Glen Publisher_Dainfern In Focus_Issue 0717

LEGAL MATTERS
What is the difference between an Attorney and a Conveyancing Attorney?
First and foremost a Conveyancer is a specialist attorney who specialises in property transfers.
The word conveyancing is used to describe the
administrative and legal procedures necessary to
transfer ownership (and other rights) in immovable
property from one person to another.
An attorney without this qualification cannot facilitate
a property transfer in the Deeds Office.
In terms of the laws in South Africa immovable
property (vacant land, houses, flats, farms, buildings)
can be privately owned. Thousands of property
transactions take place in our country every day.
All dealings with ownership of land in South Africa
are recorded in a public office known as the ‘deeds
office’. The deeds office keeps all information about
the individual pieces of land in our country.
The computer records of the deeds office will show,
for example, who the owner of a particular property is,
when he or she acquired it and (if it was purchased)
how much was paid for it.
The Republic of South Africa's present land registration
system is based on the Land Survey Act (Land Survey
Act 8 of 1997) and the Deeds Registries Act (Act 47 of
1937) (the Act).
This system is dependent on the integrity and the
correct performance of the functions of conveyancers
and the staff of deeds registries.
Section 15A(I) of the Act provides that certain deeds
and documents must be prepared and signed by
a conveyancer who accepts responsibility for the
correctness and accuracy of certain facts set out in such
deeds or documents.
Conveyancers must also have proper knowledge of
the more than 390 pieces of legislation governing land
registration as well as the common law, conference
resolutions, dating back as far as 1938 and all relevant
Chief Registrar's Circulars.
THREE TYPES OF CONVEYANCING
ATTORNEYS:
Transferring Attorney
In a ‘typical’ sale, namely a transfer that results
from a sale that was brought about by the efforts
of an estate agent, there are three conveyancing
attorneys involved in the property buying/selling
process:
They transfer the property from the seller to the
buyer. They represent the seller and are appointed
by the seller as the Seller’s privilege.
Registering (or Bond) Attorneys
They register the bond over the property in favour
of the bank that is financing the purchase of the
property. They represent the buyer and the bank
granting the buyer's home loan.
Cancellation Attorneys
They cancel the seller's existing home loan on the
property. They represent the bank cancelling the
seller's home loan and are appointed by the bank.
Questions for next month's issue can be emailed to chrisna@richeattorneys.co.za.
For assistance in any property transfer matters kindly contact me on details below:
Tel. 011 513 3548 or
011 465 3809
Cell. 083 530 0465
Fax. 086 695 6450
chrisna@richeattorneys.co.za
www.richeattorneys.co.za
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