Presentations, either online or in person, are offered to real estate agents
In terms of section 2 of the Alienation of Land Act 68 of 1981 (“the Act”), no alienation of land shall be of any force or effect unless it is contained in a deed of alienation signed by both seller and purchaser. The legal formalities with which an agreement of sale must comply, are set out in the Act. We can make your property buying or selling a whole lot easier. Let us vet the agreement before you sign to ensure there are no unwanted disputes in the long run or let us assist with drafting of Agreements of Sale.
We can assist you with the successful registration of the transfer of immovable property from one owner to another, whether it is vacant land, residential property, sectional title unit, a farm, commercial property.
- An estate transfer is where the registered owner of an immovable property is deceased and the property is being transferred from the deceased estate to another person. If the person died testate (where the person made a Will), then the Will should stipulate to whom the property should be transferred. If the deceased died intestate, the executor, acting in terms of the provisions of the Intestate Succession Act, 81 of 1987 (“the Act”), shall determine what should happen to the property in terms of the Act. Both the Deeds Registries Act, No. 47 of 1937 and Administration of Estates Act, No 66 of 1965 are applicable to estate transfers.
- Insolvent estate transfers will be done where a registered owner is declared insolvent by a Court Order and the immovable property registered in the insolvent’s name will devolve upon the liquidator or sequestrator in the insolvent estate. In this case, the liquidator or sequestrator will be signing all transfer documents. The sequestration or liquidation order must be noted at the relevant deeds’ registry prior to lodgment and registration of transfer.
- Sheriff transfers occurs where a judgment is granted against the registered owner, the immovable property is attached by the Sheriff of the Court and sold on public auction as a sale in execution.
If the developer wishes to open a sectional title register on more than one erf, it is usually either notarially tied or consolidated. It is important for the developer to ensure that there are no restrictive conditions in the title deed prohibiting the proposed development and that the property’s zoning is appropriate for the purpose of a sectional title development. A successful process of any sectional title scheme emanates from proper planning and preparation by all role players.
If you the owner of a piece of land which you wish to establish a township and register it as such, there are certain procedures in terms of the Deeds Registries Act which you need to follow.
Where an owner of a land wishes to subdivide his/her land into two or more portions and to hold those portions under a separate title deed, he/she may make application for the issuing of a certificate of registered title in respect of each portion of his/her land. The purpose of a subdivision is to obtain separate title for each portion, enabling the owner to deal with each portion separately. The registered owner shall then be entitled to register other rights, mortgage or lease over the portion/s separately.
An owner or owners, may apply for the issuing of a certificate of consolidated title where two or more pieces of land sharing a common border line are owned by the same person or persons wishing to consolidate the pieces of land into one piece of land. There are however certain prerequisites to be met before an owner of a land can apply for the issuing of a consolidated title. If all the prerequisites are met, then the title deeds of the component properties may be substituted by a certificate of consolidated title.
A notarial tie agreement should be signed by at least two parties in the presence of a notary. The agreement is usually between the owner of the land and the enforcer of the right. The enforcer is the entity or person who wishes to deal with the properties as one property. Once executed, a condition is registered against the title deeds of two or more properties preventing the properties to be dealt with independently, mortgaged or sold.
An agreement entered into between two parties prior to their marriage, which regulates the conditions of the marriage (with or without the accrual system). The agreement must be executed in the presence of a notary and two competent witnesses before the marriage. As soon as the contract is executed, it must be registered in the Deeds Office within 3 months of executing the contract