In South Africa, if land is registered, it would need to be formally transferred as a result of an inheritance, a sale or other type of agreement or a Court order. There are certain other limited circumstances where legislation provides for property to be transferred.
The records of registered land, the encumbrances placed thereon, the circumstances of each transfer and the owners who have held that property over time are kept at the Deeds Office.
The Deeds Office records are updated when it is informed of any change in the status of the registered property.
Conveyancers and Notaries are Attorneys of the High Court of South Africa who have fulfilled certain requirements, including the writing and passing of special exams allowing them to be admitted to practice as Conveyancers or Notaries of the High Court of South Africa. Every Attorney, Notary and Conveyancer would have a Certificate from the High Court of South Africa evidencing his or her admission as an Attorney, a Notary or a Conveyancer.
Apart from certain limited circumstances when a Court or Government intervenes and directly places an encumbrance over a property, orders its immediate transfer or effects any other change in its status, only Conveyancers and in some circumstances, only Notaries are allowed to apply to the Deeds Office to effect any change in the status of the property. This Application by the Conveyancer or the Notary needs to be supported with evidence that various laws have been complied with and the change in the status of the property can take place.
Both Ismail Mahomed Ayob and Zayd Ismail Ayob are Attorneys, Notaries and Conveyancers of the High Court of South Africa and can assist you in your property requirements. Tel: 011 727 5800 Email: advice@iap.co.za