1. GENERAL (WHAT IS CONVEYANCING)

The term "conveyancing" describes the legal process whereby a person becomes the lawful owner of immovable property and ensures that his/her ownership cannot be challenged.

A conveyancer is an admitted attorney who has passed a specialised conveyancing examination and has been admitted as a conveyancer by the High Court of South Africa. By law a conveyancer is the only person who can attend to fixed property transfer. This is necessary to protect the interests of the parties to the transaction and to maintain the high standard of land registration. A conveyancing transaction involves a chain of steps which begins with the deed of sale and continues through to the ultimate registration of ownership and the reconciliation of finances and payments.

2. PROCESS

The first step in the sale of a fixed property is a valid agreement of sale. This is a written agreement that is signed by both the purchaser and the seller (and by the seller's spouse and the purchaser's spouse in cases where the parties are married in community of property). It is important to note that a verbal contract of sale for fixed property is invalid. The next step requires that both the seller and the purchaser call at the office of the conveyancer to sign the transfer documents. These will have been prepared by the conveyancer and will enable the conveyancer to effect transfer. The length of time it takes to register a transfer depends on the co-operation of each party and to what extent they have complied with their contractual arrangements. Unforeseen difficulties, such as the death of one of the parties or attachment of the fixedproperty by a creditor of the seller, may cause delays.

3. LOCAL CONVEYANCING

4. AGENCY CONVEYANCING

5. SECTIONAL TITLE SCHEMES

A Sectional Title Development Scheme (usually referred to as a "SCHEME"), provides for separate ownership of a property, by individuals. These schemes fall under the control of the Sectional Titles Act, No. 95 of 1986 (and its amendments), which came into force on 1 June 1988. The procedure for the registration of a sectional scheme is, very briefly, that sectional plans are prepared by a land surveyor and approved by the Surveyor- General. The sectional plans indicate, amongst other things, how buildings which have been erected on the property have been divided into sections. On approval of the sectional plans by the Surveyor- General, the registered owner of the underlying land makes application to the Registrar of Deeds for the registration of a sectional plan over the land in question. On registration of the sectional plan, a sectional scheme comes into existence and the developer is then, amongst other things, able to transfer parts of the building, and to cede exclusive use areas.

6. TOWNSHIP DEVELOPMENT

Section 46 of the Deeds Registries Act 47 of 1937 makes provision for the registration of a general plan of township or settlement. The procedure is, very briefly, a general plan for the proposed township, showing the subdivision of the land into lots or erven, must be prepared by a land surveyor and approved by the Surveyor- General for the province in which such land is situated. The township owner or developer must then furnish the authority which approved the subdivision of the land with a copy of the draft plan, together with his written application for the approval of the proposed township as shown on the draft plan. Where the area of the proposed township, as shown on the general plan, forms the whole of registered land held by a title deed, the registrar must, upon written application by the owner of the land, make an endorsment on such title deed indicating that the land has been laid out as a township or settlement in accordance with the general plan, and that the erven as shown on such general plan are to be registered in the relative township register.