Hierdie notas is slegs in Engels beskikbaar
- Requirements to be complied with before consolidation can take place
- Drafting of documents (including qualifications of conditions) to be lodged in deeds registry
- Dealing with mortgage bonds
With the coming into operation of Regulation 44 of the Deeds Registries Act 47 of 1937 and more specifically Regulation 44A(b), the responsibility for ensuring that all conditions of title have been brought forward correctly into certificates of consolidated title rests squarely on the shoulders of the preparing conveyancer of a certificate of consolidated title.
It is therefore crucial for all conveyancing practitioners to have a knowledge of the legal requirements, practices and procedures pertaining to the consolidation of properties and more especially the aspect of qualification of servitudes and conditions. The importance of this aspect of conveyancing is further emphasised by the fact that certificates of consolidated title usually precede other transactions, such as the opening of sectional title registers, the opening of township registers and subdivisional transfers. Errors in the drafting of the certificate of consolidated title, especially errors relating to conditions of title, could be disastrous in linked or further transactions.
Unfortunately not much has been written on the subject of qualification of servitudes and conditions. Further, different practices are followed in the various deeds registries as a result of historical developments and differences in the applicable legislation. The understandable result of all this is uncertainty regarding the correct practice and procedures to be followed in the different deeds registries. This practice manual is expected to shed some light on these matters. Our aim is to clarify not only the legal requirements but also the correct practices pertaining to consolidation and especially qualification of servitudes and conditions in the following deeds registries: Pietermaritzburg, Pretoria, Johannesburg, Nelspuit (Mombela), Bloemfontein, Cape Town and Grahamstown.
The manual is a comprehensive set of notes and include examples of the practical application of this subject in Pietermaritzburg, Pretoria, Johannesburg, Nelspuit (Mombela), Bloemfontein, Cape Town and Grahamstown. It is intended to equip the readers with the required knowledge and skills to enable them to successfully navigate not only the whole consolidation process but also the drafting of certificates of consolidated title and particularly the qualification of servitudes and conditions.
The practice manual will enable you to: