Preparing and registering transfer documents

FAQ for Preparing and Registering Transfer Documents

What is meant by transfer of ownership?

Transfer of ownership refers to the process of transferring the legal ownership of a property from the seller to the buyer. It involves the transfer of the property's title and registration of the property in the new owner's name.

What is a transfer document?

A transfer document is a legal document that is used to transfer ownership of a property from one party to another. It is also known as a deed of transfer or a property transfer document.

Why is it important to register a transfer document?

Registration of a transfer document is important because it protects the new owner's legal rights to the property. It also ensures that the property is correctly recorded on the Deeds Office records.

What is the process of preparing and registering transfer documents?

The process of preparing and registering transfer documents involves various steps, including:

• Drafting the transfer document by a conveyancing attorney or a conveyancer
• Conducting various property searches to ensure that there are no outstanding debts or other issues with the property
• Obtaining the necessary clearance certificates from the relevant authorities
• Submitting the transfer document to the Deeds Office for registration

How long does it take to register a transfer document?

The time it takes to register a transfer document can vary depending on various factors, such as the complexity of the transaction, the workload of the Deeds Office, and any potential delays in obtaining clearance certificates. Generally, it can take between 4 to 6 weeks to register a transfer document.

What are the costs involved in preparing and registering transfer documents?

The costs involved in preparing and registering transfer documents can vary depending on various factors, such as the value of the property, the complexity of the transaction, and the fees charged by the conveyancing attorney or conveyancer. It is important to obtain a quote from a conveyancing attorney or conveyancer before proceeding with the transaction.

Conveyancing attorneys in South Africa specialize in the transfer of property ownership and the registration of immovable property transactions. The primary legislation governing conveyancing in South Africa is the Deeds Registries Act of 1937. This act outlines the procedures and requirements for the registration, transfer, and mortgage of immovable property. The Law Society of South Africa, along with its provincial branches, regulates and provides guidance to conveyancing attorneys. To access more information about conveyancing law and the Law Society of South Africa, you can visit the following links:

1. Deeds Registries Act: http://www.justice.gov.za/legislation/acts/1937-047.pdf
2. Law Society of South Africa: https://www.lssa.org.za/