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2017
Law Reports

Building in a development?

Jack Crook discusses a recent case which highlights the risks associated with not building on your plot in a development within the time limit specified.

Books

Registrars' Conference Resolutions

The Complete Compilation and Index to Registrars Conference Resolutions has been updated and remains an essential resource for conveyancing professionals.

Books

SPLUMA: A Practical Guide

SPLUMA: A Practical Guide: useful guidance for property professionals on the implementation of the Act, spatial planning, land use and land development matters.

Statistics

Cost Recovery Survey - 2016

The results of last year's Conveyancing Cost Recovery survey which we held in November are out.

Statistics

2012 to 2016 Transfers

Tables and graphs based on WinDeed data showing the number of monthly property transfers registered by the different Deeds Registries from 2012 to 2016.

Law Reports

Barking dogs driving you batty?

Jack Crook considers a recent High Court case which neatly illustrates our law's approach to protecting oneself from noisy neighbours generally.

Law Reports

Sable Hills

Sable Hills Waterfront Estate- Obligation of HOA members to pay levies for stands and units in a development is a question of interpreting the articles of association.

Registrar's Circulars

Cape/Kimberley Reg's Circular 01/2017

Registrar's Circular 01/2017 - Cape Town and Kimberley: effect of the change of jurisdiction of Registrars of Deeds of Cape Town and Kimberley from 1 March.

Tables of Costs

Conveyancing Tables - March 2017

The Conveyancing Tables have been updated to reflect the recent changes to transfer duty announced in the Budget, which came into effect on the 01 March 2017.

Tables of Costs

Schedule of Fees - April 2017

Government Gazette No. 40649, Notice No. R. 175, of 28 February 2017 sees a new Schedule of Fees of Office for Deeds Registries coming into effect on the 1st of April.

Law Reports

10% Commission - lost

Jack Crook discusses a recent case which shows yet again how essential it is to double-check that your Fidelity Fund Certificate (FFC) is both current and valid.

Law Reports

Cyberscam targeting conveyancers

Carmel Rickard discusses Lochner v Schaefer Incorporated and Others in which compensation was sought from conveyancers who had fallen victim to a cyberscam.

Tables of Costs

Conveyancing Tables - April 2017

The Conveyancing Tables have been updated to reflect the recent changes to Deeds Office Fees which come into effect on the 01 April 2017.

Registrar's Circulars

Limpopo - Registrar's Circular 1-3/2017

Limpopo Registrar's Circular Nos. 1-3 of 2017: Establishment of and a general overview of the key procedures that will be applicable in the Limpopo Deeds Registry.

Law Reports

Rights to views and privacy

Jack Crook highlights a recent High Court decision which once again reminds buyers and developers to do their homework before buying or developing property.

Tables of Costs

Conveyancing Fees - May 2017

The Law Society of South Africa (LSSA) recently published new Conveyancing Fee Guidelines which apply to instructions received as from 1 May 2017.

Tables of Costs

Conveyancing Tables - May 2017

The Conveyancing Tables have been updated to reflect the changes to the Recommended Guideline of Fees for conveyancing which came into effect on 01 May 2017.

Law Reports

Amber Mountain

Amber Mountain Investments: a seller is liable for a property's rates only up to the date of transfer and therefore a clearance certificate can't be withheld once paid.

Books

The Law of Servitudes

The Law of Servitudes: A valuable guide for lawyers, conveyancers, academics, students and deeds office staff about the law, practice and procedure of servitudes.

Registrar's Circulars

Chief Registrar's Circular 03/2017

Chief Registrar’s Circular No. 3 of 2017: Conditions relating to mineral rights in title deeds to immovable property.

Registrar's Circulars

Chief Registrar's Circular 04/2017

Chief Registrar’s Circular No. 4 of 2017: Rectification of title deeds and updating of deeds registry records regarding the vesting of state land.

Registrar's Circulars

Chief Registrar's Circular 01/2017

Chief Registrar's Circular No. 1 of 2017: Updating of the provisions of transfer duty with regards to the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994).

Registrar's Circulars

Chief Registrar's Circular 02/2017

Chief Registrar’s Circular No. 2 of 2017: Change of name concerning Associated Motor Holdings (Pty) Ltd to Motus Corporation (Pty) Ltd.

Registrar's Circulars

Chief Registrar's Circular 09/2017

Chief Registrar's Circular No. 09 of 2017: Suspension of amendments to Reg 6 and Annex. 1 of the Sectional Titles Act and an amendment to CRC 7 of 2017. 

2016
Registrar's Circulars

Chief Registrar's Circular 01/2016

Chief Registrar’s Circular No 1 of 2016: repeal and amendment of a number of Chief Registrar's Circulars following the 2015 Registrar's Conference.

Registrar's Circulars

Chief Registrar's Circular 02/2016

Chief Registrar's Circular No. 2 of 2016: Amended Schedule of Fees of Office - relevant office fees, and withdrawal of Chief Registrar’s Circular No. 7 of 2010.

Registrar's Circulars

Chief Registrar's Circular 03/2016

Chief Registrar’s Circular No 3 of 2016: Application of Section 24bis of the Deeds Registries Act, 1937 (No. 47 of 1937) to Sectional Title Units and Exclusive Use Areas.

 

Books

Practitioner's Guide 2016

The 2016 Allen West book, an update of "Practitioner’s Guide to Conveyancing and Notarial Practice" will be available at the end of January.

Law Reports

Secure your commission

Jack Crook discusses a case where it was held that FCCs must be issued in the name of the relevant Co or CC and another which underscored clarifying "trading as".

Law Reports

The S118(3) Monster - I

Peter Livanos has some sound advice for sellers with outstanding municipal debts following the recent judgment of City of Tshwane Metropolitan Municipality v PJ Mitchell.

Law Reports

The S118(3) Monster - II

Chantelle Gladwin discusses the implications (but not the correctness of) the Supreme Court of Appeal decision in City of Tshwane Metropolitan Municipality v PJ Mitchell.

Registrar's Circulars

Cape Registrar's Circular 01/2016

Cape Registrar's Circular No. 1 of 2016: Property description of Jamestown, Stellenbosch, Western Cape with respect to Jamestown, Aliwal North, Eastern Cape.

Tables of Costs

Conveyancing Tables - March 2016

The Conveyancing Tables have been updated to reflect the recent changes to transfer duty announced in the Budget, which came into effect on the 01 March 2016.

Tables of Costs

Schedule of Fees - April 2016

Government Gazette No. 39757, Notice No. R.200, sees a new Schedule of Fees of Office for Deeds Registries coming into effect on the 1st of April.

Registrar's Circulars

Pmb Registrar's Circular 01/2016

Pietermaritzburg Registrar's Circular No 1 of 2016: Explains how the property description in a sectional title transfer (prescribed form H) should read.

Registrar's Circulars

Pmb Registrar's Circular 02/2016

Pietermaritzburg Registrar’s Circular No. 2 of 2016: Registration requirements for the lapsing of pre-emptive conditions in favour of the Department of Human Settlement.

Registrar's Circulars

Pretoria Registrar's Circular 03/2016

Pretoria Registrar's Circular No. 03 of 2016: Effect of Spatial Planning and Land Use Management Act (No. 16 of 2013) - SPLUMA.

Law Reports

Object properly

Jack Crook discusses a recent High Court case that shows the danger of neglecting to give sufficient detail about a property when objecting to its municipal valuation.

Tables of Costs

Conveyancing Fees - April 2016

On Friday the Law Society of South Africa issued new Conveyancing Fee Guidelines which apply to instructions received as from 1 April 2016.

Tables of Costs

Conveyancing Tables - April 2016

The Tables of Costs - ready reckoner has been updated to reflect the latest Deeds Office fees and Conveyancing fees which came into effect on the 1st of April 2016.

Law Reports

Property and trusts

Jack Crook considers the recent judgment of Smith v ABSA Bank Limited which yet again demonstrates the need to be careful and to use attorneys when dealing with a trust.

Registrar's Circulars

Chief Registrar's Circular 05-07/2016

Chief Registrar’s Circular No's. 5 to 7 of 2016: Change of names of various companies to Obaro.

Registrar's Circulars

Pretoria Registrar's Circular 06/2016

Pretoria Registrar's Circular No 6 of 2016: A new procedure is to be implemented at Execution for registration of all VA copies to prevent fraudulent transactions taking place.

Books

Transfer and Bond Costs 2016

Transfer and Bond Costs is a valuable guide which contains tables that are compiled in accordance with the national guidelines recommended by the LSSA.

Law Reports

Sinking alterations

Jack Crook examines a recent High Court case which underscores how vital it is to ensure that amendments to an offer have actually been agreed to by both seller and buyer.

Registrar's Circulars

Pretoria Registrar's Circular 05/2016

Pretoria Registrar's Circular No 05 of 2016: To outline the procedure on how to deal with lost deeds in the office and to centralize the functions relating thereto.

Law Reports

Neighbours behaving badly

Bad neighbours can cause serious harm to your property's value. So if you notice illegal building activity next door, move quickly to nip the problem in the bud.

Registrar's Circulars

Chief Registrar's Circular 08/2016

Chief Registrar’s Circular No 8 of 2016: Change of name of First National Bank Holdings Limited and conversion from a public company into a private company.

Registrar's Circulars

Chief Registrar's Circular 09/2016

Chief Registrar's Circular No 9 of 2016: Termination of the collective investment scheme administered by Blue Bond Investments (Bonds registered prior to 1 May 2002).

Registrar's Circulars

Chief Registrar's Circular 10/2016

Chief Registrar's Circular No 10 of 2016: Termination of the collective investment scheme administered by Blue Bond Investments (Bonds registered after 1 March 2004).

Law Reports

The unsigned sale agreement

The strange case of a falling out between a buyer and a developer after transfer, over a plot and plan in which the sale agreement had only been signed by the buyer.

Registrar's Circulars

Chief Registrar's Circular 11/2016

Chief Registrar's Circular No. 11 of 2016: Change of name concerning VKB Landbou (Pty) Ltd to VKB Beleggings (Pty) Ltd.

Law Reports

Gladwin

Gladwin v Ekurhuleni Metropolitan Municipality: The Municipality’s entitlement to disconnect or refuse to supply electricity or water based on amounts owed by a prior owner.

Law Reports

Trumped!

Jack Crook discusses a recent case in which the owner of the house was evicted from it as an "unlawful occupier” because of a registered right of habitation.

Registrar's Circulars

Pretoria Registrar's Circular 21/2016

Pretoria Registrar's Circular No 21 of 2016: To clarify procedures around rectification of errors on delivered deeds and errors encountered after registration.

Books

Conveyancing Practice Guide

Conveyancing Practice Guide - Get 30% off in the LexisNexis Spring Clearance Sale of the fourth print edition of this easy-to-read, compact, and quick reference guide.

Registrar's Circulars

Pretoria Registrar's Circular 08/2016

Pretoria Registrar's Circular No 8 of 2016: Procedures for the issuing and collection of barcodes to prevent their unauthorised use and the misuse of lost and stolen ones.

Registrar's Circulars

Chief Registrar's Circular 13/2016

Chief Registrar's Circular No. 13 of 2016: Coming into operation of the Sectional Titles Schemes Management Act of 2011 and its impact on deeds registration procedures. 

Law Reports

Remember the VAT

Jack Crook reports on the recent case of Gerber v Naidoo which highlights how forgetting about VAT in the excitement of the sale can be a costly oversight.

Statistics

GhostConvey 2016 Survey

It's back: this year's GhostConvey Survey into cost recovery in the conveyancing profession in South Africa is out and ready to be completed in a couple of minutes.

Law Reports

At last - S118(3)

Municipalities may not hold new owners of properties liable for municipal debts older than two years under Section 118(3) of the Municipal Systems Act No 32 of 2000.

Statistics

Embracing technology

A recent survey by LexisNexis shows an increased appetite for online services, smarter technology use, and the entrenchment of digital research, by South African attorneys.

Registrar's Circulars

Examiner's note

Examiner's Note - Johannesburg: The purpose which is to provide clarity in respect of certain matters discussed in Chief Registrar's Circular No 13 of 2016.

Registrar's Circulars

Cape Registrar's Circular 02/2016

Cape Town Registrar's Circular No. 2 of 2016: The effect of the Sectional Titles Schemes Management Act 8 of 2011 on Deeds Office practices and procedures.

Law Reports

Brodsky

Brodsky Trading:  Estate agent company converts to a CC; EAAB not advised of conversion; original fidelity fund certificate issued to non-existent company is invalid.

Registrar's Circulars

Registrars' Conference Resolutions 2016

At the annual registrars’ conference held recently, 29 matters which affect conveyancing and notarial practice were discussed and resolutions taken.

2015
Registrar's Circulars

Registrars Conference Resolutions 2014

At the annual registrars’ conference held in October, 52 matters which affect conveyancing and notarial practice were discussed and resolutions taken.

Books

Practitioner's Guide 2015 Update

The 2015 Allen West book "Practitioner’s Guide to Conveyancing and Notarial Practice" will be available at the end of January.

Registrar's Circulars

Pretoria Registrar's Circular 17/2014

Pretoria Registrar's Circular 17 of 2014: Process for the endorsement of deeds relating to orders of Court, expropriation notices and any other notices.

Books

Registrars Conference Resolutions

The Complete Compilation and Index to Registrars Conference Resolutions is an essential resource for conveyancing professionals when drafting deeds and documents.

Registrar's Circulars

Pretoria Registrar's Circular 01/2015

Pretoria Registrar's Circular 1 of 2015: Documentation required to uplift a Rule Nisi order that was noted as an interdict against the name or property of a person.

Registrar's Circulars

Pretoria Registrar's Circular 02/2015

Pretoria Registrar's Circular 2 of 2015: To outline the procedure for dealing with lost deeds in the office and to centralize functions relating thereto.

Tables of Costs

Conveyancing Tables - March 2015

The Conveyancing Tables have been updated to reflect the recent changes to transfer duty announced in the Budget, which came into effect on the 01 March 2015.

Registrar's Circulars

Pretoria Registrar's Circular 04/2015

Pretoria Registrar's Circular 04/2015 - to provide guidance regarding the implementation of some resolutions taken at the Registrar's Conference in 2014.

Registrar's Circulars

Pretoria Registrar's Circular 05/2015

Pretoria Registrar's Circular No. 5 of 2015:  Sections 4(1)(b) and 3(1)(v) - Examiners must request any additional documents to prove the allegations in the applications.

Registrar's Circulars

Chief Registrar's Circular 1/2015

Chief Registrar’s Circular No. 1 of 2015: The Collective Investment Scheme in Participation Bonds administered by Blue Bond Investments Limited  has been terminated.

Registrar's Circulars

Pretoria Registrar's Circular 03/2015

Pretoria Registrar's Circular No. 3 of 2015: To provide clarity and guidelines, creating a uniform practice for the procedures to be followed in the establishment of townships.

Registrar's Circulars

Pretoria Registrar's Notice 6/2015

Pretoria Registrar's Notice No. 6 of 2015: Procedure where the liquidator is the developer iro a Sectional Title Plan of Extension ito Section 25 of The Sectional Titles Act.

Law Reports

Spotter's fees

Robert Krautkramer writes that the case of Haigh Farming (Pty) Ltd v E G Elliot Real Estate CC (14175/13) [2014] does not say that a spotter’s fee cannot be claimed.

Registrar's Circulars

Pretoria Registrar's Circular 07/2015

Pretoria Registrar’s Circular No. 7 of 2015: Registration requirements for vesting transfers by Endorsement in terms of Section 16 of the Deeds Registries Act, 47 of 1937.

Tables of Costs

Schedule of Fees - May 2015

Government Gazette No. 38628, Notice No. R.269, sees a new Schedule of Fees of Office for Deeds Registries coming into effect on the 2nd of May.

Registrar's Circulars

Jhb Registrar's Circular 02/2015

Johannesburg Registrar's Circular No 2/2015: clarity about conditions of title imposed ito the Townplanning and Townships Ordinance in favour of the local authority.

Books

Land Reform

Land Reform covers all the legal developments of the all-encompassing land reform programme from the first phase in 1991 to the constitutional dispensation until July 2013.

Tables of Costs

Conveyancing Tables - May 2015

The popular Tables of Costs - ready reckoner has had to be updated to reflect the latest Deeds Office fees which will come into operation on the 2nd of May 2015.

Law Reports

Your house in a trust

The recent Supreme Court of Appeal (SCA) judgment of WT and Others v KT illustrates what happens if your home is registered in the name of a trust and you get divorced.

Registrar's Circulars

Jhb Registrar's Notice

Johannesburg Registrar's Notice: Procedure to be followed so that the new schedule of Deeds Office fees which came into effect on 2nd May can be effectively implemented.

Registrar's Circulars

Jhb Registrar's Notice

Johannesburg Registrar's Notice: A number of measures are going to be introduced with effect from 1 June 2015 to deal with account holders who pay after 30 days.

Registrar's Circulars

Chief Registrar's Circular 02/2015

Chief Registrar's Circular 2 of 2015: Willow Waters Homeowners Association - title deed conditions - status quo remains, regarding consent from Home Owners Associations.

Registrar's Circulars

CPT - Registrar's Notice 1 of 2015

Cape Town Registrar's Notice 1 of 2015: Deeds Office practice and procedures regarding restoration applications and applications for the expedition of registrations.

Registrar's Circulars

Chief Registrar's Circular 03/2015

Chief Registrar's Circular No 3 of 2015: Procedure to be followed in respect of matters referred to the Chief Registrar of Deeds for a review.

Registrar's Circulars

Jhb Registrar's Notice

Johannesburg Registrar's Notice: Requirements to be met in order to ensure that all correspondence letters served upon the interdict section are authentic.

Registrar's Circulars

Cpt Registrar's Circular 03/2015

Cape Registrar’s Circular No. 3 of 2015: the current procedure for issuing copies ito Regulation 68(1) of Act 47/1937 is to be amended with effect from 22 June 2015.

Registrar's Circulars

Pretoria Registrar's Circular 09/2015

Pretoria Registrar's Circular 9 of 2015: to reinforce compliance with the procedure for the holding over of deeds or documents by examiners during the examination process.

Registrar's Circulars

Cpt - Deeds Office Notice

Cape Town Deeds Office Notice: A fee of R150.00 is now being charged for the substitution, adding, amendment or repeal of Management and/or Conduct Rules.

Registrar's Circulars

Chief Registrar's Circular 6/2015

Chief Registrar’s Circular No. 6 of 2015: Deeds Registries Act,  47 of 1937 - Amendment of  a number of Regulations which become effective from 1 August 2015.

Registrar's Circulars

Pta Registrar's Circulars Nos. 10-11

Pretoria Registrar's Circulars Nos. 10 and 11: To regulate access and consultation hours, and to outline the procedure for the issuing of barcodes respectively.

Registrar's Circulars

Chief Registrar's Circular 7/2015

Chief Registrar's Circular No. 7 of 2015: amendments to Sectional Titles Act regulations which effect registration issues and which become effective from 1 August.

Registrar's Circulars

Pta - Registrar's Circulars Nos. 12-13

Pretoria Registrar's Circulars Nos. 12 and 13: About the unlawful processing of deeds and procedures for handling requests for rulings on registration matters respectively.

Registrar's Circulars

Pretoria Registrar's Circular 14/2015

Pretoria Registrar's Circular No. 14 of 2015: Guidelines for the removal of Restrictive Conditions in terms of the Spatial Planning and Land Use Management Act of 2013.

Registrar's Circulars

Pretoria Registrar's Circular 15/2015

Pretoria Registrar's Circular 15 of 2015: Transitional measures to finalize all pending applications before a tribunal established ito s15 of the Development Facilitation Act.

Registrar's Circulars

Pretoria Registrar's Circular 16/2015

Pretoria Registrar's Circular No 16 of 2015: Guidelines for dealing with consents issued by Municipalities in terms of the Spatial Planning and Land Use Management Act.

Registrar's Circulars

Pretoria Registrar's Circular 17/2015

Pretoria Registrar's Circular No. 17 of 2015: Guidelines for dealing with transitional measures ito the Spatial Planning and Land Use Management Act and free training.

Registrar's Circulars

Jhb Registrar's Circular 03/2015

Johannesburg Registrar's Circular No. 3 of 2015: Revised procedure for lodgement and issuing of copies in terms of Regulation 51(2), 68(1), 68(8) and 68(11) DRA.

Registrar's Circulars

Pta Registrar's Circular 18-19/2015

Pretoria Registrar's Circular No's 18 and 19 of 2015: regulating the procedure for late lodgement and all endorsements to be typed by examiners, respectively.

Registrar's Circulars

Pretoria Registrar's Circular 20/2015

Pretoria Registrar's Circular No 20 of 2015: References to documents and notes on the cover of a deed to prevent their removal from or addition to the cover after examination.

Registrar's Circulars

Pretoria Registrar's Circular 21/2015

Pretoria Registrar's Circular 21 of 2015: To regulate the procedure regarding the lodgement of RDP housing transactions for statistical reasons.

Registrar's Circulars

Chief Registrar's Circular 4-5/2015

Chief Registrar's Circular No's 4 and 5 of 2015: Registration of Notarial Deeds ito CRC 10 of 2009 and an Arrowhead name change to Indluplace Properties, respectively.

Registrar's Circulars

Pretoria Registrar's Circular 22/2015

Pretoria Registrar's Circular No 22 of 2015: Addresses issues regarding the updating of database details and the payment of accounts by debtors.

Registrar's Circulars

Chief Registrar's Circular 8-9/2015

Chief Registrar’s Circular No's. 8 and 9 of 2015: Amalgamation of Shell SA Refining and Marketing and conversion of  ABSA Home Loans 101 (RF) Limited respectively.

Registrar's Circulars

Pretoria Registrar's Circular 23/2015

Pretoria Registrar’s Circular No 23 of 2015: References to deed of creation when servitude indicated on General Plan is registered in favour of 3rd Parties.

Registrar's Circulars

Chief Registrar's Circular 10-11/2015

Chief Registrar’s Circular Nos. 10 and 11 of 2015: Change of names of Absa Home Loans Guarantee Company and Thekweni Warehousing Conduit respectively.

Registrar's Circulars

Pretoria Registrar's Circular 24/2015

Pretoria Registrar's Circular No 24 of 2015: Procedures to prevent the issue of a certified copy to replace a deed while the deed is permanently filed in the Deeds Office.

Registrar's Circulars

Pretoria Registrar's Circular 25/2015

Pretoria Registrar's Circular No. 25 of 2015: To outline the procedure for dealing with lost deeds in the office and to centralize the functions relating thereto.

Law Reports

Randburg Management District

Randburg Management District v West Dunes: Gauteng CID Act 12 of 1997 - levies imposed by a city improvement district not validly formed are not recoverable.

Law Reports

Ellis

Ellis and Another v Cilliers N.O and Others: Latent defects and the voetstoots clause, interpretation and application thereof.

Books

Scottish Conveyancing

An Introduction to Basic Scottish Conveyancing has recently been published by Glasgow University and Millar and Bryce as a free online book available to everyone.

Law Reports

Mounthaven (Pty) Ltd

Ethekwini Municipality v Mounthaven(Pty) Ltd: a reversion clause concerning a failure to erect a building is a "debt" which prescribes if not acted upon by the seller.

Registrar's Circulars

Chief Registrar's Circular 12/2015

Chief Registrar’s Circular No 12 of 2015: Registrars' Conference Resolutions and withdrawal of Chief Registrar's Circular No. 16 of 2005.

Registrar's Circulars

Conference Resolutions 2015

At the annual registrars’ conference held in October, 42 matters which affect conveyancing and notarial practice were discussed and appropriate resolutions taken.

2014
Registrar's Circulars

Chief Registrar's Circular 1/2014

CRC No 1 of 2014 - Period of acceptance for lodgment of electronically generated rates clearance certificates extended to 28 February 2014.

Registrar's Circulars

Pretoria Registrar's Circular 03/2014

Pretoria Registrar's Circular 03/2014 - Amendments to various sections of the Deeds Registries Act by the Deeds Registries Amendment Act, (Act No 34 of 2013). 

Registrar's Circulars

Pretoria Registrar's Circular 04/2014

Pretoria Registrar's Circular 04/2014 - lodgement of rates clearance certificates by the City of Johannesburg with regard to Sectional title registrations.

Law Reports

Quartermark Investments

Quartermark - Sale of immovable property which is induced by fraud is null and void  if  there is no intention on the part of the owner to transfer ownership despite registration.

Registrar's Circulars

Chief Registrar's Circular 4/2014

CRC No 4 of 2014 - lodgment of electronically generated rates clearance certificates - Chief Registrar’s Circular No. 1 of 2014 has been withdrawn.

Registrar's Circulars

Chief Registrar's Circular 3/2014

CRC No 3 of 2014 - FNB replaces Absa as a trustee of the Fountainhead Property Trust Scheme.

Law Reports

Kingswood Golf Estate

Jack Crook highlights that buyers and sellers are bound by the written sale agreement and no evidence may be given of its terms except the document itself. 

Registrar's Circulars

Pretoria Registrar's Circular 7/2014

Pretoria Registrar's Circular No. 07 of 2014 - To provide guidance regarding the implementation of some resolutions taken at the Registrars Conference in 2013.

Registrar's Circulars

Pretoria Registrar's Circulars 5&6/2014

Pretoria Registrar's Circular No's. 5 and 6 of 2014 - Guidance for the removal of notes on prep by examiners and acceptance of electronic rates clearance certificates.

Registrar's Circulars

Chief Registrar's Circular 6/2014

Chief Registrar's Circular No. 6 of 2014 - addresses the rejection of certificates issued in terms of Item 28(1) of Schedule 6 of the Constitution of the Republic of South Africa.

Registrar's Circulars

Chief Registrar's Circular 5/2014

Chief Registrar's Circular No. 5 of 2014:  clarity for municipalities, deeds registries and conveyancers regarding the issuing of section 118 clearance certificates.

Registrar's Circulars

Pretoria Registrar's Circular 08/2014

Pretoria Registrar's Circular No. 08 of 2014 - Revised procedure for deeds linked with applications for certified copies, Reg 68(1) and related matters.

Law Reports

Stronger demolition remedy

Dyecomber (Pty) Ltd underlines the growing readiness of courts to order demolition of any building work carried out without approved plans (or otherwise unlawfully).

Law Reports

Basfour

Basfour 2994 v Registrar of Deeds: Free State Townships Ordinance 9 of 1969 - registration of deeds of transfer in respect of erven sold subject to suspensive conditions.

Law Reports

Habitat Council

Min of Local Govt v Habitat Council:  Land Use Planning Ordinance 15 of 1985 - all zoning and subdivision decisions lie within the competence of municipalities.

Registrar's Circulars

Pretoria Registrar's Circular 09/2014

Pretoria Registrar's Circular No. 09 of 2014 - To provide clarity around the uncertainty when to use "NPC" or "Section 21 company" in case of conditions in favour of HOAs.

Law Reports

The mother of disputes

A recent High Court case highlights the dangers of cohabiting without entering into a formal cohabitation agreement, particularly when substantial assets are acquired jointly.

Law Reports

Insolvent after selling

Relebipi Properties CC - Whether a buyer is entitled to the transfer of a property when the seller is declared insolvent after the agreement was entered into.

Registrar's Circulars

Chief Registrar's Circular 8/2014

Chief Registrar's Circular No. 8 of 2014: Deeds rejections and problems municipalities are having with the issuing of rates clearance certificates. CRC 5/2014 is withdrawn.

Registrar's Circulars

Pretoria Registrar's Circular 10/2014

Registrar's Circular No. 10 of 2014 addresses non compliance with CRC 2/2009 regarding the quality of endorsements and amendments made to deeds.

Registrar's Circulars

Chief Registrar's Circular 9/2014

Chief Registrar's Circular No. 9 of 2014: Provisions relating to endorsements for passing immovable property from the various Provincial Housing Development Boards. 

Registrar's Circulars

Chief Registrar's Circular 10/2014

Chief Registrar's Circular No. 10 of 2014: Transfer Duty Exemption Certificates in respect of redistribution agreements and suspension of RCR No's 32/2004 and 5/2013.

Registrar's Circulars

Chief Registrar's Circular 11/2014

Chief Registrar's Circular No. 11 of 2014: Implementation of bond cession registration process to facilitate securitization transactions.

Law Reports

Royal Anthem

Royal Anthem Investments - rouwkoop clause, interpretation of "all amounts" after the sale fell through; liability of conveyancer for interest on amounts stipulated in the order.

Law Reports

A game of homes

The recent SCA judgment of Robarts v Antoni NO (327/2013) underlines once again the need to properly record any and all agreements relating to your property.

Statistics

Cost Recovery Survey - 2014

The results of the Conveyancing Cost Recovery survey we conducted last month among several hundred GhostConvey user firms are out and make interesting reading.

Tables of Costs

Conveyancing Fees - September 2014

The Law Society of South Africa recently issued new Conveyancing Fee Guidelines which apply to instructions received as from 15 September 2014.

Registrar's Circulars

Pretoria Registrar's Circular 11/2014

Pretoria Registrar's Circular No 11 of 2014: To provide guidance for implementing some of the resolutions taken at the Registrars Conference in 2013.

Tables of Costs

Conveyancing Tables - September 2014

The popular Tables of Costs for Conveyancing - ready reckoner has been updated to reflect the latest conveyancing fees which came into effect on 15 September 2014.

Registrar's Circulars

Pretoria Registrar's Circular 12/2014

Pretoria Registrar's Circular 12/2014: Comprehensive notes and guidelines in respect of the rejection of deeds and documents.

Law Reports

Transfer trumps intention

Never assume that you have any rights to a property just because the owner says that he/she intends to give you ownership, even if a sale agreement is signed.

Law Reports

Mitchell

Mitchell v City of Tshwane: Sale in execution - 118(3) security extinguished by transfer; buyer not liable for debts older than two years; services may not be refused.

Law Reports

Royal Anthem Appeal

Stopforth Swanepoel & Brewis v Royal Anthem Investments: right to be heard, procedural and substantive fairness; attorneys not liable for repayment of funds and interest.

Registrar's Circulars

Chief Registrar's Circular 13/2014

Chief Registrar's Circular No. 13 of 2014: Regarding the verification process of CIPC certificates and the necessary conveyancer's verification certificate. 

Registrar's Circulars

Chief Registrar's Circular 12/2014

Chief Registrar's Circular No. 12 of 2014: Impact of the Housing Amendment Act on registration procedures; endorsements and the replacement of CRC 9 of 2014.

Registrar's Circulars

Pretoria Registrar's Circular 13/2014

Pretoria Registrar's Circular No. 13 of 2014: Inter Vivos Trusts - suffixes for the identification of Offices of the Master of the High Court where the trust was registered.

Registrar's Circulars

Chief Registrar's Circular 14/2014

Chief Registrar's Circular No. 14 of 2014: Cession of bonds for securitization purposes and withdrawal of Chief Registrar's Circular 11 of 2014.

Registrar's Circulars

Chief Registrar's Circular 15/2014

Chief Registrar's Circular No. 15 of 2014: Responsibilities of examiners and monitors for the examination actions which they perform.

Tables of Costs

KZN Apportionment of fees

KZN Intra-provincial Apportionment Guidelines, revised to reflect the new conveyancing and notarial fee structures which came into effect on 1st November 2014.

Registrar's Circulars

Chief Registrar's Circular 17/2014

Chief Registrar's Circular No. 17 of 2014: Inter Vivos Trusts - suffixes for the identification of Offices of the Master of the High Court where the trust was registered.

Registrar's Circulars

Chief Registrar's Circular 16/2014

Chief Registrar's Circular No. 16 of 2014: to address a change in the registration number of State owned companies, in instances where the last two digits have changed.

Registrar's Circulars

Pretoria Registrar's Notice 6/2014

Pretoria Registrar's Notice 6 of 2014: Endorsements in respect of incisions; Certificates of Real Rights; and the updating of deeds office data records and X Writing.

Registrar's Circulars

Pretoria Registrar's Circular 18/2014

Pretoria Registrar's Circular 18 of 2014: To outline the procedure to be followed with regard to broken batches. 

Registrar's Circulars

Pretoria Registrar's Notice 8/2014

Pretoria Registrar's Notice 8 of 2014: The importance of Chief Registrar's Circular 15/2014 for examiners and conveyancers with regards to the linking of documents.

Law Reports

HOA's embargo

Russell Warner suggests that in the light of two recent SCA cases, legislation is necessary to allow HOAs to embargo transfers while levies remain unpaid.

2013
Registrar's Circulars

Cape Registrar's Circular 1/2013

Cape Registrar's Circular No. 1 of 2013 - Registrar's Conference Resolutions 2012 - clarification and practice notes of a few of them for implementation.

Registrar's Circulars

Conference Resolutions 2012

At the Annual Registrars’ Conference held in October, 81 matters which affect conveyancing and notarial practice were discussed and resolutions taken.

Law Reports

Savannah Park

Body Corporate of Savannah Park v Brainwave - Developer’s right of extension is a right to develop a section of the common property, not to commercially exploit it. It is not a usufruct.

Books

Sectional Title Templates Book

Paddocks Sectional Title Templates Book by Prof Graham Paddock has 50 useful templates that are needed in the day-to-day activities of sectional title schemes.

Tables of Costs

Conveyancing Fees - March 2013

The Law Society of South Africa recently issued new Conveyancing Fee Guidelines which apply to instructions received as from 1 March 2013.

Tables of Costs

Conveyancing Tables - March 2013

The popular Tables of Costs - ready reckoner has been updated to reflect the latest Conveyancing Fee Guidelines which come into effect on 1st March 2013.

Registrar's Circulars

Chief Registrar's Circular 1/2013

Chief Registrar's Circular No. 1/2013 - Certain registration issues relating to the endorsement of deeds under the SA National Roads Agency Limited and National Roads Act. 

Registrar's Circulars

Chief Registrar's Circular 2/2013

Chief Registrar's Circular No. 2/2013 - Issuing of Item 28(1) Certificates in terms of Schedule 6 of the South African Constitution and repeal of CRC 9 of 2008.

Registrar's Circulars

Chief Registrar's Circular 3/2013

Chief Registrar's Circular No. 3/2013 - Change of name: Sanlam Home Loans Guarantee Company (Pty) Limited to ABSA Home Loans Guarantee Company (Pty) Limited.

Tables of Costs

Intra-provincial apportionment

The KZN Intra-provincial Apportionment Guidelines have been revised to reflect the new conveyancing and notarial fee structures which came into effect on 1st March 2013.

Registrar's Circulars

Pretoria Registrar's Circular 01/2013

Registrar's Circular No. 01/2013 - Deeds must not be rejected because conditional Regulation 38 certificates - dated on or before 15th April - are lodged with them. 

Tables of Costs

Schedule of Fees - May 2013

Government Gazette No. 36306, Notice No. R.241, sees a new Schedule of Fees of Office for Deeds Registries coming into effect on the 2nd of May.

Registrar's Circulars

Chief Registrar's Circular 4/2013

Chief Registrar's Circular No. 4/2013 - Deeds Registries Act, amendment of regulations which are effective from 15 April 2013.

Registrar's Circulars

Chief Registrar's Circular 5/2013

Chief Registrar's Circular No. 5/2013 - Sectional Titles Act, amendment of regulations which are effective from 15 April 2013.

Tables of Costs

Conveyancing Tables - May 2013

The popular Tables of Costs - ready reckoner has had to be updated to reflect the latest Deeds Office fees which will come into operation on the 2nd of May 2013.

Registrar's Circulars

Chief Registrar's Circular 6/2013

Chief Registrar's Circular No.6/2013 - Conversion by VKB Landbou Beperk from being a public company into a private company.

Law Reports

Margalit Appeal

Margalit v Standard Bank of SA Ltd - Delayed transfer - conveyancing attorney liable for damages suffered by seller of property due to his negligence in causing delay.

Law Reports

Banda

Banda v Van der Spuy - fraudulent concealing of latent defects with defective repairs vitiates the effect of the voetstoots clause. 

Registrar's Circulars

Jhb - Registrar's Circular 01/2013

Johannesburg Registrar's Circular No. 1 of 2013 - TDR or exemption certificates regarding leases and mala fide practices regarding rates clearance certificates. 

Registrar's Circulars

Chief Registrar's Circular 7/2013

Chief Registrar's Circular No.7/2013 - Subdivision of section 25 right and suspension of  RCR 70(c) of 2011 and RCR 56 of 2012.

Registrar's Circulars

Jhb - Registrar's Circular 02/2013

Johannesburg Registrar's Circular No. 2 of 2013 - Revised lodgment procedure in terms of Regulations 68(1) and 68(8), expediting transactions, and some admin matters. 

 

Registrar's Circulars

Pretoria Registrar's Circular 02/2013

Pretoria Registrar's Circular No. 02/2013 - Backlog:  The requirement to obtain permission to put forward deeds which are on preparation has been suspended. 

Law Reports

Tshwane Municipality v Mathabathe

Tshwane Municipality v Mathabathe - Roelie Rossouw sees an added burden for conveyancers to ensure that properties they are transferring are free of all municipal debts. 

Law Reports

City of Tshwane v Blom

City of Tshwane v Blom - list of rateable property categories ito s 8(1) s 8(2) of the Municipal Property Rates Act not exhaustive: municipality can add one of 'non-permitted use'.

Registrar's Circulars

Pretoria Registrar's Notice 08/2013

Pretoria Registrar's Notice to examiners - 08/2013:  Until further notice HOA clearance certificates are necessary where a property is sold by the trustee in an insolvent estate. 

Registrar's Circulars

Chief Registrar's Circular 10&11/2013

Chief Registrar's Circulars No's. 10 and 11 of 2013 - Change of name of Exxaro TSA Sands and FNB replaces Absa as a trustee of the Emira Property Scheme respectively.

Registrar's Circulars

Chief Registrar's Circular 8&9/2013

Chief Registrar's Circulars No's.8 and 9 of  2013  - Anglo Operations Limited converted into private company and Pretoria Portland Cement changes its name respectively. 

Registrar's Circulars

Chief Registrar's Circular 12&13/2013

Chief Registrar's Circulars No's. 12 and 13 of 2013 - Transfer of business from Metropolitan to MMI; and Old Mutual Bank change of name and conversion, respectively. 

Registrar's Circulars

Chief Registrar's Circular 14&15/2013

Chief Registrar's Circulars No's. 14 and 15 of 2013 - FNB replaces Absa as a trustee of the Capital Property Trust Scheme and De Beers is now a private company.

Law Reports

Booysen

Booysen and Others v Booysen and Others 2012 (2) SA 38 (GSJ) -  application of section 2 of the Alienation of Land Act  to the sale of land by a surviving spouse.

Registrar's Circulars

Chief Registrar's Circular 16/2013

Chief Registrar's Circulars No. 16 of 2013 - Conversion from private company into a public company concerning Sappi Southern Africa Limited.

Registrar's Circulars

Chief Registrar's Circular 17&18/2013

Chief Registrar's Circulars No's. 17 and 18 of 2013 - FNB replaces Absa as a trustee of the Sycom Property Fund and Private Residential Mortgages is now a public company.

Registrar's Circulars

Pretoria Registrar's Notice 10/2013

Pretoria Registrar's Office Notice 10 of 2013 -  Abbreviations relating to Companies and Close Corporations, clarity about what is and what is not permitted. 

Law Reports

Mendelow

Nedbank Limited v Mendelow NO - if there is no intention by a beneficiary to transfer ownership of immovable property, registration does not effect such transfer.

Law Reports

De Klerk

Minister of Agriculture v De Klerk: whether conveyancer agent of seller or of purchaser in receiving payment of the purchase price from purchaser before payment due to seller.

Registrar's Circulars

Pretoria Registrar's Notice 10A/2013

Pretoria Registrar's Office Notice 10A of 2013 - Clarity is given to the recent confusion about the use of abbreviations regarding Companies and Close Corporations.

Registrar's Circulars

Pretoria Registrar's Circular 09/2013

Pretoria Registrar's Circular No. 09 of 2013 - lodgement of rates certificates for opening of schemes, phase developments, subdivisions and first transfers from townships.

Registrar's Circulars

Chief Registrar's Circular 19&20/2013

CRCs No's. 19 and 20 of 2013 - FNB replaces Absa as a trustee of SA Corporate Real Estate Trust Scheme and termination of Absa Participation Bond Fund, respectively.

Registrar's Circulars

Pretoria Registrar's Circular 10/2013

Registrar's Circular No. 10 of 2013 - procedural changes for the preparation section and execution room regarding problems with multiple final black booking of deeds.

Registrar's Circulars

Pretoria Registrar's Circular 11/2013

Pretoria Registrar's Circular No. 11 of 2013 - lodgement of rates certificates for opening of schemes, phase developments, subdivisions and first transfers from townships.

Registrar's Circulars

Pretoria Registrar's Circular 12/2013

Pretoria Registrar's Circular No.12 of 2013 - To change archive section procedures regarding missing books and files; and to generate fees for viewing a record.

Registrar's Circulars

Conference Resolutions - 2013

At the Annual Registrars’ Conference held in October, 64 matters which affect conveyancing and notarial practice were discussed and resolutions taken.

Law Reports

Haviside v Heydricks

Haviside v Heydricks and Another - voetstoots clause, applicability and interpretation thereof to seller’s statutory noncompliance with municipal bylaws.

Registrar's Circulars

Chief Registrar's Circulars 22-26/2013

CRCs No's 22 to 26 of 2013 - Conversion from a private company into a public company of Blue Granite Investments (Nos 1 to 4) and Greenhouse Funding seriatim.

Registrar's Circulars

Jhb Deeds Office closure

Jhb Deeds Office Notice - the cut off date for the lodgment of deeds and documents to be registered by 30 December is 06 December 2013.

Registrar's Circulars

Chief Registrar's Circular 27/2013

Chief Registrar's Circular No 27 of 2013 - Recognition of Customary Marriages Act, Circular No. 4 of 2009 is withdrawn and substituted with this Circular. 

Registrar's Circulars

Chief Registrar's Circular 28/2013

Chief Registrar's Circular No. 28 of 2013 - Clarity brought to the uncertainty about the names (suffixes) of companies as provided for in the Companies Act of 2008.

Registrar's Circulars

Pretoria Registrar's Circular 14/2013

Pretoria Registrar's Circular No.14 of 2013 - To introduce a new procedure of endorsing permanently filed titles with effect from 09 December 2013.

Registrar's Circulars

Chief Registrar's Circulars 29&30/2013

CRCs No's 29 and 30 of 2013 - Lodgment of rates clearance certificates that do not comply with the provisions of the Local Government: Municipal Systems Act.

2012
Law Reports

Rademeyer

Rademeyer v Viljoen and Another (69/11) [2011] ZASCA 189 (3 November 2011) - necessity for property buyers to expressly agree that the deposit be held in trust pending transfer.

Statistics

2011 Transfers

A table and graph provided by WinDeed showing the total number of monthly property transfers registered by Deeds Office for 2011.

Registrar's Circulars

Chief Registrar's Circular 1/2012

Chief Registrar's Circular 1/2012 - Rectification of title deeds and updating of deeds registry records regarding the vesting of state land.

Registrar's Circulars

Chief Registrar's Circular 2/2012

Chief Registrar's Circular 2/2012 - Application of Section 25(13) of the Sectional Titles Act with regard to the Roseparkadmin CC judgement.

Registrar's Circulars

Chief Registrar's Circular 3/2012

Chief Registrar's Circular No 3/2012 - Companies Amendment Act (Act 3 of 2011).  Repeal of CRC 6 of 2011 concerning correct names (suffixes) of companies.

Tables of Costs

Schedule of Fees - April 2012

In terms of Government Gazette No. 35083 Notice No. R.166, a new Schedule of Fees of Office as prescribed by regulations 84 and 86 will come into effect on the 1st of April.

Registrar's Circulars

Chief Registrar's Circular 4/2012

Chief Registrar's Circular No 4/2012 - Collective Investment Schemes Control Act (Act 45 of 2002). Change of trustee.

Tables of Costs

Conveyancing Tables - April 2012

The Conveyancing Tables have been redesigned and updated to reflect the latest Schedule of Deeds Office Fees which come into effect on 1st April 2012.

Law Reports

Johl

Johl and Another v Nobre and Others (23841/2010 [2012] ZAWCH 20) - servitude of right of way, what constitutes reasonableness in exercising it.

Law Reports

Ngwenyama

Ngwenyama v Mayelane & another  concerns the interpretation of s 7(6) of the Recognition of Customary Marriages Act, and raises a conveyancing question. 

Books

HOA Survival Manual

The recently published Home Owners’ Association Survival Manual by Prof. Graham Paddock should be a welcome resource for all home owners' association members.

Statistics

GhostConvey 2012 Survey

It's back: this year's 2012 GhostConvey  Survey into the conveyancing profession in South Africa is out and ready to be completed in a couple of minutes.

Law Reports

Yonda Investments

Yet another warning to have your sale documents professionally checked before you sign them comes from a recent North Gauteng High Court case.

Registrar's Circulars

Chief Registrar's Circular 5/2012

Chief Registrar's Circular No 5/2012 - Conversion from a private company into a public company of Arrowhead Properties.

Law Reports

Royal Hotel

Royal Hotel v Simon NO - interpretation of a praedial servitude to park, breach thereof and the erection of a building on a substantial portion of servitude area.

Registrar's Circulars

Cape Registrar's Circulars 6 and 7/2012

Cape Registrar's Circular 6/2012 - Processes in respect of the Land Titles Adjustment Act  and Cape Registrar's Circular 7/2012 - New SARS e-Transfer Duty receipts.

Statistics

Conveyancing 2012 Results

The illuminating and interesting results of the Conveyancing 2012 Survey which we ran in August and September this year are out.

Law Reports

Dubs v Dubs

Jack Crook comments on the recent case of Dubs v Dubs which highlights the potential pitfalls of joint property ownership between (married and unmarried) couples. 

Registrar's Circulars

Bloem Registrar's Circular 09/2012

Bloemfontein Registrar's Circular 9/2012 - New SARS e-Transfer Duty receipts, introduction and examples thereof.

Law Reports

Adlem v Arlow

Adlem v Arlow - Subdivision of Agricultural Land Act 70 of 1970 - interpretation of the word 'portion' as meaning a part of  property (as opposed to the whole property).

Statistics

Lodgements vis-a-vis Rejections

Three tables showing the number of deeds lodged at each Deeds Office from 2006 to 2010 and the number of rejections filed over the same period.

Books

Practitioner's Guide 2013 Update

The Practitioner's Guide to Conveyancing and Notarial Practice (2013 Update) by Allen West has just been published by the Association of Law Societies.

2011
Registrar's Circulars

Chief Registrar's Circular 10/2010

Chief Registrar's Circular No. 10 of 2010 - Amendment of the Deeds Registries Act by the Deeds Registries Amendment Act No. 12 of 2010.
 

Registrar's Circulars

Chief Registrar's Circular 11/2010

Chief Registrar's Circular No. 11 of 2010 - Amendment of the Sectional Titles Act by the Sectional Titles Amendment Act No. 11 of 2010.
 

Registrar's Circulars

Chief Registrar's Circular 2/2011

Chief Registrar's Circular No. 2 of 2011 - Conditions relating to mineral rights in title deeds to immovable property.
 

Registrar's Circulars

Chief Registrar's Circular 1/2011

Chief Registrar's Circular No. 1 of 2011 - Transfer of assets of Meeg Bank Limited to Absa Bank Limited.
 

Tables of Costs

Conveyancing Tables - February 2011

The Conveyancing Tables have been updated to reflect the recent changes to transfer duty announced in the Budget and which came into effect from the 23 February 2011.

Registrar's Circulars

Chief Registrar's Circular 3/2011

Chief Registrar's Circular No. 3 of 2011 - Change of name: Chesterfin (Pty) Ltd to Chester Finance (Pty) Ltd.
 

Registrar's Circulars

Chief Registrar's Circular 4/2011

Chief Registrar's Circular No. 4 of 2011 - immediate suspension of implementation of Registrars' Conference Resolutions Nos. 46, 47 and 62 of 2010.
 

Law Reports

Kruger

Kruger v Property Lawyer - Bridging finance - undertaking by transferring attorney to pay against registration of transfer from proceeds of sale.

Books

Practitioner's Guide on CD

A new, completely revised second edition of the Practitioner's Guide to Conveyancing and Notarial Practice in electronic e-book format was published recently. 

Registrar's Circulars

Chief Registrar's Circular 6/2011

Chief Registrar's Circular No. 6 of 2011 - Impact of certain amended provisions of the Companies Act on deeds registration procedures.

Registrar's Circulars

Chief Registrar's Circular 7/2011

Chief Registrar's Circular No. 7 of 2011 - Application of section 25(13) of the Sectional Titles Act - suspension of RCR 2 of 2009.

Registrar's Circulars

Cape Registrar's Notice 03/11

Cape Registrar’s Notice No. 3 of 2011 concerns billing on registration and the implementation of a changed fee billing system by the Chief Registrar of Deeds, effective from 1 August 2011.

Law Reports

Margalit

Standard Bank of South Africa Ltd and Another v Margalit (25966/06) [2011] ZAGPJHC 58 - Bond cancellation - liability  of bank and  attorneys for non-cancellation.

Law Reports

Netshituka

Netshituka -  Customary Law - clear direction given to validity or non-validity of civil marriages and necessary proof thereof for conveyancers.  

Statistics

Conveyancing 2011 Survey

It's back with some old and many new questions, the almost annual GhostDigest survey about conveyancers, conveyancing secretaries and the conveyancing environment. 

Law Reports

Resnekov

Resnekov v Cohen - dispute between neighbours over addition to property - whether restriciton constitutes a praedial or a personal servitude.

Registrar's Circulars

Cape Registrar's Circular 04/2011

Cape Registrar's Circular 4/2011: Sale in execution by a sheriff in accordance with a Magistrates Court attachment.

Registrar's Circulars

Cape Registrar's Circular 5/2011

Registrar's Circular 5/2011 - Application of Companies Act 71 of 2008 and of Chief Registrar's Circular 6 of 2011 with an Attorneys Association Guide addressing problems.

Registrar's Circulars

Chief Registrar's Circulars 8 and 9/2011

Chief Registrar's Circular No. 8 of 2011 - Incorporation of Vrystaat Koöperasie Beperk as VKB Landbou Beperk, and No. 9 of 2011 - Declaration of National Roads.

Registrar's Circulars

Registrar's Circular 10/2011

Chief Registrar's Circular No. 10 of 2011 - implementation from 28 October of the extensive amendments to the regulations of the Sectional Titles Act.

Law Reports

Wakefields Real Estate

Wakefields Real Estate v Attree (666/10) [2011] ZASCA 160 - when is an estate agent the effective cause of a sale and entitled to commission?

Statistics

Conveyancing ethics survey

The results of the Conveyancing Ethics Survey which we ran with Gustav Radloff via e-mail to conveyancers in July.

Law Reports

Tiffski

Meyer de Waal asks, "Mortgage bonds: Is the Tiffski judgment a bank's worst nightmare?"

Statistics

Conveyancing 2011 Results

The results of the Conveyancing 2011 Tipping Point Survey which we ran in August and September this year are out.

Registrar's Circulars

Conference Resolutions 2011

Over 80 resolutions were passed at the 2011 Registrars' Conference held recently.

Books

Practitioner's Guide 2012 Update

The 2012 update to this indispensable vade mecum for conveyancers has just been published by the Association of Law Societies.

2010
Law Reports

Hoofar

Hoofar Investments (Pty) Ltd - Duty of seller to pay municipal rates and charges.

Registrar's Circulars

Chief Registrar's Circulars 11 - 13/2009

Chief Registrar's Circulars No.11 to13 of 2009 - Changes of name of Mittal Steel, Interfusion Finance and the transfer of Mercantile Bank Assets.
 

Registrar's Circulars

Chief Registrar's Circular 1/2010

Chief Registrar's Circular No.1 of 2010 - Cancellation of registration of a lost or destroyed bond.
 

Registrar's Circulars

Pmb Registrar's Circular 1/2010

Pietermaritzburg Registrar's Circular No.1 of 2010 - Implementation of Registrars' Conference Resolutions of 2009.

Law Reports

Pappalardo

Pappalardo v Hau - neighbour law, drainage of rainwater, whether lower owner has to accept water from higher owner's property.

Law Reports

Executable properties

Firstrand Bank Ltd v Maleke and Three Similar Cases 2010 (1) SA 143 (GSJ) - National Credit Act: Declaring immovable properties executable.

Registrar's Circulars

Cape Registrar's Circular 4/2010

Cape Town Registrar's Circular No.4 of 2010 - To provide clarification in the application of the Registrars' Conference Resolutions of 2009.
 

Law Reports

A duty to protect

A conveyancer has a duty to reasonably protect the interests of both the buyer and seller even though he is instructed by one of them - here the seller.

Registrar's Circulars

Chief Registrar's Circular 1/2002

The attention of conveyancers is drawn to Chief Registrar's Circular No.1 of 2002 - The South African National Roads Agency Limited.
 

Law Reports

Rockbreakers

Rockbreakers and Parts v Rolag Property Trading (498/08) [2009] ZASCA 102 - Alienation of land - non signed suspensive condition counter offer.

Law Reports

Northview

Northview Shopping Centre v Revelas Properties (275/09) [2010] ZASCA - Section 2(1) Alienation of Land Act - authority of agent not a member of a CC, signing on behalf of it.

Registrar's Circulars

Chief Registrar's Circular 2/2010

Chief Registrar's Circular No.2 of 2010 - Applications in terms of Section 4(1)(b) of the Deeds Registries Act - requirements and limitations.
 

Registrar's Circulars

Chief Registrar's Circulars 3 and 4/2010

Chief Registrar's Circulars No.3 and No.4 of 2010 - concern amendments to the Sectional Titles Act and Deeds Registries Act respectively.
 

Law Reports

Simcha

Simcha Properties v San Marcus Properties - s288 of Companies Act - directors authorisation by sole shareholder to dispose of company's sole asset.

Registrar's Circulars

Chief Registrar's Circular 5/2010

Chief Registrar's Circular No.5 of 2010 - concerns the prohibition of expediting deeds other than deeds relating to land reform transactions.
 

Tables of Costs

Schedule of fees – Sept 2010

In terms of Government Gazette No. 33413 Notice No. R.659, a new Schedule of Fees of Office as prescribed by regulations 84 and 86 will come into operation next month.

Tables of Costs

Conveyancing Tables - September 2010

Changes have been made to theRecommended Guideline of Fees for Conveyance of Immovable Property to reflect the new Schedule of Fees which comes into effect on 1st September.

Statistics

Survey 2010

The long awaited 2010 GhostDigest Survey into Conveyancing in South Africa has arrived and is ready for you to complete if you missed the earlier mailshot.

Registrar's Circulars

Chief Registrar's Circular 7/2010

Chief Registrar's Circular No.7 of 2010 - Amended Schedule of Fees and the practice to be followed with regard to item 1(a).
 

Books

Flemming 's National Credit Act

An expanded, comprehensive Second Edition of Flemming's National Credit Act has been published.

Law Reports

Solarie

Solarie v Solarie and Others - Cape High Court stamps down City of Cape Town's housing policy in favour of Muslim women.
 

Law Reports

Zoning – be warned

Jack Crook highlights a recent High Court case which sounded a warning to developers not to rely on the local authority to know the correct zoning of one's property.
 

Statistics

Cape Town 2010

Responses from 169 law firms, representing 218 conveyancing partners and 396 conveyancing secretaries were received.

Statistics

Durban 2010

Responses from 62 law firms, representing 74 conveyancing partners and 122 conveyancing secretaries were received.

Statistics

Bloemfontein 2010

Responses from 20 law firms, representing 22 conveyancing partners and 39 conveyancing secretaries were received.

Statistics

Pietermaritzburg 2010

Responses from 29 law firms, representing 39 conveyancing partners and 100 conveyancing secretaries were received.

Statistics

PE and East London 2010

Responses from 46 law firms, representing 67 conveyancing partners and 146 conveyancing secretaries were received.

Statistics

Conveyancing Survey 2010 Results

The process of unpacking the results of the GhostDigest survey of the conveyancing profession has ended. This week sees the comparative summary of all the regions and conclusions, findings and opinions compiled in a Word document.

Registrar's Circulars

Registrar's Circular 8 and 9/2010

Chief Registrar's Circulars No.8 and No.9 of 2010 - Changes of name of Aspire Financial Services and Imperial Bank.

Statistics

Johannesburg - South 2010

Responses from 23 law firms, representing 26 conveyancing partners and 86 conveyancing secretaries were received.

Statistics

Johannesburg - West 2010

Responses from 44 law firms, representing 55 conveyancing partners and 125 conveyancing secretaries were received.

Statistics

Johannesburg - East 2010

Responses from 29 law firms, representing 31 conveyancing partners and 91 conveyancing secretaries were received.

Statistics

Johannesburg - Sandton 2010

Responses from 77 law firms, representing 171 conveyancing partners and 234 conveyancing secretaries were received.

Statistics

Potchefstroom 2010

Responses from 15 law firms, representing 14 conveyancing partners and 25 conveyancing secretaries were received.

Statistics

Pretoria 2010

Responses from 118 law firms, representing 172 conveyancing partners and 284 conveyancing secretaries were received.

Statistics

Nelspruit 2010

Responses from 17 law firms, representing 23 conveyancing partners and 54 conveyancing secretaries were received.

Statistics

Polokwane 2010

An anaemic response from 8 law firms, representing 6 conveyancing partners and 12 conveyancing secretaries were received.

Registrar's Circulars

Cape Registrar's Circular No. 5/2010

Cape Town Registrar's Circular No.5 of 2010 - withdrawal of Registrar's Circular No.1 of 2005 with immediate effect.

Registrar's Circulars

Cape Registrar's Circular No. 6/2010

Cape Town Registrar's Circular No.6 of 2010 - Implementation of RCR 48/2009 and CRC 11/2004.
 

Registrar's Circulars

Conference Resolutions 2010

Almost 90 resolutions were passed at the 2010 Registrars' Conference held recently.
 

Books

The Law of Neighbours

The Law of Neighbours by A J Van der Walt is a recent book which in revisiting and reassessing neighbour law is sure to become a standard reference work.

Books

Sectional Titles

Sectional Titles by G J Pienaar is a welcome introduction to sectional titles, share blocks, property time-sharing and retirement schemes and their importance as essential forms of urban property holding.
 

2009
Registrar's Circulars

Chief Registrar's Circular 1/2009

Chief Registrar's Circular No.1 of 2009 - Application of sections 45, 45bis and 45bis(1A) on exclusive use areas and real rights of extension.
 

Registrar's Circulars

Chief Registrar's Circular 2/2009

Chief Registrar's Circular No.2 of 2009 - Mechanisation: Data capturing and scanning of registered deeds and documents.
 

Registrar's Circulars

Chief Registrar's Circular 3/2009

Chief Registrar's Circular No.3 of 2009 - Change of name of Eyesizwe Coal to Exxaro Coal Mpumalanga.
 

Registrar's Circulars

Chief Registrar's Circular 4/2009

Chief Registrar's Circular No. 4 of 2009 -  The Recognition of Customary Marriages Act, 1998 (Act No. 20 of 1998).

Registrar's Circulars

Thoughts on Resolutions

Dudley Lee pens some trenchant thoughts on the 2008 Registrars Conference Resolutions.
 

Law Reports

JR 209 Investments

JR 209 Investments (Pty) Ltd v Pine Villa Estates (Pty) Ltd (617/07) - Validity of a deed of sale of land; whether the description of property alienated was sufficiently clear.

Registrar's Circulars

Chief Registrar's Circular 5/2009

Chief Registrar's Circular No.5 of 2009 - Stamp Duties Act as repealed by the Revenue Laws Amendment Act.
 

Law Reports

Dolphin Whisper

Dolphin Whisper Trading 10 (Pty) Ltd v The Registrar of Deeds and Another - Developer's real right to extend and section 25(13) of the Sectional Titles Act.

Statistics

Figures

Two graphs graphically illustrating the change in the value and number of bonds and transfers registered over the last few years until March this year.

Law Reports

Ashington

Ashington & Another v Body Corporate of Dryden Hall & Another [2009] JOL 23405 (D) unfulfilled suspensive conditions.

Registrar's Circulars

Cape Town Registrar's Notice 2 of 2009

Cape Registrar's Notice No 2 of 2009 - New Procedure for the issuing of a certified copy in terms of Regulation 68(1) of Act 47 of 1937.
 

Registrar's Circulars

Chief Registrar's Circular 6/2009

Chief Registrar's Circular No. 6 of 2009 - Legal Succession to the South African Transport Services Act (No. 9 of 1989).
 

Registrar's Circulars

Chief Registrar's Circular 7/2009

Chief Registrar's Circular No. 7 of 2009 - Repeal of the Bible Society of South Africa Act, No. 15 of 1970.
 

Law Reports

Execution

Sheriff of the High Court, Hlabisa & Nongoma v Shobede: In re FirstRand Finance Company Ltd [2009] JOL 23544 (KZP) - cancelling an execution sale.

Books

The Practitioner's Guide (second edition)

This indispensable work has been completely revised, updated and is now available on CD.

Tables of Costs

Conveyancing fees guidelines

The Recommended Guideline of Fees for Conveyance of Immovable Property as recommended by the Law Society of South Africa come into effect from the 1st of July.

Tables of Costs

Apportionment of fees

Documents setting out the recommended guidelines relating to the apportionment of fees and wasted costs.

Registrar's Circulars

Chief Registrar's Circular 9/2009

Chief Registrar's Circular No. 9 of 2009 - Alterations and errors in transfer duty receipts.
 

Registrar's Circulars

Cape Town Registrar's Circular 3/2009

Cape Registrar's Circular No 3 of 2009 - Levying of rates for real rights registered over immovable property.
 

Registrar's Circulars

Cape Town Registrar's Circular 3/2009

Cape Registrar's Circular No 3 of 2009 - Levying of rates for real rights registered over immovable property.
 

Tables of Costs

Conveyancing Tables - July 2009

The Recommended Guideline of Fees for Conveyance of Immovable Property as recommended by the Law Society of South Africa come into effect from the 1st of July.

Law Reports

Hunkydory

Hunkydory Investments Disposal and section 228 of the Companies Act - is a special resolution necessary when registering a mortgage bond?

Law Reports

Sewpersadh

Sewpersadh v Dookie (231/08) [2009] ZASCA 78 - Sale of land - termination of agreement of sale - whether conduct of parties after valid cancellation thereof tantamount to a revival of the agreement.

Law Reports

Withok

Withok Small Farms Pty (Ltd) v Amber Sunrise Properties Ltd (664/07) [2009] ZASCA 131 - Sale by public auction - 'Agreement and Conditions of Sale' signed by purchaser.

Law Reports

Lombard

Lombard Insurance Company Ltd v Landmark Holding (Pty) Ltd and others (343/08) [2009] ZASCA 71 (1 June 2009) - relationship between a guarantee and its underlying agreement.

Law Reports

Bester

Bester NO v Nel and Others (including the Registrar of Deeds) [2009] JOL 22977 (T) - Deeds Office rejection of interpretation of a will.

Law Reports

Kovacs

Kovacs Investments 724 (Pty) Ltd v Marais (323/08) [2009] ZASCA 84 - Substitution of manner of performance required in a 'subject to' clause.

Law Reports

Environmental Management Act

Hangklip/Kleinmond Federation of Ratepayers Associations - Relevant factors when approving a development in terms of the National Environment Management Act.

Law Reports

Verbal nomination agreement

Du Toit Group (Pty) Ltd v Van Breda and Others - implications of a verbal nomination agreement to purchase property on behalf of another.

Registrar's Circulars

Conference Resolutions 08(1)

George Tsotetsi discusses twenty two of the seventy resolutions taken at the 2008 Registrars Conference.
 

Registrar's Circulars

Conference Resolutions 08(2)

George Tsotetsi continues in his discussion of twenty two of the seventy resolutions taken at the 2008 Registrars Conference.
 

Law Reports

Obey

Van Rensburg NO - obey restrictive title conditions or risk the court ordering you to demolish offending parts.

Registrar's Circulars

Conference Resolutions 08(3)

George Tsotetsi ends his discussion of twenty two of the seventy resolutions taken at the 2008 Registrars Conference.
 

Registrar's Circulars

Conference Resolutions 2009

Over 70 resolutions were passed at the 2009 Registrars' Conference held recently.
 

2008
Law Reports

Eloff v Dekker

Eloff v Dekker - suspensive clauses in sale agreements with regard to the alleged waiver of the rights gained/benefits of such a condition.

Law Reports

Just Names

Just Names Properties v Fourie [2007] SCA 126 (RSA) - sellers signing blank page in an agreement of sale.

Tables of Costs

Conveyancing Tables - 2008

This year's Tables of Costs - ready reckoner (a repeat) is out.

Registrar's Circulars

Pretoria Registrar's Circular 1/2008

Pretoria Registrar's Circular No.1 of 2008 - Server crisis and loss of scanned images.
 

Registrar's Circulars

Chief Registrar's Circular 1/2008

Chief Registrar's Circular No.1 of 2008 - Children's Act, No. 38 of 2005, coming into operation of sections 17 and 18 and their effect on deeds registries.
 

Books

The Practitioner's Guide to Conveyancing and Notarial Practice (9th Issue)

This indispensable work has been reviewed and updated.

Books

The ABC of Conveyancing

The ABC of Conveyancing by Lizelle Kilbourn is a book which is sure to become a standard reference work.
 

Law Reports

Taljaard

Taljaard v Botha Properties (666/06) [2008] ZASCA 38 (28 March 2008) - estate agent not entitled to remuneration if functions performed in absence of fidelity fund certificate.

Law Reports

Shaik and Others

Shaik & others v Pillay & others [2007] JOL 20893 (N) - pitfalls involving contracts for the sale of members' interests in immovable property.

Law Reports

Fairoaks

Fairoaks Investment v S Oliver (268/07) [2008] ZASCA 41. Sale of land - agreement of sale lapsed because of non-fulfilment of suspensive condition.

Law Reports

Koumantarakis

Koumantarakis Group CC v Mystic River Investment 45 (Pty) Ltd - guarantees for the deposit or purchase price.

Registrar's Circulars

Registrar's Circular 4/2008

Pietermaritzburg Registrar's Circular No.4 of 2008 - First transfers in terms of section 64(1) of the Development Facilitation Act No 67 of 1995.
 

Law Reports

Soni

First Rand Bank v Soni [2007] JOL 21006 (N) - failure to meet bond repayments after an agreement of sale entered into.

Law Reports

Linvestment CC

Linvestment CC v Hammersley (634/2006) [2008] ZASCA 1 - servitudes - right of way - relocation at instance of owner of servient tenement - when allowed.

Law Reports

Walele

Walele v City of Cape Town and Others CCT 64/07 [2008] ZACC 11 - Municipal approval of building plans - more problematic.

Registrar's Circulars

Resolutions 2007

Allen West draws attention to Registrars' conference resolutions which effect the day to day practice of conveyancing.
 

Registrar's Circulars

Chief Registrar's Circular 4/2008

Chief Registrar's Circular No.4 of 2008 - Astronomy Graphic Advantage Act (Act No. 21 of 2007).
 

Law Reports

Wary

Wary Holdings (Pty) Ltd v Stalwo (Pty) Ltd and Others (CCT 78/07) [2008] ZACC 12.

Law Reports

Frazer

Frazer v Viljoen [2008] ZASCA 24 - incomplete pro forma agreement of sale - non compliance with s 2(1) of Alienation of Land Act.

Registrar's Circulars

Johannesburg Registrar's Circular 1/2008

Johannesburg Registrar's Circular No.1 of 2008 - Rates clearance certificates: sectional titles units.
 

Registrar's Circulars

Pretoria Registrar's Circular 2/2008

Pretoria Registrar's Circular No.2 of 2008 - Rates clearance certificates: sectional titles units.
 

Statistics

Survey II

Over three years have passed since the first conveyancing survey, we thought it was about time the GhostDigest conducted another one …

Law Reports

Odendaal

Odendaal v Ferraris (422/2007) [2008] ZASCA 85 - patent defects, voetstoots clause.

Registrar's Circulars

Chief Registrar's Circular 6/2008

Chief Registrar's Circular No.6 of 2008 - Certificates in terms of Item 28(1) of the Constitution.
 

Registrar's Circulars

Cape Town Registrar's Circular 5/2008

Cape Town Registrar's Circular No. 5 of 2008 - Massing and Adiation, Trusts and Section 40 Endorsements.
 

Registrar's Circulars

Chief Registrar's Circular 7/2008

Chief Registrar's Circular No.7 of 2008 - Agricultural Debt Management Repeal Act (Act No. 15 of 2008).
 

Tables of Costs

Conveyancing Tables - October 2008

The latest Tables of Costs - ready reckoner reflecting Deeds Office changes to the Fees Schedule is out.

Registrar's Circulars

Chief Registrar's Circular 8/2008

Chief Registrar's Circular No.8 of 2008 - Lodgement of Rates Clearance Certificates in terms of s118 of the Municipal Systems Act (Act No. 32 of 2000).
 

Registrar's Circulars

Chief Registrar's Circular 9/2008

Chief Registrar's Circular No.9 of 2008 - Certificates in terms of item 28(1) of Schedule 6 of the Constitution.
 

Registrar's Circulars

Chief Registrar's Circular 10/2008

Chief Registrar's Circular No.10 of 2008 - Mental Health Care Act (Act No. 17 of 2002).
 

Registrar's Circulars

Conference resolutions 08

Some 70 resolutions were passed at the 2008 Registrars' Conference.
 

Law Reports

Gumede

Gumede v President of the Republic of South Africa [2008] ZACC 23 - customary marriages and ownership of immovable property.

2007
Registrar's Circulars

Chief Registrar's Circular 1 and 2/2007

Chief Registrar's Circulars 1 and 2 of 2007 concern the Civil Union Act 17 of 2006 and the Further Education and Training Colleges Act 16 of 2006 respectively.
 

Statistics

D O backlog statistics

A graph showing the total volumes outstanding for deeds office document copies.
 

Statistics

Transfer duty collections

The state has raised R5,8 bn in the first 10 months of the 2006/2007 tax year.

Law Reports

Maharaj

Maharaj & another v Govindsamy & another [2007] JOL 19052 (D) - Non-fulfilment of suspensive conditions in agreements of sale.

Registrar's Circulars

Chief Registrar's Circulars 3-5/2007

The Chief Registrar's Circular Nos 3-5 of 2007 - change of name of Kumba Coal, Martprop Property Trust Scheme and M Factors and Trade Finance.
 

Law Reports

Manna

EP Manna v JM Lotter - the validity of a deed of sale which was accepted AFTER the offer had lapsed...

Law Reports

Mostert

Mostert/Van der Weshuizen and Another - the validity of an option to purchase granted in a lease agreement.

Law Reports

HTF Developers

HTF Developers (Pty) Ltd v Minister of Environmental Affairs & Tourism [2007] SCA 37 (RSA) - Environmental Conservation Act.

Registrar's Circulars

Registrar's Conference 2006

Some 61 resolutions were passed at the Registrar's Conference last year.
 

Books

Deeds Practice Manuals

Deeds Practice Manuals
Loose-leaf 880 pp
ISBN-13: 978-0-7021-7416-2
R 945,00 (including VAT, excl postage & packaging)

Registrar's Circulars

Chief Registrar's Circular 7/2007

Chief Registrar's Circular No. 7 of 2007 - National Heritage Resources Act (No 25 of 1999).
 

Registrar's Circulars

Chief Registrar's Circular 9/2007

Chief Registrar's Circular No. 9 of 2007 - change of name of Saambou Limited to Firstrand Finance Company Limited.
 

Law Reports

Jordaan

Jordaan v Msweli [2007] EL 188/05; ECD 488/05 - suspensive conditions in an agreement of sale of land - fulfilment, nature of.

Registrar's Circulars

Chief Registrar's Circular 10/2007

Chief Registrar's Circular No. 10 of 2007 - Commencement of certain sections of the Children's Act, No 38 of 2005.
 

Law Reports

Reitz

Reitz v Ström and another [2007] CPD - Agreement of sale, breach, cancellation.

Registrar's Circulars

Chief Registrar's Circular 11/2007

Chief Registrar's Circular No. 11 of 2007 - change of name of Tiger Food Brands Limited to Tiger Consumer Brands Limited .
 

Law Reports

Loots

A L Loots and Another v Rojen CC - rule nisi, effect of suspensive condition lapsing.

Registrar's Circulars

Registrar's resolutions

George Tsotetsi gives a brief overview of some of the 2006 Registrars' Conference Resolutions.
 

Law Reports

Exdev (Pty) Ltd

Exdev v Yeoman Properties [2007] SCA 107 (RSA) - Option to purchase property not invalid due to lack of agreement on price and date.

Law Reports

Algoa Hof

The Body Corporate of Algoa Hof and 13 Others v Scheepers ECJ - Sectional title scheme, section 44 (1)(g) - conversion of unit from residential to business.

Law Reports

Stalwo

Stalwo v Wary Holdings [2007] SCA 133 (RSA) - Contract of sale of land - whether a suspensive condition a tacit term.

Law Reports

Beyers

Beyers No v Ackerman [2007] JOL 19692 (C) - latent defects and voetstoots.

Registrar's Circulars

Chief Registrar's Circular 13/2007

Chief Registrar's Circular No. 13 of 2007 - change of name of the Transnet Pension Fund to the Transport Pension Fund.
 

Registrar's Circulars

Chief Registrar's Circular 12/2007

Chief Registrar's Circular No. 12 of 2007 - Cession of bonds for securitisation purposes.
 

Registrar's Circulars

Conference Resolutions

Some 52 resolutions were passed at the 2007 Registrars' Conference.
 

Law Reports

Errant golf balls

Allaclas Investments (Pty) Ltd & Another v Milnerton Golf Club & Others [2007] 187 SCA (RSA) Neighbour law - nuisance - golf course - reasonable steps to avoid excessive strikes by badly hit golf balls.

2006
Statistics

Hissing sound

The Economist recently updated its global house-price indicators.

Links

Links (I - Y)

The rapidly growing page of hyperlinks to attorneys firms' websites has grown into two pages.
 

Law Reports

Standard Bank v Saunderson and Others

Execution against mortgaged property - whether mortgagee required to justify order constitutionally.

Law Reports

Butler v Du Preez

Transferring attorney calling for guarantees from the purchaser.

Registrar's Circulars

Chief Registrar's Circulars 16-17/2005

Chief Registrar's Circulars Nos. 16 and 17 of 2005 were issued on the 2nd and 19th of December last year respectively.
 

Statistics

Deeds Office registrations

A table showing the number of registrations and recordals in the nine deeds registries.

Law Reports

Ras v Reb Management Services

Ras v Reb Management Services CC & Others 2006 JOL 16549 (D) - nominee clauses and trusts.

Law Reports

Warrant of execution

Paul Esselaar considers the implications of Standard Bank of South Africa v Saunderson (A) 2005/358.
 

Tables of Costs

Conveyancing tables - 2006

This year's Tables of Costs - ready reckoner is out.

Law Reports

Unitrans v Knight

Unitrans Motors (Pty) Ltd v Knight Street Proper (Pty) Ltd 2006 JOL 16520 (SE) - breach clauses, reservation of rights.

Registrar's Circulars

Chief Registrar's Circular 1/2006

The Chief Registrar's Circular No.1 of 2006 is about the Cross Boundary Municipalities Laws Repeal and Related Matters Act No.23 of 2005.
 

Books

Extension of Real Rights

John Goldstone has updated his 2003 booklet on the extension of real rights process.

Law Reports

Muller and Others v City of Cape Town

Muller and Others v City of Cape Town - concept of height, what is a residential building, and building standards.

Registrar's Circulars

Chief Registrar's Circular 2/2006

The Chief Registrar's Circular No.2 of 2006 concerns the Municipal Property Rates Act, No. 6 of 2004.
 

Law Reports

Hanekom

Hanekom v Builders Market Klerksdorp (Pty) Ltd [2006] SCA 2 (RSA) - validity of suretyship passed by a CC.

Registrar's Circulars

Chief Registrar's Circular 3/2006

The Chief Registrar's Circular No.3 of 2006 concerns the change of name of Caltex Oil.
 

Law Reports

Thorpe v Trittenwein

Thorpe v Trittenwein [2006] SCA 30 (RSA) - trustees; meaning of "agent"

Law Reports

Johannesburg v Kaplan

City of Johannesburg v Kaplan NO [2006] SCA 45 (RSA) Municipal Systems Act s 118 - municipal debts a 'charge on the property' - effect of Insolvency Act, s 89 on the preference thereby conferred.

Law Reports

Business Aviation

The supreme court of appeal made a watershed judgement earlier this month when it clarified the rules for claiming compensation for useful improvements to leased premises.

Law Reports

Merry Hill

Engelbrecht v Merry Hill (Pty) Ltd and Others - cancellation of an agreement of sale for immovable property where the sale price is to be paid in instalments.

Tables of Costs

Recommended guidelines

The Law Society of South Africa recently issued new Recommended guidelines of fees for conveyancers.
 

Links

Links (A - H)

A rapidly growing page of hyperlinks to attorneys firms' websites - for free.
 

Law Reports

Allaclas Investments (Pty) Ltd

Allaclas Investments (Pty) Ltd & Another v Milnerton Golf Club & Intervening Parties. - claim based upon the common law of private nuisance.

Law Reports

Rhode v Stubbs

Rhode v Stubbs 2005 (5) SA 104 (SCA) - rare decision regarding the legal principles underlying the massing of estates.

Statistics

Backlog statistics

A table showing Deeds Office document copy backlogs for the five Deeds Offices with document copy facilities.

Law Reports

Chestnut Hill

Chestnut Hill Investments v 169 Stamford Hill Road [2006] JOL 18330(D) - Guarantees: Due date not stipulated in contract - When must it be furnished?

Law Reports

Pocock v D'Oliviera

Pocock v D'Oliviera 2006 JOL 18407: Notarial tie agreements, demands for transfer, mistaken belief, and the need to study the conditions clause.

Law Reports

Murphy v Durie

Murphy and another v Durie 2006 JOL 18301 (C): Fulfilment of suspensive conditions in a bond.

Books

The Practitioner's Guide to Conveyancing and Notarial Practice (8th Issue)

This popular work has been reviewed and additional chapters have been added.

Law Reports

Gowar Investments

Gowar Investments v Section 3 Dolphin Coast and Cameron - Sale of land - non compliance with ss 2(2A) of Alienation of Land Act.

2005
Law Reports

Noormohamed v Visser No and another

A purchaser who assigns rights and obligations arising from sale at public auction not a "nominee" or "trustee" in terms of Conditions of Sale. Meaning of "nominee".

Law Reports

Waller and Another v Pienaar and Another

Voetstoots clauses, non-disclosure of latent defects and the duty to disclose.

Tables of Costs

Conveyancing Tables – November 2004

The tables have been updated to reflect the recent changes to the Schedule of Fees of Office which came into effect from 1 November 2004.

Tables of Costs

Conveyancing tables - 2005

Korbitec has released its Tables of Costs - ready reckoner.

Law Reports

Moll v Nedcor Bank

Moll and Another v Nedcor Bank Ltd and Others [2004] 2 All SA 451 (T) - Sale of property in execution subject to a usufruct.

Registrar's Circulars

Chief Registrar's Circular 5/2005

The Chief Registrar's Circular No. 5 of 2005 was issued at the end of March. It becomes effective from 1 May.
 

Registrar's Circulars

Chief Registrar's Circular 6/2005

The Chief Registrar's Circular No. 6 of 2005 was released recently. It concerns the "Electronic issuing and filing of transfer duty receipts".
 

Registrar's Circulars

Chief Registrar's Circular 7/2005

The Chief Registrar's Circular No. 7 of 2005 was released this week. It's about Ispat Iscor's name change.
 

Statistics

Claims breakdown

Most claims against attorneys arise from litigation and the prescription of MVA matters.

Registrar's Circulars

Chief Registrar's Circulars 8 and 10/2005

Chief Registrar's Circulars Nos. 8 to 10 of 2005 were recently issued. It is the last two which are of most interest to the conveyancer.
 

Registrar's Circulars

Chief Registrar's Circular 11/2005

Chief Registrar's Circular No. 11 of 2005 was recently issued. It concerns the lodgement of rates clearance certificates.
 

Registrar's Circulars

Chief Registrar's Circular 12/2005

The Chief Registrar's Circular No. 12 of 2005 was released last week. It concerns the change of name of Real Housing Solutions (Pty) Ltd to Real People Housing (Pty) Ltd.
 

Statistics

Main survey results

Have a look at the results from our survey, which we ran over May, they make interesting reading.

Statistics

Johannesburg - West

Responses from 24 law firms, representing 59 partners, of whom 41 are conveyancing partners were received.

Statistics

Pietermaritzburg

Responses from 17 law firms, representing 86 partners, of whom 36 are conveyancing partners were received.

Statistics

Pretoria

In equal first place with Cape Town, we had responses from 56 law firms, representing 208 partners, of whom 97 are conveyancing partners.

Statistics

Port Elizabeth

Responses from 20 law firms, representing 76 partners, of whom 35 are conveyancing partners were received.

Statistics

Durban

Responses from 21 law firms, representing 60 partners, of whom 28 are conveyancing partners were received.

Statistics

East London

Responses from just 4 law firms, representing 13 partners, of whom 8 are conveyancing partners were received.

Statistics

Bloemfontein

Responses from 9 law firms, representing 57 partners, of whom 13 are conveyancing partners were received.

Statistics

Cape Town

Responses from 56 law firms, representing 298 partners, of whom 91 are conveyancing partners were received.

Statistics

Johannesburg - Sandton

Responses from 29 law firms, representing 223 partners, of whom 60 are conveyancing partners were received.

Statistics

Johannesburg - South

Tying with East London, Johannesburg - South had responses from 4 law firms, representing 6 partners, of whom 3 are conveyancing partners.

Statistics

George

Edging ahead of East London, responses from 5 law firms, representing 8 partners, of whom 7 are conveyancing partners were received.

Statistics

Johannesburg - East

Responses from 12 law firms, representing 30 partners, of whom 16 are conveyancing partners were received.

Statistics

World wide boom

The property boom is a worldwide phenomenon and according to The Economist - "the biggest bubble in history".

Registrar's Circulars

Chief Registrar's Circular 13/2005

Chief Registrar's Circular No. 13 of 2005 which was released on 11 August concerns sections 10A and 10B of the Housing Act of 1997.
 

Law Reports

Biggs v Muller

J C Biggs and others v J M Muller and others (ECJ No: 017/2005) - the exercise of pre-emptive rights and estate agents' commissions.

Books

Management reading

After a great response to his articles, Sean Bosse recommends a number of books on marketing and strategic management.

Books

The Practitioner's Guide to Conveyancing and Notarial Practice (7th Edition)

The Practitioner's Guide to Conveyancing and Notarial Practice (7th Edition)
Pretoria: Association of Law Societies (2005) (Loose-leaf)
Author: West, AS
Price: R675 (VAT incl)

Registrar's Circulars

Chief Registrar's Circular 14/2005

The Chief Registrar's Circular No. 14 of 2005 concerns the conversion of Lafarge from a public company into a private one.
 

Law Reports

Sayers v Khan

Sayers v Khan [2002] 1 All SA 57 (C) - No reference to a "cooling off-right" will render an Agreement of Sale null and void.

Law Reports

Ronlou Property Development

Cancellation of contract of sale due to non-performance.

Registrar's Circulars

Chief Registrar's Circular 15/2005

The Chief Registrar's Circular No.15 of 2005 concerns the change of name of AdvED Education (Pty) Ltd and Advtech Education (Pty) Ltd.
 

2004
Tables of Costs

Conveyancing tables - 2004

Back by popular demand - Korbitec's Tables of Costs - ready reckoner, compiled in association with conveyancing attorney Paul Kloppers and law firm Jan S de Villiers.

Tables of Costs

Correction of error

Correction of error found in the Transfer Costs table.

Statistics

Who gets what

Buying a house is an expensive exercise, the cost of the property notwithstanding, other costs are incurred. What are they and to whom do they go?
 

Law Reports

Clark v Faraday and Another

"Right to a view" clarified - it is not an automatically-protected, court defined right. Paola v Jeeva NO and Others is therefore of limited application.

Law Reports

FNB v Geovy Villa

In First Rand Bank Ltd v Body Corporate: Geovy Villa [2004] 1 All SA 259 (SCA) - held that a judgment creditor's claim for arrear levies and related costs not preferent to a mortgage bond holder's claim.

Books

Purple Cow

Purple Cow: Portfolio (2003)
Author: Godin, Seth
ISBN: 159184021-X
Price: R132.00


Transform your business by being remarkable
 

Registrar's Circulars

Registrars Conference Resolutions

A brief update from the registrars' conference held in November last year, by George Tsotetsi in the July SA Deeds Journal.
 

Law Reports

Pretoria East Builders

In Pretoria East Builders and Another v Basson - in the absence of proof that owner authorized seller to sell land on his behalf, owner not bound.

Links

A GhostDigest newsfeed

All the latest conveyancing news from GhostDigest can now be incorporated into your website with ease.
 

Law Reports

Heathfield v Maqelepo

Heathfield v Maqelepo - proper construction of written agreement to purchase immovable property - purchaser or surety.

Statistics

House price index

Recently The Economist released its house price index of 20 countries. We are second.

Law Reports

Jaftha and others v Van Rooyen and others

Appeal upheld in which certain provisions of the Magistrates' Courts Act providing for execution against the immovable property of judgment debtors are challenged.
 

Law Reports

City of Cape Town v Robertson and another

City of Cape Town v Robertson and another - an appeal concerning the validity of a provisional valuation roll of property in the area of jurisdiction of the City of Cape Town.

2003
Statistics

Comparative Transfer Costs

These graphs and tables compare transfer costs for South Africa, the UK, Australia and Canada.

Books

Land Title in South Africa

Land Title in South Africa. Cape Town: Juta & Co, Ltd (2000)
Author(s): Carey Miller, DL, and Pope, A
ISBN: 0 702 151203


Registrar's Circulars

Conveyancing Circulars

Links to Conveyancing circulars from the Pietermaritzburg Legal Circle.
 

Tables of Costs

Conveyancing Tables - 2003

Korbitec's popular Tables of Costs for Conveyancing booklet, compiled in association with conveyancing attorney Paul Kloppers and the law firm Jan S de Villiers, has been rendered into two Portable Document Format (PDF) documents. They are the Tables of Costs - ready reckoner and the Tables of Costs - with legislation booklets.
 

Registrar's Circulars

Registrar's conference resolutions

A link to the resolutions taken by the registrars of deeds at their 2002 conference held on the 25 and 26 November last year. These resolutions are important since they give answers to conveyancers about practical conveyancing issues and the correct drafting of deeds and documents.
 

Books

Conveyancing Practice Guide

Conveyancing Practice Guide. Durban: Butterworths, (1997)
Author: Fourie, DR
ISBN: 0 409 02848 7

Books

Legal Practice in the Digital Age

Legal Practice in the Digital Age: The Quest for the Killer Legal App. London: Bowerdean Publishing (1998)
Author: Christian, Charles
ISBN: 0906097355

Law Reports

Tshwane v Faeriedale Body Corporate

Section 36(6) of the Sectional Titles Act 95 of 1986 - a juristic person does not have the capacity to act as a claimant in the recovery of damages to private property.
 

Statistics

The time it takes to transfer property

Comparisons are odious, but interesting. This graph compares the average length of time it takes to transfer property in a number of countries.
 

Books

Word 2000 for law firms

Word 2000 for law firms. Rocklin California: Payne Consulting Group Inc (1999)
Authors: Payne, Byers et al
ISBN: 0761518037

Books

The Lawyer's Guide to Extranets

The Lawyer's Guide to Extranets. Law Practice Management Section (2003)
Authors: Douglas Simpson, Mark Tamminga
ISBN: 1590312104


Extranets are the next big thing in the technical evolution of the law firm and this book is perhaps the best introduction to them.

Books

Idiots Guide to EORR

The Idiots Guide to the Extension of Real Right Development Process (EORR) is a useful little handbook describing this relatively new and innovative financing method as used by residential developers in Kwa-Zulu Natal.

Law Reports

Gregory J Paola v Jaivadan Jeeva NO & Others

A house's view forms an integral part of its value. Building plans which are approved and which spoil the view infringe on the rights of the owner of the view and should therefore never have been approved.

Law Reports

Mkontwana v Nelson Mandela Municipality

Heard with Bisset and others v Buffalo City Municipality and others (903/2002) Constitutionality of Local Government: Municipal Systems Act 32 of 2000.
 

Books

Basic Sectional Title

Basic Sectional Title (Books One and Two). Butterworths (1999)
Author: Ted Woudberg

Law Reports

Summer Symphony Properties 13 CC

Summer Symphony Properties 13 CC and BOE Bank Limited v City of Tshwane Metropolitan Municipality and The Registrar of Deeds [2003] TPD. Interpretation of section 118(3) of the Local Government: Municipal Systems Act 32 of 2000 ("the Act").

Books

BloodyHand!

BloodyHand! Cape Town: Siber Ink (2003)
Author: Kahn, E
ISBN: 0 9584540 51


True tales of famous crimes connected with wills.

Statistics

Comparative bond market share

This table shows the percentage share of the bond market that banks enjoyed from April 2002 to July 2003.
 

2002