General

FNB's House price index wrap of 2011 and 2012 outlook - 2011 was a year of slow house price growth and 2012 promises to be “more of the same”.

Is the housing market 25% over-valued? John Loos thinks it is not possible to say, but nevertheless he does expect some further real house price decline.

Allen West discusses the sale and transfer of land in townships as governed by the Town Planning and Townships Ordinance 15 of 1986. 

Estate agents must be fair and responsible in their marketing otherwise they could be exposing themselves to claims in terms of the CPA writes Karien Hunter.

Allen West answers the question with reference to s 18(3) of the Administration of Estates Act, as to whether a representative of a deceased estate can sell immovable property.

Roelie Rossouw draws our attention to the SARS "must read" guide to disposing a residence from a company or a trust, and comments on the question of who qualifies as an acquirer.

Dudley Lee responds to Thabo Nqhome's letter by suggesting that we simply accept the L&D account as sufficient proof that parties to a foreign marriage were married in community of property.

Nadia de Kock highlights conveyancing issues and raises a number of questions with the "must read" Draft Guide to the disposal of a residence from a Company or Trust.

Donald Moor of Guthrie and Rushton expands upon the relevance of base cost when doing a Para 51A transfer.

Nadia de Kock gives more clarity regarding who "connected persons" are when it comes to Close Corporations.

Dudley Lee considers the answer of Resolution 83/2010 to: "May an executor, administering the estate of a deceased 'developer' apply for the opening of a sectional title register?"

Thabo Nqhome opines that Registrars Conference Resolution 83/2010 should properly be answered in the administration of deceased estates as opposed to conveyancing.

Is the mortgage of immovable property a first step to alienation, ask Alex Abercrombie and Rayzaan Johaardien in the March edition of De Rebus.

Dudley Lee highlights the continuous nature of supervision, the powers given to the Master in terms of the Companies Act and jurisdiction in responding to Thabo Nqhome's Companies in liquidation - a response.

Dudley Lee differs with Thabo Nqhome on executors opening a sectional title register in a deceased estate and sets out his reasons pari passu.

Thabo Nqhome responds to Companies in liquidation - response II which we published last week.

Dudley Lee's final response to Thabo Nqhome regarding the powers of the Master of the High Court and his role in supervising the process of companies in liquidation.

Allen West discusses aspects of notarial tie-agreements including: their format, different owners, bondholders consent, the operative clause of the agreement and certificates of consolidated title.

Allen West looks at the registerability and effect of testamentary conditions excluding community of property with regard to their lawfulness, whether they are binding and their effect on creditors.

Dudley Lee calls for the withdrawal of CRC 4/2011 arguing that NAMA and HOA's must be completely unaware of their duties or are trying to get the Chief Registrar of Deeds to do their work for them.

Marlon Shevelew discusses the much needed provisio of the CPA whereby the previously suggested fixed period of 24 months for any consumer agreement is no longer cast in stone.

Thabo Nqhome does not agree that the suspension of RCRs 46, 47 and 62/2010 are perfectly in line with the legal situation in the case of forced sales.

Mark Schäfer agrees with Dudley Lee that that Chief Registrars Circular 4/2011 should be withdrawn.

Kevin Mahon argues that three aspects have now been taken into proper consideration by CRC 4/2011 with regards to the issuing of Home Owners Association certificates.

As the second best performing asset class after shares it is worth looking at the different ways in which one can invest in property, from the low-risk to the very high risk investments.

Allen West challenges you to get your thinking caps on and see if you know these interesting and sometimes strange facts about conveyancing.

Dudley Lee expands on an earlier article and argues that HOAs and their arrear levies are regulated by the Insolvency Act and are a tax in terms of it. Therefore CRC 4/2011 should be reversed.

Kevin Mahon writes that if a Registrar allows an HOA related transfer to proceed without a certificate, and the HOA suffers a loss as a result, it may have a claim for damages against him.

SARS recently released their final Guide to the disposal of a residence from a Company or Trust.
 

Barry Cloete pens some thoughts and observations on the impact of the Consumer Protection Act on estate agents.

Gavin Gow takes issue with "No bond purchase?" for ignoring the CPA which came into effect on 1st April and highlights important aspects of the NCA.

Meyer de Waal defends criticism of purchasing property via the instalment or lease to own methods as an alternative to conventional methods when bond approval is refused.

Allen West discusses what happens when an inheritance of immovable property cannot be put into effect.

Wiseman Bhuqa provides basic guidelines for examiners on when to reject or query a deed.

Allen West considers the effect of sequestration where a spouse is declared insolvent subsequent to his/her marriage in community of property.

Allen West discusses the validity of polygamous customary marriages entered into subsequent to the coming into operaton of the Recognition of Customary Marriages Act 120 of 1998.

Thabo Nqhome is unable to agree with an aspect of the conclusion reached in Effect of sequestration regarding the consequences of a section 45bis endorsement. 

In an urgent alert, Meumann White has objected to proposals to amend Section 1 of the Property Rates Act to allow commercial rates to be charged on residential property not used by the owner.

Yunus Carrim, the Deputy Minister of Co-operative Governance and Traditional Affairs says home owners need not worry about the Rates Bill.

Johan Muller raises pertinent points about the sale of an undivided portion of agricultural land in terms of the Subdivision of Agricultural Land Act 70 of 1970.

Clarity is needed about the application of paragraphs 51 and 51A where a trust wants to transfer property to the spouse of a dead beneficiary.

Allen West discusses the capacity of a rehabilitated insolvent to deal with immovable property.

A question about a  section 51 moratorium transfer of one unit in a two unit block from a CC when the second unit is occupied as a primary residence by the sole member of the CC.

Allen West considers the question of an inheritance where the testator in the will has not specifically provided for simultaneous death.

The Department of Environmental Affairs (DEA) will deal with non-compliance of regulations and incorrect or deficient representations vigorously. 

Allen West clarifies some issues surrounding the conversion of a customary marriage to a civil marriage.

Ranald Vise understands section 10 of the Recognition of Customary Marriages Act to mean a  new marriage.

Allen West asks: "In sales of execution - must property be transferred free of, or subject to, usufruct?"

Thabo Nqhome argues that there is no justification for interpreting the words “their marriage” in section 10 (2) of the RCMA, to mean “their subsisting marriage”.

Allen West discusses the capacity of associations to acquire immovable property. 

Registrars' Conference Resolutions 2011 - What you need to know to lodge deeds and documents in 2012.

The Deeds Registration Trading Account and the correct methods to be used to calculate and reflect foreign currency in deeds of transfer.

Attorneys pose questions around the interpretation of para 51(2)(c) of the Eighth Schedule to the Income Tax Act and matters germane thereto.

As is the habit at this time of year many of us tend to indulge in a degree of crystal ball gazing.

Wiseman Bhuqa unpacks the differences between the causal and abstract theories relating to the transfer of ownership of immovable property.

Allen West gives an example of the causa to be used when transferring property from a CC to its members in terms of the Taxation Laws Amendment Act No. 17 of 2009.

Antoinné van Deventer answers two more questions, about same sex partners and trusts with regard to Section 9(20) transfers.

Prof Anneli Loubser will be presenting a workshop on the major changes to corporate law following the Companies Act coming into force during 2010.

Thabo Nqhome does not subscribe to the view contained in last week's article Section 18 (3) sales.

Port Elizabeth Convey Club doings and suchlike.

The common law principle that if no time for payment is specified, it must be made against delivery does not apply to a sale of land, writes Selwyn Cohen.

Cape Town Registrar's Notice No.1 of 2010 - To provide clarification in the application of the Registrars' Conference Resolutions of 2009.

Ig Kruger says it is about time some clarity was forthcoming on the causa to be used for tax window transfers from CC's, Trusts and companies.

A roundup of the responses to Ig Kruger's request for guidance on causa for transfers last week, the conclusions of GhostDigest and the changes to GhostConvey.

Deeds of sale must correctly reflect whether the purchase price includes VAT or not writes Allen West.

Hannes Gouws deals with the practical implications of Chief Registrar's Circular 12 of 2007 with reference to the securitisation of mortgages.

Examples of new forms making provision for the application of Regulation 41(1) of the Deeds Registries Act to be implemented in GhostConvey in June.

The lapsing of outspans on the transfer of land in the former Transvaal.

Thabo Nqhome and Peter Newmarch agree and differ on a number of aspects with Dudley Lee's article about the consolidation of agricultural land subject to tie conditions.

M S Mekwe considers this practice in the light of an obiter dictum in a Namibian case and RCR18 of 2009.

Administration fees for rates clearance applications in Cape Town will be increasing from 1 July this year.

Dudley Lee agrees with Thabo Nqhome that a certificate of title is a title to land, he disputes a number of other issues however.

John Christie of J Leslie Smith & Company guides correspondents as to the correct wording for headings of restrictive conditions of title i.t.o. the "old" and the "new" Sectional Title Acts.

Thabo Nqhome does not agree that the words "….or in any other manner deal…" are "a little rider" and argues that they are a drag-net clause.

More goings on at the PE GhostConvey Club for June to August this year.

Wiseman Bhuqa explores the reversal of the intentional vesting of property from one tier of government to another.

Thabo Nqhome highlights issues surrounding legality and the applications of sections 16 and 31 of the Deeds Registries Act in responding to Reversal of intent.

Allen West looks at the practice and procedures to be followed surrounding reversionary rights.

Allen West highlights the need for conveyancers to distinguish between the creation of positive and negative personal servitudes.

Dudley Lee responds to Thabo Nqhome's arguments in Subject to Ties III with a simple argument.

Thabo Nqhome responds to Dudley Lee's simple 4-point argument, certificate of title and the meaning of "dealing with".

When is it lawful to enter into a redistribution agreement asks Allen West?

Allen West replies to a query by Donald Moore regarding redistribution agreements following Redistribution Agreements last week.

Wiseman Bhuqa and Allen West provide more clarity on the patrimonial and matrimonial consequences of marriages in terms of the Black Administration Act 38 of 1927.

Into the home stretch for the Port Elizabeth GhostConvey club for the year.

Roelie Rossouw investigates the impact of the Consumer Protection Act No. 68 of 2008 on sales of immovable property and draws our attention to the relevant provisions.

Allen West discusses with reference to Registrars Circulars and case law the amendment of antenuptial contracts before and after the conclusion of a marriage.

The coming in to operation of the Reform of the Customary Law of Succession Act and its relevance to the Deeds Office is examined by Allen West.

Allan White of Smith Tabata considers the consequences of Paragraph 51A of the Taxation Laws Amendment Act in widening the array of distributions from multi-tiered structures.

Allen West explains with practical examples, the plotting and qualification of servitudes and conditions when land is subdivided.

Roelie Rossouw concludes his investigation of the impact of the Consumer Protection Act No. 68 of 2008 on sales of immovable property by drawing our attention to the relevant provisions.

Allen West is to present seminars around the country on new developments in conveyancing for 2011.

Dudley Lee looks at deceased estates of persons whose marriage is governed by foreign law and the registration of deeds.

Thabo Nqhome suggests that RCR 5/2004 be replaced by a resolution with the words: "Subject to section (4) (1) (a), the documents to be produced are listed in Regulation 49 (1)."

Wiseman Bhuqa discusses customary marriages and deceased estates of the indigenous black people of South Africa vis-a-vis Deeds Office practice and procedures.

David Clegg considers a potential Capital Gains Tax implications for organizations which change their minds about land use.

Allen West is to present seminars around the country on new developments in conveyancing for 2009.

Salim Patel (Chairman of the Western Cape Rental Housing Tribunal) demystifies the Tribunal.

A reader has searched in vain for three unreported judgments.

Tracey Moss looks at viability of the Communal Land Rights Act in tribal areas.

Do a husband and a wife both need to sign when purchasing immovable property asks Roelie Rossouw?

Allen West asks, "Is a 'contract' as defined in the Alienation of Land Act deemed to be a credit agreement for purposes of the NCA?"

Johannesburg doings and suchlike.

Anna-Marie van Rooyen and Ken Mustard reply to Contracts and the NCA.

A list of the most common causes for deeds being rejected by the Deeds Office.

Korbitec invites you to the launch of an exciting range of new products and features.

Deeds Office fees are to increase from 28 March 2009.

Allen West looks at the disposal of immovable property belonging to a sole member of a Close Corporation.

South African National Roads Agency v Chief Registrar of Deeds and Others - memorandum from the Chief Registrar of Deeds.

Pieter Pretorius and Ken Mustard have responded to Allen West's Sole interest article.

When it is necessary and when not, Diane Canterbury looks at the requirement.

Johannesburg Convey Club doings and other activities for Convey Club members.

Mandi Hamman asks why the Minister of Agriculture's consent is necessary to transfer agricultural land to a partnership, yet not to a variety of other legal entities?

Thabo Nqhome writes that the Deeds Registries Act does not amend the substantive law on the vesting of ownership of partnership property.

Corné Bekker considers the assessment of transfer duty with regards to companies and close corporations.

Directives 1 to 4 of the Chief Master giving guidelines to ensure a uniform approach by Masters in respect of various matters.

In the light of a recent case Allen West asks whether security of title is a fact or a fiction.

L.E.A.D (LSSA) urgently requires experienced attorneys to present / instruct the Practice Management Course on training attorneys "to run a legal business efficiently".

Johannesburg activities.

Thabo Nqhome writes that nothing in Prophitius impacts negatively on the notion that South Africa has one of the best land registration systems in the world.

Thabo Nqhome does not agree with the views expressed by Wiseman Bhuqa in Redistribution and massing..

The JAA Property Law Sub Committee wants submissions regarding an application to enforce PAJA against the Registrar of Deeds.

Blessing Mphela (Acting Chief Land Claims Commissioner) addresses the perception that land reform in South Africa is failing.

Blessing Mphela (Acting Chief Land Claims Commissioner) concludes in addressing the perception that land reform in South Africa is failing.

Port Elizabeth doings.

Hesma Strydom recommends a number of preventative steps to guard against claims arising when undertakings are given to bridging finance companies.

The City of Tshwane can fully comply with CRC 2/2006 when it comes into operation on 2 July, therefore practitioners are advised to withdraw deeds and re-lodge with the required clearances.

Johannesburg activities for the month of July 2009.

Allen West draws the attention of examiners to their onerous duties with regard to the checking of interdicts.

Partly open-book conveyancing examinations a reality from 2010.

The Taxation Laws Amendment Bill has provided shareholders with a second chance to transfer a company owned home without having to pay transfer duty or STC.

Wiseman Bhuqa follows up on an earlier article on Redistribution and Massing for those wanting more clarity on the issue.

Johannesburg activities.

Thabo Nqhome submits that a labelling of massing as common law massing cannot exclude the application of section 37 of the Administration of Estates Act.

Port Elizabeth doings for September -> November this year.

Battle for the turf - Wiseman Bhuqa explores the legal position between executors and fideicommissary heirs vis-a-vis lease contracts.

Allen West looks at the issue of street closures in Gauteng and the implementation of Section 67 of Local Government Ordinance 17.

Roger Green of Cox Yeats comments on the amended Taxation Laws Amendment Bill which was published by SARS on the 1st September.

A list of red flag areas in conveyancing practice compiled in the Attorneys Fidelity Fund Risk Alert Bulletin.

The FBI's 2008 Mortgage Fraud Report gives a useful insight into the breadth and depth of mortgage fraud crimes committed in the USA.

Is all 'hunkydory' for the holder of a mortgage bond securing a major asset of a company without a s 228 resolution? asks Miranda Feinstein.

Allen West looks at the qualification of praedial servitudes in deeds of transfer and certificates of title of land in the former Transvaal.

In what is regarded as a first for South Africa, the banking and legal fraternity met to share knowledge about fraud in the mortgage lending industry.

Allen West looks at the qualification of conditions in the Cape Town deeds registry.

Allen West concludes his discussion of the qualification of conditions by looking at the rest of the Deeds Registries.

N Ntlokwana discusses customary marriages and the law with reference to Gumede (born Shange) v President of the Republic of South Africa and Others (CCT 50/08 [2008] ZACC 23.

The LSSA needs you as a mentor to help some 150 attorneys in strengthening their practices.

With little further interest rate stimulus likely, and a high household debt ratio, how much property recovery can we still expect? Asks John Loos.

Risk Alert Bulletin - Examples of bridging finance documents which should not be signed by attorneys.

Allen West sheds some light on confusion regarding the appointment of administrators vis-à-vis curators.

More Johannesburg doings.

Thabo Nqhome responds to Allen West in his discussion of the appointment of an administrator vis-à-vis a curator.

Allen West is to present seminars around the country on new developments in conveyancing for 2010.

A brief warning from Donald Moore to conveyancers dealing with CGT moratorium transfers and the necessity of a special resolution.

An update of last week's memorandum from SARS setting out the relevant documentation needed to be submitted to when applying for a section 9(20) exemption.

Salomé van Wyk has two questions for readers. The first is on moratorium transfers, the second on Rule 63 of the High Court Rules.

Kevin Schaafsma replies to the query in Two Questions last week about the point of Rule 63 authentications.

Antoinne van Deventer of SARS provides a detailed look at transactions in terms of s9(20) of the Transfer Duty Act - transfers from Companies or trusts.

Antoinné van Deventer of Sars answers a question posed by Donald Moore and others about the practical application of the Section 9(20) Exemption.

Charles Pearson agrees with Kevin Schaafsma when considering the requirements of the provisions of Rule 63(1).

Allen West dispels confusion regarding the translation and use of abbreviations in company names.

Reinhardt Buys of Buys Inc. gives his ten predictions for 2008 regarding lawyers and the future of law firms.

Allen West looks at the responsibility and functions of the notary.

Johannesburg activities.

Durban doings.

Sydney Mekwe gives an update on the de-registration of mineral rights.

S K Heiriss considers the implication of Chief Registrar's Circular 1 of 2008 for the alienation of minor's property.

Johannesburg activity.

W F H C Swanepoel looks at fideicommissums and our registration system.
 

Allen West discusses the subdivision of agricultural land and consent in terms of Act 70 of 1970.

The Deeds Registries Amendment Bill 2008 proposes certain amendments regarding certain obsolete expressions.

A recent tax court judgement has ruled that certain trust deed amendments may draw transfer duty.

Sara Scheiner and Mark Schäfer replied to last week's A conundrum, concerning Section 45 bis of the Deeds Registries Act.

Exemption of transfer duty: Section 9(1)(i) of the Transfer Duty Act 40 of 1949, a query.

Sara Scheiner, Thabo Nqhome and others reply to Section 9(1)(i) Exemption of transfer duty: a query .

Does the Master of the High Court need to consent to sales of immovable property from a "section 18(3) - estate"?

Sales from estates has elicited a response from Patrick Barnard who agrees with Donald Moore.

Professor Andreas van Wyk underlines the value of the Deeds Registry to South Africa's economic infrastructure.

Thabo Nqhome and Esther-Lana Housego respond to the question raised by Allen West about disposals and mortgage bonds.

Amorie le Roux is not convinced that Allen West's opinion on section 228 of the Companies Act is correct.

Margaret Meyer delves into the implications of The Recognition of Customary Marriages Act, 120 of 1998.

Margaret Meyer concludes her inquiry into the implications of The Recognition of Customary Marriages Act, 120 of 1998.

Gerhard Buchner, writing in De Rebus expresses another view regarding penalty clauses in home loan agreements.

FNB is reassessing bonds granted over a year ago, not withdrawing them.

Roelie Rossouw considers the implications of section 228 of the Companies Act for the conveyancer.

Adrie van der Merwe responds to Testamentary conditions and redistribution agreements.

Roelie Rossouw considers the import of the latest amendment to the Housing Consumers Protection Measures Act.

Salomé van Wyk and Dana Van Zyl have replied to last week's The NHBRC and the conveyancer.

Dave Rix of Venter Van Eeden has a question about Non resident endorsements.

This year's 

Salomé van Wyk highlights potentially costly and time consuming aspects of satisfying NHBRC requirements.

Wiseman Bhuqa looks at recommendations made by the Panel of Experts on the Development of Policy Regarding Land Ownership of Foreigners in South Africa.

JKW Crowhurst makes a number of comments on Cape Town Registrar's Circular No. 5 of 2008.

Allen West responds to Comments - CT Registrar's Circular 5/2008.

Allen West responds to John Christie's Query regarding trusts and Cape Town Registrar's Circular 5/2008.

Standard Bank's Residential Property Gauge is up 13%, because of fewer lower-priced houses being sold and not because of a rise in prices.

Barry Ger writes in De Rebus about a new tax incentive to be introduced to encourage the building of new residential property.

As the year winds down, we cast our eye over a number of the big conveyancing stories which we covered in 2008.

Thabo Nqhome considers issues raised by Allen West about executors concluding sales prior to their appointments.

Thabo Nqhome considers the endorsement of testamentary trusts against title deeds.

Welcome to the first edition of the Johannesburg GhostConvey Club!

Surnames and their change in the event of marriage and divorce - a deeds registration perspective.

The first ConveyClub page for 2007.

Donald Moore of Guthrie & Rushton raises a query about the proprietary consequences of the Civil Union Act when one party is domiciled overseas.

Dudley Lee considers this thorn in the side of conveyancers and Registrars of Deeds when it comes to redistribution contracts.

Of note is that the transfer duty percentages and the thresholds at which transfer duty kicks in have not been changed.

More on the proprietary consequences of a marriage or civil union in terms of the Civil Union Act.

Dudley Lee writes that his initial reply should not be seen as disturbing.

The year seems to be going full steam ahead and work hotting up to it's usual pace for all of us.

A reply to an issue raised in Power of executor - 4 .

Your responses to last week's article SARS and delays proved interesting and are reproduced here.

Sara Scheiner believes that some revenue officers are acting ultra vires and/or unconstitutionally.

News from the Johannesburg GhostConvey Club.

A whose who of the Johannesburg GhostConvey team.

Gert Hattingh discusses the treatment of foreign currency in the Deeds Registries.

Edgar Morake wonders why deeds of transfer are registered in only English and Afrikaans.

Roelie Rossouw believes that the transfer duty implications of the disposal of a beneficiary's interest in a trust are far from clear.

A memo from SARS explaining how the amended stamp duty provisions will be applied.

News from the Johannesburg GhostConvey Club.

Allen West looks at rehabilitated insolvents and their capacity to deal with immovable property.

News from the Durban GhostConvey Club.

News from the Port Elizabeth GhostConvey Club.

Cape Town doings.

More news from the Johannesburg Convey Club.

Allen West considers the intricacies involved with the application of section 4(1)(b) of the Deeds Registries act 47 of 1937.

Happenings and news from the Durban GhostConvey Club.

GhostConvey Club doings in East London.

More activity from the GhostConvey Club.

From 1 September 2007, buyers of immovable property are required to withhold "advance taxes" (for CGT) where the seller is a non-resident.

P S Franck looks at transfer duty when immovable property is acquired by a company, a close corporation or a trust.

P S Franck illustrates the effect of the Revenue Laws Amendment Act on immovable property which is acquired by a company, a close corporation or a trust.

Wiseman Bhuqa ponders the effect of the Communal Land Rights Act (Clara) Act No.11 of 2004 on the deeds registration process.

More Durban doings.

Sydney Mekwe reports on the Conference on Communal Land Rights Act (Act 11 of 2004).

More Johannesburg jollings.

PE peregrinations.

In response to the original SA Deeds Journal article Interpretation, the Registrar of Deeds in Pretoria issued Registrars Circular 5 of 2007.

Allen West looks at the practice as laid down by the Pretoria Deeds Registry for the cancellation of the registration of a lost bond.

A checklist and information from SARS about withholding a portion of the purchase price from non-resident sellers.

Dudley Lee wants comment on affidavits required for purposes of section 4(1)(b) and regulation 68(1) of the Deeds Registries Act.

The introduction of Section 35 A of the Income Tax Act has now made tax residence rules relevant to conveyancers.

Johannesburg activities.

Robert Krautkrämer, Corrie de Jager and Herman Botha respond to Roelie Rossouw's article on the wider implications of Stalwo v Wary.

Durban doings.

The preparation of a consent required for the performance of an act of registration with reference to the consent to pass transfer given by a home owners' association.

Johann Strauss and Ken Mustard respond to Roelie Rossouw's article on the wider implications of Stalwo v Wary.

Allen West looks at the applicability of the Civil Unions Act No. 17 of 2006 to conveyancing and notarial practice.

As the year winds down, here follows a summary of the GhostDigest's coverage of conveyancing news in 2007.

It is possible to link matters within GhostConvey without importing data.

Circular 13 of the South African Institute of Chartered Accountants and certificates prepared by a company for conveyancing purposes.

We asked some attorneys what they think about the future of conveyancing over the next five years.

Roger Green calls for a review of the Transfer Duty Act, mainly because its provisions may cause delays which could adversely affect economic activity.

Allen West considers the authentication of documents executed outside of South Africa for use inside South Africa.

GhostDigest apologises for insufficient acknowledgement of Peter Cheales' book I Was Your Customer.

Small question of R5 mortgage levy could total billions.

Allen West looks at the creation of praedial servitudes in terms of section 76 of the Deeds Registries Act.

New rules on environmental impact studies should cut red tape when regulations come into force in July.

Conversant with CRCs, Regulations, RCRs, RCs and Sections?

The recent unreported Supreme Court of Appeal case of Thorpe versus Trittenwein underlines the caution which must be exercised when contracting with a trust.

The Deeds office records might not necessarily reflect the true owner of immovable property.

Gordon Stuart considers the distinction between trading stock and capital assets.

The Deeds Registries Amendment Bill 2006 has been tabled.

Allen West writes on the amendment of divorce agreements and the application of section 14 of the Deeds Registries Act 47 of 1937.

Marie Grovè draws attention to Regulation 25 of the Deeds Registries Act.

An example of the title deed endorsement necessary for a subdivision.

The qualification of servitudes and conditions on consolidation of properties must be done correctly from the outset.

... to do with extending clauses.

Allen West writes on section 62 of the Deeds Registries Act and its application to lengthy or complicated conditions.

No enabling legislation exists for the change of name of a trust, writes Allen West.

Gert Hattingh considers the noting of a caveat applicable to an unregistered land parcel in a deeds registry's records.

Dudley Lee looks at the application of Section 45bis of the Deeds Registries Act 47 of 1937 in the Deeds Registries.

Allen West feels that the provisions of section 4(1)(b) of the Deeds Registries Act, 47 of 1937 are being misused and abused.

P J Weideman considers sales in execution of property in deceased estates under section 30 of the Administration of Estates Act.

Thabo Nqhome considers aspects raised in Application of section 4(1)(b) which was published last week.

Thabo Nqhome comments on Sales in execution with reference to section 30 of the Administration of Estates Act.

Thabo Nqhome opines on two of the resolutions highlighted in last week's article on Conference resolutions.

Divorced and surviving spouses will now be exempt from paying any transfer duty.

That is the question - who is to certify that a document is a true copy?

Thabo Nqhome cannot fault Registrars Conference Resolutions 31 of 1988 and 21 of 2005.

Allen West discusses bilateral or unilateral execution of notarially executed personal servitudes.

Deeds Registries Regulation Board meeting and section 57 - a note from Allen West.

Further comments on Registrar's Conference Resolution 44 of 2005.

Allen West looks at the different methods of identifying servitudes.

Clarity on the effective date and the scope of the application of the transfer duty exemption between divorced spouses.

Lapsed praedial servitudes by merger can be difficult to identify.

Thabo Nqhome considers the meaning of "when acquired" in the Transfer Duty Act.

Photographs from the Overberg Secretaries Dinner.

George Tsotetsi comments on Registrar's Conference Resolution 21 of 2004 (lodging of divorce orders).

A response to Marie Grovè's article, Regulation 68 (of the Deeds Registries Act).

Implications of a partnership acquiring land in terms of The Subdivision of Agricultural Land Act 70 of 1970.

Welcome to the first edition of the Cape Town GhostConvey Users Club.

Allen West discusses the power of an executor to act prior to appointment.

Houses cost a lot, therefore it makes sense to get the best available rate on ones home loan.

The recently implemented flat rate of stamp duty is making waves because it effectively doubles the duty paid on property leases of five years or less.

Antoinette Reynolds assesses the implications of the Mineral and Petroleum Resources Development Act, and the Mining Titles Registration Amendment.

In the SA Deeds Journal Allen West looks at the confusion caused by sections 3 and 6A of the Sub-Division of Agricultural Land Act.

The new Rates Act of 2004 could result in a double loss for landlords.

Allen West looks at Regulation 41(1) of the Deeds Registries Act 47 of 1937 in the October SA Deeds Journal.

You may be liable for transfer duty if you are paid a cancellation fee writes Deborah Tickle in Personal Finance.

It might appear trite, but a well constructed and informative Deed of Sale is vital for a smooth property transfer.

Seven new transfer duty forms became available on the SARS website on 31 March.

Nedbank Group Legal recently released a "Legal Alert" that should be of use to attorney liaison officers, panel attorneys and Third Party Conveyancing Software vendors.

Reshika Maharaj addresses some perplexing tax issues in property transactions in the April De Rebus.

In Land Registration in South Africa (De Rebus [May edition]), Allen West looks at the proposed revision of the Deeds Registries Act and other relevant legislation.

Lizelle Kilbourn of the Cape Town-based Igqwetha Training Academy (ITA), recently gave a PowerPoint presentation to conveyancing secretaries and paralegals on the new transfer duty forms. It is reproduced here.

A brief discussion by George Tsotetsi of the Communal Land Rights Act and of a few of the Registrar's Conference resolutions.

Allen West discusses the effect of the amended regulations which came into effect on 25 October 2004.

Marie Grové has concerns about amendments to deeds and documents as well as the legibility of handwriting in them.

A recent media release about the settlement of tax disputes involving trusts owning residential property.

P J Weideman submits that an endorsement in terms of section 40 of the Administration of Estates Act should not constitute a transfer of ownership.

Andy McPherson, managing partner of strb Smith Tabata Buchanan Boyes, comments on the current state of the Deeds Office.

The first draft of a new provincial land law that will radically simplify the process of approving property developments in the Western Cape is expected to be revealed this week.

Michael Aliber considers the value of the Deeds Registry wanting to track the race and nationality of land purchasers.

A look by Tania Shawe at the Promotion of Administrative Justice Act, 2000 and its impact on the examination of deeds.

What threats and opportunities face the conveyancing profession, and what do you think - let us know.

The Draft Revenue Laws Amendment Bill 2005 and its explanatory memorandum are now online.

Allen West examines the intestate succession of black persons in the light of the Bhe decision.

Allen West looks at the registerability and effect of a condition excluding community of property.

The current issue of Integritax asks, "Will SARS hold up property transfers until the tax affairs of seller and purchaser are in order?"

Be aware of the implications if asked to provide surety for a mortgage loan on behalf of a relative or a friend and consult your attorney if in doubt.

"Who ultimately carries the responsibility for the correctness of facts in deeds and documents?" asks Allen West.

Photos from the recent GhostConvey end of year party held recently.

Reproduced with permission from the Tli Daily Newsletter of TLi Attorneys, this article discusses bond originators who require clients to sign a "Sole Mandate".

In Branding and other useless activities in Modern Practice, David Maizenberg takes a decidedly contrarian view on legal marketing.

In No future for nominees with no names? in the January/February 2004 De Rebus, Barry Ger analyses the implications of the September 2003 SARS notice on section 16 of the Transfer Duty Act.

It is illegal to try to change property sale dates to take advantage of the reduction in transfer duty.

M Deetlefs answers this question and highlights its relevance to conveyancers in last year's August Deeds Registration Law Newsletter.

Christine Speirs looks at Section 29A of the Alienation of Land Act in last year's August Deeds Registration Law Newsletter.

Disputes over occupation arrangements can take the glitter out of a housewarming.

It is about time the public was educated as to what conveyancers actually do.

Marelise van der Weshuizen delves into Interpreting s 29 and the obligation to report in this month's (April 2004) De Rebus.

The second part of the series by Marelise van der Westhuizen in the May De Rebus in which she deals further with the obligation to report in terms of s 29 of Fica.

E Hitge looks at marriage certificates in terms of Section 45 of the Deeds Registries Act in last year's August Deeds Registration Law Newsletter.

How does one get rid of an employee who does not meet the employer's expectations?

Notes on the Security by Means of Movable Property Act, 57 of 1993 and the Convention on the International Recognition of Rights to Aircraft Act, 59 of 1993.

The Financial Intelligence Centre has given banks until the end of the week to apply for an extension to the June 30 deadline for verifying the identity of clients

Louis de Villiers, writing in the June De Rebus, wants an "across the board" conveyancing tariff.

In Attorneys, privilege and confidentiality in the June 2004 De Rebus, Marelise van der Westhuizen examines whether Fica obligations can be limited by the attorney client relationship.

On most occasions, the first casualty of death, illness, retrenchment or unemployment for any South African is the individual's mortgage repayments.

The secondary market in housing barely exists in the former black townships. This has massive implications for SA's economic and social development.

Legal Education and Development [L.E.A.D] is offering a secretarial training course for conveyancing assistants.

Allen West discusses Power of attorney to appear before a notary in last year's August Deeds Registration Law Newsletter.

Banks may be off the hook regarding the Financial Intelligence Centre Act (Fica), but other accountable institutions such as attorneys and estate agents still have less than a week to comply.

A reader writes regarding his property transfer: "... a friend told me that it is the same experience as going through a divorce."

The mortgage clause in some Offers to Purchase or Agreement of Sale documents can be confusing.

In Some rules of thumb, in the July 2004 De Rebus, Marelise van der Westhuizen considers general guidelines on the issue of privilege and confidentiality.

Concerning the application of the amendment to section 17(4) of the Deeds Registries Act to customary marriages, by Allen West.

Buyers are sometimes unclear as to whether the seller is registered for Vat or not.

The tacit hypothec - what? Tenant And Landlord In South Africa has the answer.

Two aggrieved homeowners have gone to court to stop the developers of luxury beachfront apartments from blocking their panoramic sea views.

All is not lost for ripped off homeowners, according to the National Home Builders Registration Council (NHBRC) - but they will have a tough time.

Two letters to De Rebus this month (September) emphasise the need for attorneys to implement Fica properly.

A look at the effect of sequestration on the estate of the solvent spouse where parties are married out of community of property.

In the miasma of opinion about property prices, this article by John Loos, a senior economist at Absa, makes insightful reading.

A short explanation as to what syndication is.

The property boom since 2000 has been a huge money spinner for the government with revenue from transfer duties totalling about R600 million a month.

KwaZulu-Natal Lawyers and their solicitation of business from estate agents.

The Constitutional Court has dismissed an application by the Port Elizabeth municipality, which sought to evict 68 people from living in shacks on privately owned land.

When buying check that your new residential development has been approved by the local authorities before signing the sales agreement.

Part one of the subsequent registration procedures to be followed for immovable property after a divorce. By Magda Deeltefs in the SA Deeds Journal.

In The rule stare decisis and deeds office practice, in the July 2004 SA Deeds Journal, Dudley Lee explains how this rule applies to the deeds office.

A letter from the acting registrar of deeds to Sophia de Klerk, the chairperson of the Property Law Sub Committee of the Johannesburg Attorneys Association (JAA).

In a year in which over 300 articles were written, it was surprisingly easy to choose the top ten GhostDigest articles of 2004.

In the October 2004 SA Deeds Journal, Allen West discusses amendments to powers of attorney and transfer duty receipts.

Guidance to members of the Law Society of the Cape of Good Hope regarding unprofessional conduct or misconduct in terms of rule 14(4).

A discussion of submissions made by the Property Law Committee of the Law Society of South Africa that specifically concern conveyancers.

The South African Revenue Services (SARS) has, with the Revenue Laws Amendment Act, No. 74 of 2002, tightened a popular loophole. Owners are no longer allowed to put residential properties into trusts, companies and close corporations, thereby avoiding paying transfer duty on the value of the property.

In an old (July 2001) but thought provoking article from the Financial Mail, republished in Banking News, the author maintains that additional costs to property transactions in South Africa are among the highest in the world.

The effects of the Legal Practice Bill on South Africa's 14 000 attorneys are discussed in a survey comprising three articles which appeared in the Business Times on 23 March. Threats to the attorney's traditional sources of income, multi-disciplinary practices and the proposals for a single governing body for the legal profession are covered.

The author of a letter headed Transportbesorging is regswerk, in the Letters, Opinion section of the July 2001 edition of De Rebus, maintains that conveyancing is legal work and that it should only be performed by lawyers who are schooled in the law.

In the Letters, Opinion section of the May 2003 edition of De Rebus, Roger Green looks at the seller's right to nominate the conveyancer in the light of the abrogation through disuse where the purchaser had that right.

Dream or reality within 4 years? What do you think, vote in the survey on our home page.

Allen West gives his opinion in the June 2003 edition of De Rebuson the dilemma faced by registrars of deeds over whether the cession of personal servitudes are capable of being registered.

What steps should the reasonable attorney, acting diligently and with the necessary care expected of him, take when registering bonds for Companies or Close Corporations in favour of financial institutions?

Mike Nolan, in a letter in the July De Rebus, argues for a test case to challenge the SA Revenue Service (SARS) over the sale of a beneficial interest in a property owning trust.

Allen West, writing in the July 2003 De Rebus endeavours to set the record straight with regard to sales in insolvency and sales in execution, where the holder of a personal servitude has waived preference of his right in favour of a bond which was registered subsequent to the personal servitude.

This is the second instalment in our series of articles on Risky Areas in Conveyancing Practice, taken from the Risk Alert Bulletin and published with the permission of the Attorneys Insurance Indemnity Fund.

This is the last instalment in our series of articles on Risky Areas in Conveyancing Practice, taken from the May Risk Alert Bulletin and re-published with their permission.

How does a conveyancer deal with assets that are still registered in the name of a company which has been liquidated and its affairs fully wound up in terms of s 419 of the Companies Act 61 of 1973?

The 1529 Plakaat inzake verkopen of vervreemden van huizen, erven, land, enz of Emperor Charles V forms the basis of our system of land registration and is therefore worth reproducing here.

In Is a Sale of Property Subject to Transfer Duty or Vat? by Fatima Rodrigues in Vol. 32 of Property Werks, the transfer duty and Vat position applicable to property transactions is summarised.

Roos No en 'n Ander v Kevin & Lasia Property Investments Bk en Andere 2002 (6) SA 409 (T) highlights the importance of ensuring that when a property is being sold "as a going concern" the sale is advertised according to the requirements of Section 34(1) of the Insolvency Act 24 of 1936 ("the Act").

A table describing what has to be done by attorneys to meet the requirements of Fica.

A couple married in community of property must both sign all the relevant documents - especially the offer to purchase - to ensure a valid sale.

Richard Rom writes that sellers should be aware of the different types of mandates which estate agents use. This knowledge could prevent unnecessary expense and irritation.

Real rights not all roses, on Property24, cautions against the enthusiasm of banks and developers for sectional title schemes sold on a "real rights" basis.