Conveyancing in a nutshell, can be described as dealing with all documents that relate to title, right, and interest of persons to immovable property. The Deed of Registrars is the body that registers the immovable property in a Title Deed.
It covers a diverse field of transferring titles ,interest or rights from juristic bodies like a trust, or from deceased estates to heirs or from divorced estates or from private treaty from a seller to a buyer or even public treaties from auctions to persons.
Every transaction has a source document that must be in writing and both parties must be of the same mind in respect of the price and the terms and conditions of the agreement.
Identification documents are important and it must be be furnished to satisfy FICA requirements and solvency issues when parties enter into transactions. Costs for transactions are based on tariffs.
According to the requirements on hand and according to the documents, the transfer documents are drawn. Wherever applicable that transfer duty be paid or be exempted, then appropriate receipts are received from the South African Revenue Services. Where there are rates or levy clearance certificates to be required, then the relevant municipal body has to assess and once the said assessment is paid, then clearance certificates are obtained. Once all statutory documentation is on hand, then the documents are lodged and processed for registration. A Title deed is registered recording the parties and transaction.
What documents do you furnish to your attorney?
- Identity documents
- Marriage certificates or ante nuptial contracts
- Purchase and sale agreement/Divorce orders/Last Will or Testament/-death certificate-if applicable
- Rates account and levy details
- Electrical certificate and entomologist certificate