Resources

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

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

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

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.

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.

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.

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

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

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

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

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.

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

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

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).

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. 

Chief Registrar's Circular No. 07 of 2017: A discussion of the amendments to the regulations of the Sectional Titles that have an impact on registration issues.

The South African Legal Practitioner: A commentary on the Legal Practice Act is the first comprehensive handbook on legal practice under the new Act.

A bond clause offers standard protection to the buyer and is suspensive, it must be drafted precisely to avoid any room for argument - Jack Crook reports.

Properly applied, PIE should only delay or suspend a landowner’s full property rights until it is just to evict unlawful occupiers and how - Jack Crook reports.

Norman's Law of Purchase and Sale in South Africa (6th Edition) captures the important judicial decisions and relevant statutes which impact on this critical area of law.

Chief Registrar's Circular No. 06 of 2017: Conversion from a private company into a public company and change of name of Nqaba Finance 1 (RF).

Jack Crook highlights how essential it is to comply with all necessary formalities when entering into agreements, particularly when dealing with the sale of property.

Jordaan and Others v City of Tshwane Metropolitan Municipality and Others: Section 118(3) is constitutional -  but buyers are not liable for seller's historical municipal debts.

An overdue decision: s2C(1) Wills Act: definition of a surviving spouse includes spouses in marriages concluded according to Muslim rites – Constitutional Court to confirm.

Jack Crook discusses a recent case about a dispute involving an HOA as to whether or not Telkom was obliged to share its ducting facilities for fibre with Vodacom.

Is a pre-emptive right in a written lease renewed automatically when it's extended, and if so does it need to comply with the formalities of the Alienation of Land Act?

It's back: this year's almost annual GhostConvey Survey delves into law firm marketing and is ready to be completed in a couple of minutes.

Registrar’s Circulars - CT 06/2017 and KWT 05/2017: change of areas of jurisdiction of the Registrars of Deeds from 4th of December.

Lease: National Building Regulations and Building Standards Act – lease agreement not invalid and unenforceable by ss (4)(1) and 14(1), read with s 4(4) and s 14(4)(a) of the Act.

At the annual registrars’ conference held recently, 26 matters which affect conveyancing and notarial practice were discussed and resolutions taken.

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.

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.

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".

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.

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

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.

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

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.

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.

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

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.

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

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

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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

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.

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.

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.

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.

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

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). 

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

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

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

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

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.

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

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

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.

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.

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

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

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

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

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.

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

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

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

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.

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

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.

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.

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

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

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.

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.

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.

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

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.

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

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.

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.

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. 

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.

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

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.

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

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.

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. 

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. 

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'.

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.

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. 

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.

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.

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.

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

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.

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.

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

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.

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

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.

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.

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.

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

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

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

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.

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.

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.

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

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

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.

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

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.

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

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. 

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).

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.

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

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

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.

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

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

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

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

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.

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

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

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

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.

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

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?

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

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

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

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

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

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

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

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.

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

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.

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

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

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

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.

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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.
 

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

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

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

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.

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.

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.

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.
 

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

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

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

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

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

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

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.

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.

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.

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

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

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

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

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

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

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

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

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.
 

This indispensable work has been reviewed and updated.

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.

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

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

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.
 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.
 

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

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

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

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

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

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

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

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

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

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.

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

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

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

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.

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

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

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

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

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

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

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.
 

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

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

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

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

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.

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.

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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.
 

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

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

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

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

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

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

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

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

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

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.
 

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

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)

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.

Cancellation of contract of sale due to non-performance.

Correction of error found in the Transfer Costs table.

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?
 

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.

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


Transform your business by being remarkable
 

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.

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

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

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

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

Links to Conveyancing circulars from the Pietermaritzburg Legal Circle.
 

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.
 

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

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.
 

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

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.

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.

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

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

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


True tales of famous crimes connected with wills.

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