The deed of transfer South Africa has several aspects to it which must be known by any person who wishes to sell or purchase property.
Except in the case of sharing ownership (joint ownership) of a property, it’s not possible for 2 or more people to simultaneously own a valid title deed for the same property.
In cases of joint ownership, the names of each owner must appear on the second page of an identical title deed.
This is never done by the seller or purchaser. The only signature that’s required on a deed of transfer is that of the Registrar of Deeds and the conveyancer and this takes place at the Deeds Office.
A photocopy of a title deed is in no way valid or official. Only the original title deed is accepted when requiring the document to carry out any procedures related to the transfer of property or registration of a deed of transfer.
When applying for a duplicate title deed, the conveyancing attorney will look for:
The same will be done the purchaser’s title deed which should display a later date and at the top left corner of the deed, it will show who the previous conveyancing firm was who registered to deed of transfer.
The firm can be contacted to obtain the following information from the Deeds Office:
These searches conducted by the Deeds Office will clearly indicate who is the rightful owner of the property.
It’s important to note that the street address never appears on a title deed and the agents often do not put the ERF number on the offer to purchase.
However, as the conveyancer, we obtain a Rates Clearance Certificate in order to register the transfer and these documents from the Municipality shows both the ERF number and the CORRECT Street address.
For more information about the deed of transfer or any other matters related to property law, please feel free to contact us.
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