty for the proprietary consequences of polygamous customary marriages is lacking, in the absence of answers from the courts and legislature.
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.
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.
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.
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).
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.
Allen West offers some clarity on the thorny issue of the devolution of immovable property emanating from a foreign estate.
Allen West answers the question as to whether servitudes can serve as security under a mortgage bond.
On 1 July 2014 new revenue clearance application fees came into effect for rates clearance certificates for eThekwini Municipality.
Allen West answers a question from Rowan Harrison about the transfer of notarially tied properties held by different individual owners.
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?
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.
Allen West discusses the requirements to be used in determining whether a notarial cession of a personal servitude must be executed bilaterally or unilaterally.
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?"
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.
Allen West continues with more conveyancing facts about inter alia Notarial tie agreements; lost or destroyed rules of a scheme; and untraceable bondholders.
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.
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.
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.
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.
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.
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.
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.
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.
The Attorneys Insurance Indemnity Fund (AIIF) started receiving notifications from conveyancers about a particular conveyancing related scam at the beginning of 2012.
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.
Donald Moore corrects some misconceptions about the legal nature of certificates and their need as a prerequisite for a transfer to be registered.
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.
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.
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).
The Property Valuation Bill, 2013 was recently published by the Minister for Rural Development and Land Reform in the Government Gazette for comment.
G K Makallane submits that the known interpretation or application of the concept of habitatio has been flawed for far too long.
Ngwenyama v Mayelane gives legal certainty to the requirements for the validity of polygamous customary marriages, these and a citation question are discussed.
To certify or not to certify that is the question: asks Milton Koumbatis, in a comprehensive commentary on the controversy surrounding electrical fence certificates.
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.
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
Part II of the guideline of practices about the qualification of conditions in deeds and certificates in the Pretoria, Johannesburg and Nelspruit Deeds Registries.
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?
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.
Dudley Lee takes issue with and has a number of comments, concerns and reservations about the article Rejection Guidelines published in July.
Waterson Mketshane discusses the legal consequences of marriages and their areas of applicability with regard to the former TBVC countries and South Africa.
eThekwini guidelines for the issuing of revenue clearance certificates in terms of Section 118 of the Local Government: Municipal Systems Act 32 of 2000.
Tania Shawe examines the current registration and other implications of the vesting of immovable property in bewind and ownership trusts.
Ramon Pereira and Chantelle Gladwin give advice on the causes of and how to deal with, having an unusually high water bill.
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.
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.
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.
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.
As the year winds down, we cast our eye over a number of the big conveyancing stories which we covered in 2011.
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”.
Allen West highlights the centrality and importance of conveyancers and registrars in upholding the integrity of South Africa's land registration system.
Allen West discusses the sale and transfer of land in townships as governed by the Town Planning and Townships Ordinance 15 of 1986.
Communiction 3/2012 of the Cape Town Registrar of Deeds deals with two items - back scanning and the rates clearance issue.
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.
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.
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.
City of Cape Town - the suspension of templates of previous rates clearance certificates has been extended to 30 April 2012.
Allen West discusses the instances when full initialling of alterations or interlineations on Powers of Attorney, Consents or Applications is required.
Allen West lists some interesting conveyancing facts about monetary figures, Eskom servitudes and the amendment of divorce agreements and of a person's status.
Ann Bertelsmann highlights examples of inventive and convincing methods fraudsters have used to obtain unauthorised and premature payments of trust money.
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.
An urgent request from Ann Bertelsman of the AIIF who highlights the latest scam of which conveyancers must be aware.
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.
A reader would like to know whether Paragraph 51A of the Eighth Schedule of the Income Tax Act includes Trusts in the moratorium.
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.
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.
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.
Allen West looks at the effect divorce has on immovable property acquired during or before marriage.
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.
Allen West continues with more conveyancing facts about waived unregistered usufructs, roman numeral linking, fractions exceeding two figures and notices of motion.
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.
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.
Allen West explains the nature of and the differences between, fiduciary and fideicommissary rights with regard to inter alia their creation and registration.
Allen West discusses the prohibitions against subdivision and transfer of land defined as "agricultural holdings" in the former Transvaal.
Allen West examines when the registration of deeds takes place, with particular emphasis on simultaneous registration, and the sequence of registration.
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".
Allen West concludes his article about personal servitudes by covering their lapsing in general, by merger and by statute.
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.
Carol McDonald brings our attention to the requirement of an electric fence system certificate of compliance for sales agreements concluded after 1 October 2012.
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.
The Port Elizabeth Convey Club charges into 2011, expectant and ready for action.
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.
Rob Wynne suggests we move away from fractions in deeds and adopt the metric system.
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.
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.
Nadia de Kock gives more clarity regarding who "connected persons" are when it comes to Close Corporations.
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".
Thabo Nqhome opines that Registrars Conference Resolution 83/2010 should properly be answered in the administration of deceased estates as opposed to conveyancing.
Can a document executed in Namibia for use in South Africa be authenticated before a Notary? Allen West has the answer - "No".
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.
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.
Thabo Nqhome responds to Companies in liquidation - response II which we published last week.
Cape Registrar's Notice 1/2011 and Annexure A to Registrar's Circular 02/2011.
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.
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.
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.
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.
Mark Schäfer agrees with Dudley Lee that that Chief Registrars Circular 4/2011 should be withdrawn.
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.
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.
Allen West challenges you to get your thinking caps on and see if you know these interesting and sometimes strange facts about conveyancing.
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.
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.
SARS recently released their final Guide to the disposal of a residence from a Company or Trust.
Barry Cloete pens some thoughts and observations on the impact of the Consumer Protection Act on estate agents.
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.
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.
Allen West discusses what happens when an inheritance of immovable property cannot be put into effect.
Wiseman Bhuqa provides basic guidelines for examiners on when to reject or query a deed.
Allen West considers the effect of sequestration where a spouse is declared insolvent subsequent to his/her marriage in community of property.
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.
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.
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.
Yunus Carrim, the Deputy Minister of Co-operative Governance and Traditional Affairs says home owners need not worry about the Rates Bill.
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.
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.
Allen West discusses the capacity of a rehabilitated insolvent to deal with immovable property.
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.
The Department of Environmental Affairs (DEA) will deal with non-compliance of regulations and incorrect or deficient representations vigorously.
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.
Ranald Vise understands section 10 of the Recognition of Customary Marriages Act to mean a new marriage.
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.
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”.
Allen West discusses the formalities necessary to effect a change in name of a non-South African citizen.
Registrars' Conference Resolutions 2011 - What you need to know to lodge deeds and documents in 2012.
Allen West looks at the effect a repudiation of an inheritance has on the devolution of immovable property.
Attorneys pose questions around the interpretation of para 51(2)(c) of the Eighth Schedule to the Income Tax Act and matters germane thereto.
Antoinné van Deventer provides clarity to some confusion following her answer to the first question in Questions posed last week.
Wiseman Bhuqa unpacks the differences between the causal and abstract theories relating to the transfer of ownership of immovable property.
Bobby Bertrand of Bowman Gilfillan, Cape Town, has reservations about the suggested causae published last week.
Antoinné van Deventer answers two more questions, about same sex partners and trusts with regard to Section 9(20) transfers.
Margaret Meyer discusses the sale of fixed property in terms of Section 18(3) of the Administration of Estates Act.
Thabo Nqhome does not subscribe to the view contained in last week's article Section 18 (3) sales.
Anville van Wyk pens some thoughts on s9(20) and the transfer of residences from companies and trusts to individuals.
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.
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.
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.
Anville Van Wyk draws our attention to the need to distinguish between the tax and the conveyancing issues of tax window causa.
Deeds of sale must correctly reflect whether the purchase price includes VAT or not writes Allen West.
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.
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.
Dudley Lee discusses the consolidation of agricultural land subject to tie conditions.
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.
Explanatory notes on how to effect Section 9(20) transfers from juristic entities from within GhostConvey.
Administration fees for rates clearance applications in Cape Town will be increasing from 1 July this year.
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.
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.
Mid-year activity from Port Elizabeth after an hiatus of some months.
More goings on at the PE GhostConvey Club for June to August this year.
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.
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.
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.
Allen West highlights the need for conveyancers to distinguish between the creation of positive and negative personal servitudes.
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.
Thabo Nqhome responds to Dudley Lee's simple 4-point argument, certificate of title and the meaning of "dealing with".
Allen West replies to a query by Donald Moore regarding redistribution agreements following Redistribution Agreements last week.
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.
Into the home stretch for the Port Elizabeth GhostConvey club for the year.
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.
Allen West discusses with reference to Registrars Circulars and case law the amendment of antenuptial contracts before and after the conclusion of a marriage.
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.
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.
Allen West explains with practical examples, the plotting and qualification of servitudes and conditions when land is subdivided.
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.
Allen West is to present seminars around the country on new developments in conveyancing for 2011.
Dudley Lee looks at deceased estates of persons whose marriage is governed by foreign law and the registration of deeds.
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)."
Wiseman Bhuqa discusses customary marriages and deceased estates of the indigenous black people of South Africa vis-a-vis Deeds Office practice and procedures.
Allen West is to present seminars around the country on new developments in conveyancing for 2009.
George Tsotetsi reviews some of the resolutions taken at the 2007 Registrars' Conference.
Charles Pearson asks for advice on cancelling a bond when the bondholder has disappeared.
Do a husband and a wife both need to sign when purchasing immovable property asks Roelie Rossouw?
Cape Registrar's Notice No 1 of 2009 - notes on the 2009 Registrar's Conference Resolutions.
A list of the most common causes for deeds being rejected by the Deeds Office.
The Renaming of High Courts Act (No. 30 of 2008) came into effect on 1st of March.
South African National Roads Agency v Chief Registrar of Deeds and Others - memorandum from the Chief Registrar of Deeds.
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.
When it is necessary and when not, Diane Canterbury looks at the requirement.
Workshops are to be held in Cape Town, Pretoria and Durban to prepare candidates for the conveyancing exam in May.
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?
Sara Scheiner on anomalies within the Subdivision of Agricultural Land Act regarding partnerships, companies, CC's and couples married in community of property.
Corné Bekker considers the assessment of transfer duty with regards to companies and close corporations.
The Johannesburg Attorneys Association - Property Law Sub-committee invites you to a conveyancing seminar at Deneys Reitz.
In the light of a recent case Allen West asks whether security of title is a fact or a fiction.
Wiseman Bhuqa discusses the transfer duty implications of section 45(1) of the Deeds Registries Act on redistribution and massing.
Thabo Nqhome does not agree with the views expressed by Wiseman Bhuqa in Redistribution and massing..
Thabo Nqhome considers the validity of inter vivos trusts in South Africa with regards to retroactive ratification..
Blessing Mphela (Acting Chief Land Claims Commissioner) addresses the perception that land reform in South Africa is failing.
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.
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.
D Mngcolwani discusses supporting affidavits to prove that the surviving spouse was married to the deceased in community of property.
Allen West draws the attention of examiners to their onerous duties with regard to the checking of interdicts.
The Subdivision of Agricultural Land Act, Act 70 of 1970 - to tie or to consolidate - is there a difference, asks L J Vosloo?
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.
Sydney Mekwe considers the computation of the period for registration in the deeds office of transaction to which a time period is attached.
The Department of Development and Land Reform recently published the Deeds Registries Amendment Bill in Government Gazette 3249 (Notice 1108).
Port Elizabeth doings for September -> November this year.
Korbitec Executive Consulting Division will be presenting a full day seminar on mortgage fraud in October.
Allen West looks at the issue of street closures in Gauteng and the implementation of Section 67 of Local Government Ordinance 17.
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.
A list of red flag areas in conveyancing practice compiled in the Attorneys Fidelity Fund Risk Alert Bulletin.
Allen West looks at the qualification of personal servitudes in deeds of transfer and certificates of title of land in the former Transvaal.
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.
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.
That has been the increase in conveyancing fraud in South Africa since 2003, according to legal experts at a recent mortgage fraud seminar.
Allen West concludes his discussion of the qualification of conditions by looking at the rest of the Deeds Registries.
The LSSA is to hold a four day workshop on mediation skills for attorneys and candidate attorneys.
The LSSA needs you as a mentor to help some 150 attorneys in strengthening their practices.
Risk Alert Bulletin - Examples of bridging finance documents which should not be signed by attorneys.
Sieg Heiriss clarifies an aspect of Electrical Compliance Certificates raised in an article last week.
The LSSA Property Law Committee supports the discretion of registrars and their comments on the Sectional Titles Bill.
Allen West is to present seminars around the country on new developments in conveyancing for 2010.
LSSA flyers on "Buying or Selling a House" and "Deceased Estates" are available to attorneys for marketing purposes - in five languages.
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.
The Centre for Conveyancing Practice offers a number of courses in conveyancing and notarial practice for attorneys, candidate attorneys, conveyancing secretaries and typists.
Kevin Schaafsma replies to the query in Two Questions last week about the point of Rule 63 authentications.
Sydney Mekwe looks at the dilemma faced by examiners with regard to mineral rights holders and the surface rights to the land.
Antoinné van Deventer of Sars answers a question posed by Donald Moore and others about the practical application of the Section 9(20) Exemption.
As the year winds down, we cast our eyes over a number of the big conveyancing stories which we covered in 2009.
Allen West dispels confusion regarding the translation and use of abbreviations in company names.
Let us know your predictions about property, legal developments, prospects for conveyancing firms - opportunities and threats.
Lightstone has just completed an analysis on the impact of Gautrain on residential property prices in areas close to the new stations.
S K Heiriss considers the implication of Chief Registrar's Circular 1 of 2008 for the alienation of minor's property.
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.
Donald Moore of Guthrie & Rushton Attorneys presents us with a conveyancing conundrum, concerning Section 45 bis of the Deeds Registries Act.
The Deeds Registries Amendment Bill 2008 proposes certain amendments regarding certain obsolete expressions.
Sara Scheiner and Mark Schäfer replied to last week's A conundrum, concerning Section 45 bis of the Deeds Registries Act.
Allen West compares massing and adiation vis à vis massing and election.
Sara Scheiner, Thabo Nqhome and others reply to Section 9(1)(i) Exemption of transfer duty: a query .
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?"
Sales from estates has elicited a response from Patrick Barnard who agrees with Donald Moore.
Allen West asks a question about the disposal of the whole of the undertaking of a company or the greater part of its assets.
Thabo Nqhome and Esther-Lana Housego respond to the question raised by Allen West about disposals and mortgage bonds.
Pieta Strauss focuses on the impact of section 228 of the Companies Act on registering a mortgage bond.
Margaret Meyer delves into the implications of The Recognition of Customary Marriages Act, 120 of 1998.
Allen West's valuable Guidelines to prepare for the conveyancing examination document.
Gerhard Buchner, writing in De Rebus expresses another view regarding penalty clauses in home loan agreements.
George Tsotetsi considers the implications of Van Rensburg regarding conditions contained in a title deed.
Roelie Rossouw considers the implications of section 228 of the Companies Act for the conveyancer.
Adrie van der Merwe responds to Testamentary conditions and redistribution agreements.
A new Schedule of Fees of Office for the Deeds Registries will come into effect on 27 October.
Roelie Rossouw considers the import of the latest amendment to the Housing Consumers Protection Measures Act.
Wiseman Bhuqa gives an overview of communal property associations.
Dave Rix of Venter Van Eeden has a question about Non resident endorsements.
Replies toDave Rix of Venter Van Eeden's question about Non resident endorsements.
Salomé van Wyk highlights potentially costly and time consuming aspects of satisfying NHBRC requirements.
John Christie has a query for the Cape Town Registrar regarding bewind trusts.
JKW Crowhurst makes a number of comments on Cape Town Registrar's Circular No. 5 of 2008.
Allen West discusses the lapsing of attachment orders issued by the Magistrates Court.
Allen West responds to John Christie's Query regarding trusts and Cape Town Registrar's Circular 5/2008.
Allen West has a note of warning for conveyancers following the Gumede decision.
Barry Ger writes in De Rebus about a new tax incentive to be introduced to encourage the building of new residential property.
Thabo Nqhome considers issues raised by Allen West about executors concluding sales prior to their appointments.
Allen West considers the alienation of immovable property in the ambit of section 80 of the Administration of Estates Act 66 of 1965.
Donald Moore of Guthrie & Rushton raises a query about the proprietary consequences of the Civil Union Act when one party is domiciled overseas.
Dudley Lee considers this thorn in the side of conveyancers and Registrars of Deeds when it comes to redistribution contracts.
Of note is that the transfer duty percentages and the thresholds at which transfer duty kicks in have not been changed.
More on the proprietary consequences of a marriage or civil union in terms of the Civil Union Act.
Dudley Lee writes that his initial reply should not be seen as disturbing.
The year seems to be going full steam ahead and work hotting up to it's usual pace for all of us.
Your responses to last week's article SARS and delays proved interesting and are reproduced here.
Sara Scheiner believes that some revenue officers are acting ultra vires and/or unconstitutionally.
Gert Hattingh discusses the treatment of foreign currency in the Deeds Registries.
Edgar Morake wonders why deeds of transfer are registered in only English and Afrikaans.
Roelie Rossouw believes that the transfer duty implications of the disposal of a beneficiary's interest in a trust are far from clear.
A memo from SARS explaining how the amended stamp duty provisions will be applied.
Allen West looks at rehabilitated insolvents and their capacity to deal with immovable property.
Allen West considers the intricacies involved with the application of section 4(1)(b) of the Deeds Registries act 47 of 1937.
From 1 September 2007, buyers of immovable property are required to withhold "advance taxes" (for CGT) where the seller is a non-resident.
P S Franck looks at transfer duty when immovable property is acquired by a company, a close corporation or a trust.
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.
Wiseman Bhuqa ponders the effect of the Communal Land Rights Act (Clara) Act No.11 of 2004 on the deeds registration process.
Sydney Mekwe reports on the Conference on Communal Land Rights Act (Act 11 of 2004).
In response to the original SA Deeds Journal article Interpretation, the Registrar of Deeds in Pretoria issued Registrars Circular 5 of 2007.
Allen West looks at the practice as laid down by the Pretoria Deeds Registry for the cancellation of the registration of a lost bond.
A checklist and information from SARS about withholding a portion of the purchase price from non-resident sellers.
Dudley Lee wants comment on affidavits required for purposes of section 4(1)(b) and regulation 68(1) of the Deeds Registries Act.
The introduction of Section 35 A of the Income Tax Act has now made tax residence rules relevant to conveyancers.
Robert Krautkrämer, Corrie de Jager and Herman Botha respond to Roelie Rossouw's article on the wider implications of Stalwo v Wary.
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.
Johann Strauss and Ken Mustard respond to Roelie Rossouw's article on the wider implications of Stalwo v Wary.
Allen West looks at the applicability of the Civil Unions Act No. 17 of 2006 to conveyancing and notarial practice.
As the year winds down, here follows a summary of the GhostDigest's coverage of conveyancing news in 2007.
Allen West discusses the validity of rates clearance certificates in the October 2005 SA Deeds Journal.
It is possible to link matters within GhostConvey without importing data.
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.
We asked some attorneys what they think about the future of conveyancing over the next five years.
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.
Allen West considers the authentication of documents executed outside of South Africa for use inside South Africa.
The Internet continues to penetrate the massive R515bn homeloan market.
A poorly worded or vague contingency clause in one's sales contract could end up costing lots.
New rules on environmental impact studies should cut red tape when regulations come into force in July.
The first in a series of articles about town planning published in the May 2006 De Rebus.
The recent unreported Supreme Court of Appeal case of Thorpe versus Trittenwein underlines the caution which must be exercised when contracting with a trust.
Allen West looks at the problem of the dissolution of companies and bona vacantia assets.
Gordon Stuart considers the distinction between trading stock and capital assets.
The GhostDigest has been publishing conveyancing and property news for just over three years and it is read by thousands of conveyancers.
Allen West writes on the amendment of divorce agreements and the application of section 14 of the Deeds Registries Act 47 of 1937.
The Law Society of the Northern Provinces has produced a document Guidelines for conducting property law matters.
An example of the title deed endorsement necessary for a subdivision.
Frans van Hoogstraten considers the legal implications of full ownership as opposed to leasehold title to immovable property.
No enabling legislation exists for the change of name of a trust, writes Allen West.
Thabo Nqhome replies to a query in Change of name of trusts published last week.
Dudley Lee looks at the application of Section 45bis of the Deeds Registries Act 47 of 1937 in the Deeds Registries.
Thabo Nqhome considers aspects raised in Section 45(bis) applied which was published last week.
P J Weideman considers sales in execution of property in deceased estates under section 30 of the Administration of Estates Act.
Overview by George Tsotetsi of some of the resolutions taken at the 2005 Registrar's Conference.
Thabo Nqhome comments on Sales in execution with reference to section 30 of the Administration of Estates Act.
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.
Divorced and surviving spouses will now be exempt from paying any transfer duty.
What is bridging finance, and its place in the conveyancing transaction? John Knipe of C.O.D. enlightens us.
Thabo Nqhome cannot fault Registrars Conference Resolutions 31 of 1988 and 21 of 2005.
Roelie Rossouw writes that the National Credit Act creates the possibility for unscrupulous borrowers to take unfair advantage of unsophisticated lenders.
Deeds Registries Regulation Board meeting and section 57 - a note from Allen West.
Gordon Stuart looks at fiduciary, usufructuary or other like interests in property.
Allen West looks at the different methods of identifying servitudes.
Lapsed praedial servitudes by merger can be difficult to identify.
The application of Regulation 68 of the Deeds Registries Act is commented on by Marie Grovè.
A response to Marie Grovè's article, Regulation 68 (of the Deeds Registries Act).
Allen West considers problems which arise with testamentary conditions and redistribution agreements.
Welcome to the first edition of the Cape Town GhostConvey Users Club.
As the year winds down, here follows a summary of the GhostDigest's coverage of conveyancing news in 2006.
GhostDigest recently asked a number of conveyancing attorneys for their views on the year ahead.
Houses cost a lot, therefore it makes sense to get the best available rate on ones home loan.
Lizelle Kilbourn queries the distinction between occupation/possession and the formal transfer of ownership.
Antoinette Reynolds assesses the implications of the Mineral and Petroleum Resources Development Act, and the Mining Titles Registration Amendment.
This financial year will be the year in which many property sellers will encounter CGT for the first time.
In De Rebus this month, Barry Ger considers the proposed s35A amendment to the Income Tax Act.
You may be liable for transfer duty if you are paid a cancellation fee writes Deborah Tickle in Personal Finance.
ED Grobbelaar replies to the article Tax and cancellations which appeared in the GhostDigest last month.
Seven new transfer duty forms became available on the SARS website on 31 March.
Every sale of property is subject to an investigation on all taxes, not just transfer duty or VAT.
Reshika Maharaj addresses some perplexing tax issues in property transactions in the April De Rebus.
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.
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.
Allen West looks at the cancellation of stamp duty and the duties of public officers in the March 2005 SA Deeds Journal.
Allen West discusses the effect of the amended regulations which came into effect on 25 October 2004.
Garrick Laudin asks whether it is not time to have a title deeds registry in Durban.
A recent media release about the settlement of tax disputes involving trusts owning residential property.
Wiseman Bhuga discusses covert sales and donations in re-distribution agreements in the March SA Deeds Journal.
Andy McPherson, managing partner of strb Smith Tabata Buchanan Boyes, comments on the current state of the Deeds Office.
May a Permission to Occupy serve as security under a notarial mortgage bond, asks Henry Lourens?
Michael Aliber considers the value of the Deeds Registry wanting to track the race and nationality of land purchasers.
Allen West looks at the transfer duty implications attendant to the cancellation of personal and praedial servitudes.
What threats and opportunities face the conveyancing profession, and what do you think - let us know.
Restrictions on title deeds must be removed after the repeal of the Black Administration Act.
Allen West examines the intestate succession of black persons in the light of the Bhe decision.
The current issue of Integritax asks, "Will SARS hold up property transfers until the tax affairs of seller and purchaser are in order?"
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.
"Who ultimately carries the responsibility for the correctness of facts in deeds and documents?" asks Allen West.
The 250 or so stories of 2005 reflect a dynamic, vibrant conveyancing profession.
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.
Reproduced with permission from the Tli Daily Newsletter of TLi Attorneys, this article discusses bond originators who require clients to sign a "Sole Mandate".
What is in store for property in 2004? Property24 makes its predictions as does Erwin Rode.
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.
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.
M Deetlefs answers this question and highlights its relevance to conveyancers in last year's August Deeds Registration Law Newsletter.
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.
Disputes over occupation arrangements can take the glitter out of a housewarming.
The implementation of the new property tax legislation should not be taken lightly by homebuyers.
Marelise van der Weshuizen delves into Interpreting s 29 and the obligation to report in this month's (April 2004) De Rebus.
Christine Spiers discusses the KwaZulu-Natal Planning and Development Act No 5 of 1998.
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.
Banks are struggling to conform with new regulations that they identify and verify the approximate 18 million banking clients by June 30.
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.
GhostWare's recent launch of a transactional billing option merits some discussion.
Louis de Villiers, writing in the June De Rebus, wants an "across the board" conveyancing tariff.
Last week's article on Louis de Villiers' call for the profession to reconsider the conveyancing tariff again has had a lively response.
On most occasions, the first casualty of death, illness, retrenchment or unemployment for any South African is the individual's mortgage repayments.
Allen West considers its effect on deeds registry practice in this year's January Deeds Registration Law Newsletter.
Legal Education and Development [L.E.A.D] is offering a secretarial training course for conveyancing assistants.
It took Dudu Mgaga two long years to have the Soweto house she had been renting finally registered in her name.
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.
Should it take four weeks or four months to register a "typical" transfer? Lizelle Kilbourn wrote a thesis to answer this question.
The mortgage clause in some Offers to Purchase or Agreement of Sale documents can be confusing.
Much time and frustration can be saved if the information on a deed of sale is correct.
Concerning the application of the amendment to section 17(4) of the Deeds Registries Act to customary marriages, by Allen West.
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.
The tacit hypothec - what? Tenant And Landlord In South Africa has the answer.
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.
All is not lost for ripped off homeowners, according to the National Home Builders Registration Council (NHBRC) - but they will have a tough time.
A look at the effect of sequestration on the estate of the solvent spouse where parties are married out of community of property.
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.
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.
KwaZulu-Natal Lawyers and their solicitation of business from estate agents.
With the launch of the Urban Renewal Tax Incentive, attorneys will have to adapt to how they work and with whom.
When buying check that your new residential development has been approved by the local authorities before signing the sales agreement.
Part two of the subsequent registration procedures to be followed for immovable property after a divorce. By Magda Deeltefs in the SA Deeds Journal.
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.
An interesting survey has revealed that South Africa's estate agency industry is not being overrun by inexperienced "newbies".
In a year in which over 300 articles were written, it was surprisingly easy to choose the top ten GhostDigest articles of 2004.
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.
Guidance to members of the Law Society of the Cape of Good Hope regarding unprofessional conduct or misconduct in terms of rule 14(4).
Giving an overview of title insurance, this article looks at the types of policies that can be taken out in the United States.
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.
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.
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.
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.
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.
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.
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?
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.
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.
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.
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.
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?
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.
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.
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").
A table describing what has to be done by attorneys to meet the requirements of Fica.
A couple married in community of property must both sign all the relevant documents - especially the offer to purchase - to ensure a valid sale.
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.
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.