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GENERAL - Patrimonial consequences - Property 24/10 - 26 - Liquidation of COs and CCs LINKS - Links (A - H) - Links (I - Y) INTERNATIONAL - Confused over conveyancing - R.I.P. HIPs NCA NEWS - Consumer Protection Bill - KYC fees - Waiver of exceptions - Clobbering - NCA Q's and A's: Credit providers - II IT & THE LAWYER - A market leader - Move to technology - Citation index E-CONVEYANCING - Fully electronic property - The future of conveyancing - Combined platform PEOPLE & NEWS - Clearance applications - City of Johannesburg - Credibility under fire - Fiasco TABLES OF COSTS - Conveyancing Tables - September 2010 - Schedule of fees – Sept 2010 LAW REPORTS - Simcha - Northview SECTIONAL TITLES - Total recall - Key differences - Capital of nature or capital punishment WEB BYTES - Web Bytes 300 - Web Bytes 299 - Web Bytes 298 PRACTICE MANAGEMENT - L.E.A.D updates - On the record - Paying your clients bills? STATISTICS - Survey 2010 - Figures - Transfer duty collections - Survey II - Pietermaritzburg BOOKS - The Practitioner's Guide (second edition) - The ABC of Conveyancing     Patrimonial consequences 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. More... Liquidation of COs and CCs Allen West draws attention to the liquidation of companies and close corporations and the lodgement of bonds for disposal in terms of s 56(1)(b) of the Deeds Registries Act. More... Redistribution answer Allen West replies to a query by Donald Moore regarding redistribution agreements following Redistribution Agreements last week. More... Redistribution agreements - legality When is it lawful to enter into a redistribution agreement asks Allen West? More... Cancellation of restrictive conditions The doctrine whereby purchasers of erven from a common vendor may enforce inter se restrictive conditions and attendant conveyancing issues are discussed by Allen West. More... Property 24/10 - 23 This week's round up of the ten best or so Property24 stories of the week includes: Tantalising black décor, high rental demand and a market overview of coastal properties. More... Subject to ties – IV Dudley Lee responds to Thabo Nqhome's arguments in Subject to Ties III with a simple argument. More... Yet another innovation A new centralised matter list where you can view all your conveyancing matters as well as an enhanced management reports facility were recently released in GhostConvey v12.6. More... Reversionary rights Allen West looks at the practice and procedures to be followed surrounding reversionary rights. More... Property 24/10 - 19 This week's round up of the ten best or so Property24 stories of the week includes: SAPOA drags Johannesburg Council to court, recovery still 12 to 18 months away, and PE's commercial hub. More... Property 24/10 - 18 This week's round up of the ten best or so Property24 stories of the week includes: residential recovery is over, upgrading and a new CT property policy. More... Reversal of intent Wiseman Bhuqa explores the reversal of the intentional vesting of property from one tier of government to another. More... Subject to ties - III 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... Restrictive conditions 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. More... Response to substitution Thabo Nqhome agrees that the substitution allowed by RCR 18/2009 is legally indefensible and more specifically conflicts with section 20 of the Deeds Registries Act. More... Subject to ties - II Dudley Lee agrees with Thabo Nqhome that a certificate of title is a title to land, he disputes a number of other issues however. More... Admin fee increase Administration fees for rates clearance applications in Cape Town will be increasing from 1 July this year. More... Substitution of the appearer M S Mekwe considers this practice in the light of an obiter dictum in a Namibian case and RCR18 of 2009. More... Subject to ties – a response 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. More... Subject to ties Dudley Lee discusses the consolidation of agricultural land subject to tie conditions. More... Lapsing of outspans The lapsing of outspans on the transfer of land in the former Transvaal. More... Chief Registrar's Circulars 3 and 4/2010 Chief Registrar's Circulars No.3 and No.4 of 2010 - concern amendments to the Sectional Titles Act and Deeds Registries Act respectively. More... Property 24/10 - 9 This week's round up of the ten best or so Property24 stories of the week includes: flexible loans, an overview of utility metering, struggling offices north and south. More... Chief Registrar's Circular 2/2010 Chief Registrar's Circular No.2 of 2010 - Applications in terms of Section 4(1)(b) of the Deeds Registries Act - requirements and limitations. More... Property 24/10 - 7 This week's round up of the ten best or so Property24 stories of the week includes: Govt to spend R16 bn on housing, a wellness test for HOAs, and taking the stress out of valuations. More... Property 24/10 - 6 This week's round up of the ten best or so Property24 stories of the week includes: the feared double-dip, insuring one's property, and disclosing defects to buyers. More... Purchase price and Vat Deeds of sale must correctly reflect whether the purchase price includes VAT or not writes Allen West. More... Causa for tax window - 2 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. More... Chief Registrar's Circular 1/2002 The attention of conveyancers is drawn to Chief Registrar's Circular No.1 of 2002 - The South African National Roads Agency Limited. More... Property 24/10 - 3 This week's round up of the five best or so of the Property24 stories of the week includes: the financial benefits of a mortgage, high deposits still required and filling your blind spot. More... Fraudulent transfer The issue in a recent arbitration was whether one T, in whose name a valuable large, seaside property was registered in the Deeds Office, was the owner of that property. More... Cape Registrar's Circular No. 4/2010 Cape Town Registrar's Circular No.4 of 2010 - To provide clarification in the application of the Registrars' Conference Resolutions of 2009. More... More s9(20) thoughts Anville van Wyk pens some thoughts on s9(20) and the transfer of residences from companies and trusts to individuals. More... S 18(3) sales – a response Thabo Nqhome does not subscribe to the view contained in last week's article Section 18 (3) sales. More... Company law update Prof Anneli Loubser will be presenting a workshop on the major changes to corporate law following the Companies Act coming into force during 2010. More... Tax window transfers Bobby Bertrand of Bowman Gilfillan, Cape Town, has reservations about the suggested causae published last week. More... Chief Registrar's Circular 1/2010 Chief Registrar's Circular No.1 of 2010 - Cancellation of registration of a lost or destroyed bond. More... Chief Registrar's Circulars 11 - 13/2009 Chief Registrar's Circulars No.11 to13 of 2009 - Changes of name of Mittal Steel, Interfusion Finance and the transfer of Mercantile Bank Assets. More... More clarity Antoinné van Deventer provides clarity to some confusion following her answer to the first question in Questions posed last week. More... Questions posed Attorneys pose questions around the interpretation of para 51(2)(c) of the Eighth Schedule to the Income Tax Act and matters germane thereto. More... Rule 63 reply to question Charles Pearson agrees with Kevin Schaafsma when considering the requirements of the provisions of Rule 63(1). More... Moratorium questions answered Antoinné van Deventer of Sars answers a question posed by Donald Moore and others about the practical application of the Section 9(20) Exemption. More... Transfer duty memorandum 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. More... Rule 63 reply Kevin Schaafsma replies to the query in Two Questions last week about the point of Rule 63 authentications. More... Information brochures LSSA flyers on "Buying or Selling a House" and "Deceased Estates" are available to attorneys for marketing purposes - in five languages. More... Conference Resolutions 2009 Over 70 resolutions were passed at the 2009 Registrars' Conference held recently. More... Appointment of an administrator - response Thabo Nqhome responds to Allen West in his discussion of the appointment of an administrator vis-à-vis a curator. More... Discretion of registrars The LSSA Property Law Committee supports the discretion of registrars and their comments on the Sectional Titles Bill. More... Comment on certificates Sieg Heiriss clarifies an aspect of Electrical Compliance Certificates raised in an article last week. More... Conference Resolutions 08(1) George Tsotetsi discusses twenty two of the seventy resolutions taken at the 2008 Registrars Conference. More... Certificate note A note on Electrical Compliance Certificates and changes of ownership. More... Customary marriages - Gumede 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. More... Skills transfer – a priority The LSSA needs you as a mentor to help some 150 attorneys in strengthening their practices. More... Qualification of conditions - 4 Allen West concludes his discussion of the qualification of conditions by looking at the rest of the Deeds Registries. More... Qualification of conditions - 3 Allen West looks at the qualification of conditions in the Cape Town deeds registry. More... Qualification of conditions - 2 Allen West looks at the qualification of praedial servitudes in deeds of transfer and certificates of title of land in the former Transvaal. More... Qualification of conditions - 1 Allen West looks at the qualification of personal servitudes in deeds of transfer and certificates of title of land in the former Transvaal. More... Company owned homes II Roger Green of Cox Yeats comments on the amended Taxation Laws Amendment Bill which was published by SARS on the 1st September. More... Red flag A list of red flag areas in conveyancing practice compiled in the Attorneys Fidelity Fund Risk Alert Bulletin. More... Turf battle Battle for the turf - Wiseman Bhuqa explores the legal position between executors and fideicommissary heirs vis-a-vis lease contracts. More... Taxation Laws Amendment – reply 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. More... Company owned homes 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. More... To tie or consolidate? The Subdivision of Agricultural Land Act, Act 70 of 1970 - to tie or to consolidate - is there a difference, asks L J Vosloo? More... Examiners be aware Allen West draws the attention of examiners to their onerous duties with regard to the checking of interdicts. More... Cape Town Registrar's Circular 3 of 2009 Cape Registrar's Circular No 3 of 2009 - Levying of rates for real rights registered over immovable property. More... Chief Registrar's Circular 9/2009 Chief Registrar's Circular No. 9 of 2009 - Alterations and errors in transfer duty receipts. More... Common Law massing Wiseman Bhuqa looks at common law massing and joining of surviving spouse with executor in terms of section 21 of the Deeds Registries Act 47 of 1937. More... The Land restitution process - 1 Blessing Mphela (Acting Chief Land Claims Commissioner) addresses the perception that land reform in South Africa is failing. More... Court application The JAA Property Law Sub Committee wants submissions regarding an application to enforce PAJA against the Registrar of Deeds. More... Chief Registrar's Circular 7/2009 Chief Registrar's Circular No. 7 of 2009 - Repeal of the Bible Society of South Africa Act, No. 15 of 1970. More... Redistribution and massing - reply Thabo Nqhome does not agree with the views expressed by Wiseman Bhuqa in Redistribution and massing.. More... Redistribution and massing Wiseman Bhuqa discusses the transfer duty implications of section 45(1) of the Deeds Registries Act on redistribution and massing. More... Deneys Reitz Conveyancing seminar The Johannesburg Attorneys Association - Property Law Sub-committee invites you to a conveyancing seminar at Deneys Reitz. More... Directives Directives 1 to 4 of the Chief Master giving guidelines to ensure a uniform approach by Masters in respect of various matters. More... Registering Agricultural land - II Thabo Nqhome writes that the Deeds Registries Act does not amend the substantive law on the vesting of ownership of partnership property. More... Transfer duty, companies and CCs Corné Bekker considers the assessment of transfer duty with regards to companies and close corporations. More... Exam preparation Workshops are to be held in Cape Town, Pretoria and Durban to prepare candidates for the conveyancing exam in May. More... Spousal consent When it is necessary and when not, Diane Canterbury looks at the requirement. More... SANRAL Memorandum South African National Roads Agency v Chief Registrar of Deeds and Others - memorandum from the Chief Registrar of Deeds. More... Fees to increase Deeds Office fees are to increase from 28 March 2009. More... EUAs and s 45 – a reply Thabo Nqhome replies to A G Farndell's discussion of EUAs and s 45. More... Cape Town Registrar's Notice 1 of 2009 Cape Registrar's Notice No 1 of 2009 - notes on the 2009 Registrar's Conference Resolutions. More... Most common causes A list of the most common causes for deeds being rejected by the Deeds Office. More... EUAs and s 45 Why an EUA Is an incorporeal immovable thing - A G Farndell explains. More... Do both need to sign? Do a husband and a wife both need to sign when purchasing immovable property asks Roelie Rossouw? More... Viability of land rights Tracey Moss looks at viability of the Communal Land Rights Act in tribal areas. More... 2009 Seminar Allen West is to present seminars around the country on new developments in conveyancing for 2009. More... Demystified Salim Patel (Chairman of the Western Cape Rental Housing Tribunal) demystifies the Tribunal. More... Customary marriages and estates Wiseman Bhuqa discusses customary marriages and deceased estates of the indigenous black people of South Africa vis-a-vis Deeds Office practice and procedures. More... Notarial note - II Allen West responds to last week's Notarial note. More... Chief Registrar's Circular 2/2009 Chief Registrar's Circular No.2 of 2009 - Mechanisation: Data capturing and scanning of registered deeds and documents. More... The year that was 2008 As the year winds down, we cast our eye over a number of the big conveyancing stories which we covered in 2008. More... Gumede – a note Allen West has a note of warning for conveyancers following the Gumede decision. More... December Property Gauge 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. More... Lapsing attachments Allen West discusses the lapsing of attachment orders issued by the Magistrates Court. More... Capacity to adiate Allen West responds to Comments - CT Registrar's Circular 5/2008. More... Chief Registrar's Circular 9/2008 Chief Registrar's Circular No.9 of 2008 - Certificates in terms of item 28(1) of Schedule 6 of the Constitution. More... Chief Registrar's Circular 7/2008 Chief Registrar's Circular No.7 of 2008 - Agricultural Debt Management Repeal Act (Act No. 15 of 2008). More... Cape Town Registrar's Circular 5/2008 Cape Town Registrar's Circular No. 5 of 2008 - Massing and Adiation, Trusts and Section 40 Endorsements. More... Non-resident endorsements II Wiseman Bhuqa looks at recommendations made by the Panel of Experts on the Development of Policy Regarding Land Ownership of Foreigners in South Africa. More... Chief Registrar's Circular 6/2008 Chief Registrar's Circular No.6 of 2008 - Certificates in terms of Item 28(1) of the Constitution. More... Non resident endorsements Dave Rix of Venter Van Eeden has a question about Non resident endorsements. More... Schedule of fees A new Schedule of Fees of Office for the Deeds Registries will come into effect on 27 October. More... Testamentary conditions - reply Adrie van der Merwe responds to Testamentary conditions and redistribution agreements. More... Conditions contained George Tsotetsi considers the implications of Van Rensburg regarding conditions contained in a title deed. More... Pretoria Registrar's Circular 2/2008 Pretoria Registrar's Circular No.2 of 2008 - Rates clearance certificates: sectional titles units. More... Exam guidelines Allen West's valuable Guidelines to prepare for the conveyancing examination document. More... Chief Registrar's Circular 4/2008 Chief Registrar's Circular No.4 of 2008 - Astronomy Graphic Advantage Act (Act No. 21 of 2007). More... Customary Marriages Act - 1 Margaret Meyer delves into the implications of The Recognition of Customary Marriages Act, 120 of 1998. More... Artikel 228 Pieta Strauss focuses on the impact of section 228 of the Companies Act on registering a mortgage bond. More... s 228 of Companies Act - opinions I Thabo Nqhome and Esther-Lana Housego respond to the question raised by Allen West about disposals and mortgage bonds. More... Undertakings Hesma Strydom recommends a number of preventative steps to guard against claims arising when undertakings are given to bridging finance companies. More... Necessity of Deeds Registry Professor Andreas van Wyk underlines the value of the Deeds Registry to South Africa's economic infrastructure. More... Waiver of legal exceptions Allen West raises and seeks an answer to the following urgent question "Does an onus rest on the Registrar of Deeds to register a mortgage bond containing the regulation 32 legal exceptions?" More... Massing and adiation Allen West compares massing and adiation vis à vis massing and election. More... Section 9(1)(i) Exemption of transfer duty: Section 9(1)(i) of the Transfer Duty Act 40 of 1949, a query. More... A conundrum Donald Moore of Guthrie & Rushton Attorneys presents us with a conveyancing conundrum, concerning Section 45 bis of the Deeds Registries Act. More... Deeds Registries Bill The Deeds Registries Amendment Bill 2008 proposes certain amendments regarding certain obsolete expressions. More... Conveyancing exam preparation A workshop aimed at preparing the candidate for the Conveyancing Exam on 14 May 2008 is to be held in Cape Town and Durban in April. More... Chief Registrar's Circular 1/2008 Chief Registrar's Circular No.1 of 2008 - Children's Act, No. 38 of 2005, coming into operation of sections 17 and 18 and their effect on deeds registries. More... Consent on behalf of a minor S K Heiriss considers the implication of Chief Registrar's Circular 1 of 2008 for the alienation of minor's property. More... Gautrain analysis Lightstone has just completed an analysis on the impact of Gautrain on residential property prices in areas close to the new stations. More... The notary Allen West looks at the responsibility and functions of the notary. More... What will 2008 hold? Let us know your predictions about property, legal developments, prospects for conveyancing firms - opportunities and threats. More... Borrowed time Vic de Klerk reckons banks should rid themselves of bond originators. More... Civil Unions Act Allen West looks at the applicability of the Civil Unions Act No. 17 of 2006 to conveyancing and notarial practice. More... Analysis of an ID number Allen West deconstructs the numbers within an Identity Number. More... Stalwo - more Johann Strauss and Ken Mustard respond to Roelie Rossouw's article on the wider implications of Stalwo v Wary. More... Stalwo responses Robert Krautkrämer, Corrie de Jager and Herman Botha respond to Roelie Rossouw's article on the wider implications of Stalwo v Wary. More... Stalwo memorandum Roelie Rossouw considers the wider implications of Stalwo v Wary. More... Stalwo v Wary Is this an invitation to farmers to subdivide their farms into a thousand pieces, thereby rendering the Agricultural Land Act ineffective, asks Lizelle Kilbourn? More... A rethink Dudley Lee wants comment on affidavits required for purposes of section 4(1)(b) and regulation 68(1) of the Deeds Registries Act. More... Lost bond Allen West looks at the practice as laid down by the Pretoria Deeds Registry for the cancellation of the registration of a lost bond. More... Interpretation George Tsotetsi gives an interpretation of Section 101(4) of Ordinance 15 of 1986. More... Municipal vs fair market value The implications of SARS charging buyers transfer duty based on municipal valuations rather than the purchase price. More... Chief Registrar's Circular 11/2007 Chief Registrar's Circular No. 11 of 2007 - change of name of Tiger Food Brands Limited to Tiger Consumer Brands Limited . More... Clara - I Wiseman Bhuqa ponders the effect of the Communal Land Rights Act (Clara) Act No.11 of 2004 on the deeds registration process. More... Tax trap From 1 September 2007, buyers of immovable property are required to withhold "advance taxes" (for CGT) where the seller is a non-resident. More... Clarity on CRC 10/2007 The Chief Registrar recently issued a memorandum clarifying uncertainty and confusion about paragraph 4 of Circular No. 10 of 2007 - regarding the Children's Act, No 38 of 2005. More... Chief Registrar's Circular 10/2007 Chief Registrar's Circular No. 10 of 2007 - Commencement of certain sections of the Children's Act, No 38 of 2005. More... Transfer duty handbook SARS's handbook about the application of transfer duty to immovable property. More... Rehabilitated insolvents Allen West looks at rehabilitated insolvents and their capacity to deal with immovable property. More... Chief Registrar's Circular 7/2007 Chief Registrar's Circular No. 7 of 2007 - National Heritage Resources Act (No 25 of 1999). More... Putting foot The Pretoria Deeds Registrar recently put his foot down on malpractices. More... Foreign currency Gert Hattingh discusses the treatment of foreign currency in the Deeds Registries. More... Registrars' Conference 2006 Some 61 resolutions were passed at the Registrars Conference last year. More... More on SARS delays Sara Scheiner believes that some revenue officers are acting ultra vires and/or unconstitutionally. More... Responses to SARS Your responses to last week's article SARS and delays proved interesting and are reproduced here. More... SARS and delays Have the amendments to the Transfer Duty Act resulted in delays of property transfers? More... Power of executor - 4 Dudley Lee writes that his initial reply should not be seen as disturbing. More... Budget - 2007 Of note is that the transfer duty percentages and the thresholds at which transfer duty kicks in have not been changed. More... A hole? Donald Moore of Guthrie & Rushton raises a query about the proprietary consequences of the Civil Union Act when one party is domiciled overseas. More... Chief Registrar's Circular 1 and 2/2007 Chief Registrar's Circulars 1 and 2 of 2007 concern the Civil Union Act 17 of 2006 and the Further Education and Training Colleges Act 16 of 2006 respectively. More... Endorsement of testamentary trusts Thabo Nqhome considers the endorsement of testamentary trusts against title deeds. More... Power of executor – a reply Thabo Nqhome considers issues raised by Allen West about executors concluding sales prior to their appointments. More... The year that was 2006 As the year winds down, here follows a summary of the GhostDigest's coverage of conveyancing news in 2006. More... Testamentary conditions Allen West considers problems which arise with testamentary conditions and redistribution agreements. More... RCR 21 of 2004 George Tsotetsi comments on Registrar's Conference Resolution 21 of 2004 (lodging of divorce orders). More... Regulation 68 comments The application of Regulation 68 of the Deeds Registries Act is commented on by Marie Grovè. More... Lapsing of servitudes by merger Lapsed praedial servitudes by merger can be difficult to identify. More... Identification of servitudes Allen West looks at the different methods of identifying servitudes. More... Resolution 44/2005 Further comments on Registrar's Conference Resolution 44 of 2005. More... Unintended consequences Roelie Rossouw writes that the National Credit Act creates the possibility for unscrupulous borrowers to take unfair advantage of unsophisticated lenders. More... To certify or not to certify … II Thabo Nqhome cannot fault Registrars Conference Resolutions 31 of 1988 and 21 of 2005. More... Divorced spouses Divorced and surviving spouses will now be exempt from paying any transfer duty. More... Conference resolutions - II Thabo Nqhome opines on two of the resolutions highlighted in last week's article on Conference resolutions. More... Sales in execution - a reply Thabo Nqhome comments on Sales in execution with reference to section 30 of the Administration of Estates Act. More... Sales in execution P J Weideman considers sales in execution of property in deceased estates under section 30 of the Administration of Estates Act. More... Section 45(bis) applied - II Thabo Nqhome considers aspects raised in Section 45(bis) applied which was published last week. More... Section 45(bis) applied Dudley Lee looks at the application of Section 45bis of the Deeds Registries Act 47 of 1937 in the Deeds Registries. More... Noting a caveat Gert Hattingh considers the noting of a caveat applicable to an unregistered land parcel in a deeds registry's records. More... Full ownership v leasehold Frans van Hoogstraten considers the legal implications of full ownership as opposed to leasehold title to immovable property. More... Mortgage bond note ... to do with extending clauses. More... Property law guidelines The Law Society of the Northern Provinces has produced a document Guidelines for conducting property law matters. More... Regulation 25 Marie Grovè draws attention to Regulation 25 of the Deeds Registries Act. More... Your contributions wanted! The GhostDigest has been publishing conveyancing and property news for just over three years and it is read by thousands of conveyancers. More... Dissolution of companies Allen West looks at the problem of the dissolution of companies and bona vacantia assets. More... Owner of property? The Deeds office records might not necessarily reflect the true owner of immovable property. More... ABC of town planning - I The first in a series of articles about town planning published in the May 2006 De Rebus. More... Environment impact rules New rules on environmental impact studies should cut red tape when regulations come into force in July. More... Praedial servitudes Allen West looks at the creation of praedial servitudes in terms of section 76 of the Deeds Registries Act. More... R5 mortgage question Small question of R5 mortgage levy could total billions. More... Authentication Allen West considers the authentication of documents executed outside of South Africa for use inside South Africa. More... Chief Registrar's Circular 2/2006 The Chief Registrar's Circular No.2 of 2006 concerns the Municipal Property Rates Act, No. 6 of 2004. More... Tax and homeownership Nowadays it is seldom advantageous (from a tax point of view) to register ownership of a private home in the name of a trust, close corporation or a company. More... Prognostications We asked some attorneys what they think about the future of conveyancing over the next five years. More... Chief Registrar's Circulars 16 and 17 Chief Registrar's Circulars Nos. 16 and 17 of 2005 were issued on the 2nd and 19th of December last year respectively. More... Validity Allen West discusses the validity of rates clearance certificates in the October 2005 SA Deeds Journal. More... Chief Registrar's Circular 15 The Chief Registrar's Circular No.15 of 2005 concerns the change of name of AdvED Education (Pty) Ltd and Advtech Education (Pty) Ltd. More... Who is responsible? "Who ultimately carries the responsibility for the correctness of facts in deeds and documents?" asks Allen West. More... Signing suretyships 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. More... Extending clauses Marie Grové discusses the use of extending clauses in conventional deeds. More... Intestate succession Allen West examines the intestate succession of black persons in the light of the Bhe decision. More... Draft Revenue Laws The Draft Revenue Laws Amendment Bill 2005 and its explanatory memorandum are now online. More... Chief Registrar's Circular 14 The Chief Registrar's Circular No. 14 of 2005 concerns the conversion of Lafarge from a public company into a private one. More... Deeds Examination A look by Tania Shawe at the Promotion of Administrative Justice Act, 2000 and its impact on the examination of deeds. More... Permission to occupy May a Permission to Occupy serve as security under a notarial mortgage bond, asks Henry Lourens? More... Smarter property law 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. More... Section 40 endorsement 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. More... Deeds registry in Durban? Garrick Laudin asks whether it is not time to have a title deeds registry in Durban. More... Deeds Registries Act amendments Allen West discusses the effect of the amended regulations which came into effect on 25 October 2004. More... Chief Registrar's Circular 11 Chief Registrar's Circular No. 11 of 2005 was recently issued. It concerns the lodgement of rates clearance certificates. More... Chief Registrar's Circulars 8 – 10 Chief Registrar's Circulars Nos. 8 to 10 of 2005 were recently issued. It is the last two which are of most interest to the conveyancer. More... TD form presentation 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. More... Chief Registrar'sCircular – 7 The Chief Registrar's Circular No. 7 of 2005 was released this week. It's about Ispat Iscor's name change. More... Chief Registrar's Circular - 6 The Chief Registrar's Circular No. 6 of 2005 was released recently. It concerns the "Electronic issuing and filing of transfer duty receipts". More... SARS and conveyancers Every sale of property is subject to an investigation on all taxes, not just transfer duty or VAT. More... Nedbank legal alert 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. More... A reply to Tax and cancellations ED Grobbelaar replies to the article Tax and cancellations which appeared in the GhostDigest last month. More... Tax and cancellations You may be liable for transfer duty if you are paid a cancellation fee writes Deborah Tickle in Personal Finance. More... Regulation 41(1) Allen West looks at Regulation 41(1) of the Deeds Registries Act 47 of 1937 in the October SA Deeds Journal. More... Be CGT prepared This financial year will be the year in which many property sellers will encounter CGT for the first time. More... Minerals and prospects Antoinette Reynolds assesses the implications of the Mineral and Petroleum Resources Development Act, and the Mining Titles Registration Amendment. More... Flat rate of stamp duty 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. More... Prime less 2% Houses cost a lot, therefore it makes sense to get the best available rate on ones home loan. More... To initial or to certify? In the October 2004 SA Deeds Journal, Allen West discusses amendments to powers of attorney and transfer duty receipts. More... Jhb Deeds Office delays 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). More... Immovable property and divorce - 2 Part two of the subsequent registration procedures to be followed for immovable property after a divorce. By Magda Deeltefs in the SA Deeds Journal. More... Opt out clauses When buying check that your new residential development has been approved by the local authorities before signing the sales agreement. More... Squatters celebrate victory 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. More... Dubious attorney links KwaZulu-Natal Lawyers and their solicitation of business from estate agents. More... Body corporates, their managing agents and fees In this hard hitting article Stian Dreyer regards the fees being asked by body corporates for the issuing of levy certificates as being excessive, an abuse of process, and even illegal. More... A query A query was received as to who pockets the interest on levies collected in advance. More... Opinions on Fica Two letters to De Rebus this month (September) emphasise the need for attorneys to implement Fica properly. More... Testate or intestate? How does one prove that an estate should devolve intestate or testate if a death notice is silent in this regard? asks Tanya Shaw in the SA Deeds Journal. More... Sea view fight Two aggrieved homeowners have gone to court to stop the developers of luxury beachfront apartments from blocking their panoramic sea views. More... A note on Vat Buyers are sometimes unclear as to whether the seller is registered for Vat or not. More... PE Club – June/August 2010 Mid-year activity from Port Elizabeth after an hiatus of some months. More... Check that information Much time and frustration can be saved if the information on a deed of sale is correct. More... Fica rules of thumb 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. More... Check the mortgage clause The mortgage clause in some Offers to Purchase or Agreement of Sale documents can be confusing. More... Jhb Convey Club – July 2009 Johannesburg activities for the month of July 2009. More... Registrars Conference Resolutions A brief update from the registrars' conference held in November last year, by George Tsotetsi in the July SA Deeds Journal. More... JHB Club – May 09 Johannesburg activities. More... Frustrated A reader writes regarding his property transfer: "... a friend told me that it is the same experience as going through a divorce." More... Two years to transfer It took Dudu Mgaga two long years to have the Soweto house she had been renting finally registered in her name. More... Port Elizabeth Club – September - November 2009 Edition Port Elizabeth doings for September -> November this year. More... Conveyancing course Legal Education and Development [L.E.A.D] is offering a secretarial training course for conveyancing assistants. More... The Immigration Act Allen West considers its effect on deeds registry practice in this year's January Deeds Registration Law Newsletter. More... Conveyancing tariff debate Last week's article on Louis de Villiers' call for the profession to reconsider the conveyancing tariff again has had a lively response. More... Fica - attorney client privilege 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. More... Fica reprieve 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 More... Notarial bonds 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. More... Marriage certificate or not? 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. More... KZN Planning and Development Act Christine Spiers discusses the KwaZulu-Natal Planning and Development Act No 5 of 1998. More... Section 29 of Fica Marelise van der Weshuizen delves into Interpreting s 29 and the obligation to report in this month's (April 2004) De Rebus. More... CRC No 6 of 2004 The Chief Registrar's Circular, No 6 of 2004 (5 March) deals with the vesting of assets to be registered in favour of a trust. More... Occupation arrangements Disputes over occupation arrangements can take the glitter out of a housewarming. More... Changing deals It is illegal to try to change property sale dates to take advantage of the reduction in transfer duty. More... Un-named nominees 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. More... Port Elizabeth Club – June to August 2009 Port Elizabeth doings. More... PE Convey Cub - April/May 09 PE doings. More... JHB Convey Club – March 2009 Johannesburg doings and suchlike. More... JHB Convey Club – March 2008 Johannesburg activity. More... Jhb Convey Club – February 2008 Johannesburg activities. More... Jhb Convey Club – Nov 2007 Johannesburg activities. More... Durban Convey Club – Nov 07 Durban doings. More... Durban Convey Club – Oct 07 Durban doings. More... Durban Convey Club – July 07 Happenings and news from the Durban GhostConvey Club. More... PE Convey Club Sept 07 PE peregrinations. More... CPT Convey Club August 07 More activity from the GhostConvey Club. More... EL Convey Club - August 07 GhostConvey Club doings in East London. More... EL GhostConvey club February 07 The first Club page for the year 2007. More... PE Convey Club – June 07 News from the Port Elizabeth GhostConvey Club. More... EL Convey Club – June 07 Changes to the Developments module and the usual doings in East London. More... CPT Convey Club June 07 Cape Town doings. More... Jhb Convey Club – June 07 News from the Johannesburg GhostConvey Club. More... JHB Convey Club - March 07 The March 2007 ConveyClub newsletter. More... Property 24/10 - 26 This week's round up of the ten best or so Property24 stories of the week includes: the case for a buyers agent, negotiating a better loan rate, and a R2 million garage for sale. More... Chief Registrar's Circular 7/2010 Chief Registrar's Circular No.7 of 2010 - Amended Schedule of Fees and the practice to be followed with regard to item 1(a). More... Property 24/10 - 25 This week's round up of the ten best or so Property24 stories of the week includes: becoming more energy efficient, property and marriage, and homeownership is more than a nest egg. More... Property 24/10 - 24 This week's round up of the ten best or so Property24 stories of the week includes: Make the move without the stress, sellers dropping their prices, and average deposit now R156k. More... Subject to ties - V Thabo Nqhome responds to Dudley Lee's simple 4-point argument, certificate of title and the meaning of "dealing with". More... Positive and Negative Allen West highlights the need for conveyancers to distinguish between the creation of positive and negative personal servitudes. More... Property 24/10 - 22 This week's round up of the ten best or so Property24 stories of the week includes: Going green, save for that deposit, and when votes are not allowed in sectional title meetings. More... Property 24/10 - 21 This week's round up of the ten best or so Property24 stories of the week includes: dollying up the place to rent, deeds scam could mean insurance, and what's behind the front door. More... Property 24/10 - 20 This week's round up of the ten best or so Property24 stories of the week includes: building penalties, empowering the consumer, waiting to sell won't help and location, location…. More... Reversal – a reply 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. More... Amendment Bill 13 of 2010 The Deeds Registries Amendment Bill, No. 13 of 2010 was published recently. It provides for the enactment of a number of amendments to the Act. More... Property 24/10 - 17 This week's round up of the ten best or so Property24 stories of the week includes: Any season is good for selling, buying, don't fix your bond rate, and how to increase rentals. More... Property 24/10 - 16 This week's round up of the ten best or so Property24 stories of the week includes: creating a workshop at home, a property conference for investors and buy below your means. More... Property 24/10 - 15 This week's round up of the ten best or so Property24 stories of the week includes: The facts of taxing property, housing fraud, and a quick test for first time homebuyers. More... Chief Registrar's Circular 5/2010 Chief Registrar's Circular No.5 of 2010 - concerns the prohibition of expediting deeds other than deeds relating to land reform transactions. More... Effecting causae Explanatory notes on how to effect Section 9(20) transfers from juristic entities from within GhostConvey. More... Property 24/10 - 14 This week's round up of the ten best or so Property24 stories of the week includes: a multi-unit rating tool, property sales volumes still falling, and exposing your old brickwork. More... Property 24/10 - 13 This week's round up of the ten best or so Property24 stories of the week includes: Check insurance during occupation, seller disclosure is always advisable and choosing paint brushes. More... Property 24/10 - 12 This week's round up of the ten best or so Property24 stories of the week includes: Shrewd investing, home staging, and thinking twice before subdividing. More... Property 24/10 - 11 This week's round up of the ten best or so Property24 stories of the week includes: the four ways of buying property, beating the market, and buyers often mum on affordability. More... Property 24/10 - 10 This week's round up of the ten best or so Property24 stories of the week includes: a tale of many markets, Gautrain, and why clay is the way. More... Bond change 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. More... Government Notice R291 and R292 Allen West discusses the latest amendments to the Deeds Registries Act and to the regulations in the Sectional Titles Act, highlighting their affect on the daily functioning of practitioners and deeds office staff. More... Property 24/10 - 8 This week's round up of the ten best or so Property24 stories of the week includes: Suing for shoddy houses, KZN building association gets tough, a rebate for energy saving developers and more. More... Securitisation of mortgages Hannes Gouws deals with the practical implications of Chief Registrar's Circular 12 of 2007 with reference to the securitisation of mortgages. More... Property 24/10 - 5 This week's round up of the ten best or so Property24 stories of the week includes: Property rights sustain economies, Joburg to review municipal tariffs and early termination penalties. More... Tax window Causa Anville Van Wyk draws our attention to the need to distinguish between the tax and the conveyancing issues of tax window causa. More... Property 24/10 - 4 This week's round up of the ten best or so Property24 stories of the week includes: SA direct property a good asset class, tips for buying, selling property and furnishing rental property. More... Guidance sought 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. More... Cape Registrar's Notice No. 1/2010 Cape Town Registrar's Notice No.1 of 2010 - To provide clarification in the application of the Registrars' Conference Resolutions of 2009. More... Property 24/10 - 2 This week's round up of the ten best or so of the Property24 stories of the week includes: an accelerating recovery, market crush cuts agents by a third and matching your lifestyle. More... Property24/10 - 1 The first round up of the ten best or so of the Property24 stories of the week which includes: factors to consider when buying first time; giving outdoor areas a makeover and Cape Town's CBD is drawing top dollars. More... No common law application 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. More... Section 18(3) sales Margaret Meyer discusses the sale of fixed property in terms of Section 18(3) of the Administration of Estates Act. More... Two more Antoinné van Deventer answers two more questions, about same sex partners and trusts with regard to Section 9(20) transfers. More... Causa for CC 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. More... Pmb Registrar's Circular 1/2010 Pietermaritzburg Registrar's Circular No.1 of 2010 - Implementation of Registrars' Conference Resolutions of 2009. More... Causal or abstract? Wiseman Bhuqa unpacks the differences between the causal and abstract theories relating to the transfer of ownership of immovable property. More... What will 2010 hold? As is the habit at this time of year many of us tend to indulge in a degree of crystal ball gazing. More... The year that was 2009 As the year winds down, we cast our eyes over a number of the big conveyancing stories which we covered in 2009. More... Mineral rights holder Sydney Mekwe looks at the dilemma faced by examiners with regard to mineral rights holders and the surface rights to the land. More... Section 9(20) exemption 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. More... Centre for Conveyancing Practice The Centre for Conveyancing Practice offers a number of courses in conveyancing and notarial practice for attorneys, candidate attorneys, conveyancing secretaries and typists. More... Two questions Salomé van Wyk has two questions for readers. The first is on moratorium transfers, the second on Rule 63 of the High Court Rules. More... 2010 Conveyancing seminars Allen West is to present seminars around the country on new developments in conveyancing for 2010. More... Moratorium transfers A brief warning from Donald Moore to conveyancers dealing with CGT moratorium transfers and the necessity of a special resolution. More... Conference Resolutions 08(3) George Tsotetsi ends his discussion of twenty two of the seventy resolutions taken at the 2008 Registrars Conference. More... Conference Resolutions 08(2) George Tsotetsi continues in his discussion of twenty two of the seventy resolutions taken at the 2008 Registrars Conference. More... Appointment of an administrator Allen West sheds some light on confusion regarding the appointment of administrators vis-à-vis curators. More... More on undertakings Risk Alert Bulletin - Examples of bridging finance documents which should not be signed by attorneys. More... Interest rates update With little further interest rate stimulus likely, and a high household debt ratio, how much property recovery can we still expect? Asks John Loos. More... Mediation skills The LSSA is to hold a four day workshop on mediation skills for attorneys and candidate attorneys. More... 1000 Percent That has been the increase in conveyancing fraud in South Africa since 2003, according to legal experts at a recent mortgage fraud seminar. More... Fraud report back 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. More... All 'hunkydory' 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. More... Fraud report The FBI's 2008 Mortgage Fraud Report gives a useful insight into the breadth and depth of mortgage fraud crimes committed in the USA. More... Mortgage fraud Seminar Korbitec Executive Consulting Division will be presenting a full day seminar on mortgage fraud in October. More... Eviction and rental claims Christo Smith, author of Eviction and Rental Claims: A practical guide will be presenting a series of seminars around the county in October and November. More... Street closures Allen West looks at the issue of street closures in Gauteng and the implementation of Section 67 of Local Government Ordinance 17. More... Deeds Registries Amendment -09 The Department of Development and Land Reform recently published the Deeds Registries Amendment Bill in Government Gazette 3249 (Notice 1108). More... Computation Sydney Mekwe considers the computation of the period for registration in the deeds office of transaction to which a time period is attached. More... Taxation Laws Amendment Wiseman Bhuqa follows up on an earlier article on Redistribution and Massing for those wanting more clarity on the issue. More... Partly open book Partly open-book conveyancing examinations a reality from 2010. More... Supporting affidavit D Mngcolwani discusses supporting affidavits to prove that the surviving spouse was married to the deceased in community of property. More... Cape Town Registrar's Circular 3 of 2009 Cape Registrar's Circular No 3 of 2009 - Levying of rates for real rights registered over immovable property. More... Clearance 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. More... The Land restitution process - 2 Blessing Mphela (Acting Chief Land Claims Commissioner) concludes in addressing the perception that land reform in South Africa is failing. More... Validity of inter vivos trusts Thabo Nqhome considers the validity of inter vivos trusts in South Africa with regards to retroactive ratification.. More... Chief Registrar's Circular 6/2009 Chief Registrar's Circular No. 6 of 2009 - Legal Succession to the South African Transport Services Act (No. 9 of 1989). More... Cape Town Registrar's Notice 2 of 2009 Cape Registrar's Notice No 2 of 2009 - New Procedure for the issuing of a certified copy in terms of Regulation 68(1) of Act 47 of 1937. More... Fact or fiction? - II 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. More... Fact or fiction? In the light of a recent case Allen West asks whether security of title is a fact or a fiction. More... Wanted 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". More... Chief Registrar's Circular 5/2009 Chief Registrar's Circular No.5 of 2009 - Stamp Duties Act as repealed by the Revenue Laws Amendment Act. More... Registering agricultural land - III Sara Scheiner on anomalies within the Subdivision of Agricultural Land Act regarding partnerships, companies, CC's and couples married in community of property. More... Registering agricultural land 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? More... FNB barometer – Feb 09 The FNB Residential Property Barometer which is a quarterly survey of a sample of estate agents in the country's major urban regions has been published. More... Sole interest - responses Pieter Pretorius and Ken Mustard have responded to Allen West's Sole interest article. More... Court renaming The Renaming of High Courts Act (No. 30 of 2008) came into effect on 1st of March. More... Sole interest Allen West looks at the disposal of immovable property belonging to a sole member of a Close Corporation. More... Launch Korbitec invites you to the launch of an exciting range of new products and features. More... Contracts and NCA replies Anna-Marie van Rooyen and Ken Mustard reply to Contracts and the NCA. More... Contracts and the NCA 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?" More... Thoughts on Resolutions Dudley Lee pens some trenchant thoughts on the 2008 Registrars Conference Resolutions. More... Absconding bondholder Charles Pearson asks for advice on cancelling a bond when the bondholder has disappeared. More... Judgments wanted A reader has searched in vain for three unreported judgments. More... Some thoughts George Tsotetsi reviews some of the resolutions taken at the 2007 Registrars' Conference. More... Chief Registrar's Circular 3/2009 Chief Registrar's Circular No.3 of 2009 - Change of name of Eyesizwe Coal to Exxaro Coal Mpumalanga. More... Elephant trap David Clegg considers a potential Capital Gains Tax implications for organizations which change their minds about land use. More... Chief Registrar's Circular 1/2009 Chief Registrar's Circular No.1 of 2009 - Application of sections 45, 45bis and 45bis(1A) on exclusive use areas and real rights of extension. More... Notarial note Roland Darroll notes a correction to the article Notarial Bonds. More... Tax incentive Barry Ger writes in De Rebus about a new tax incentive to be introduced to encourage the building of new residential property. More... Conference resolutions 08 Some 70 resolutions were passed at the 2008 Registrars' Conference. More... Bewind trusts Allen West responds to John Christie's Query regarding trusts and Cape Town Registrar's Circular 5/2008. More... Chief Registrar's Circular 10/2008 Chief Registrar's Circular No.10 of 2008 - Mental Health Care Act (Act No. 17 of 2002). More... Chief Registrar's Circular 8/2008 Chief Registrar's Circular No.8 of 2008 - Lodgement of Rates Clearance Certificates in terms of s118 of the Municipal Systems Act (Act No. 32 of 2000). More... Comments - CT Registrar's Circular 5/2008 JKW Crowhurst makes a number of comments on Cape Town Registrar's Circular No. 5 of 2008. More... Query regarding trusts John Christie has a query for the Cape Town Registrar regarding bewind trusts. More... NHBRC II Salomé van Wyk highlights potentially costly and time consuming aspects of satisfying NHBRC requirements. More... Non resident replies Replies toDave Rix of Venter Van Eeden's question about Non resident endorsements. More... Communal property associations Wiseman Bhuqa gives an overview of communal property associations. More... NHBRC responses Salomé van Wyk and Dana Van Zyl have replied to last week's The NHBRC and the conveyancer. More... The NHBRC and the conveyancer Roelie Rossouw considers the import of the latest amendment to the Housing Consumers Protection Measures Act. More... s 228 of Companies Act – opinions III Roelie Rossouw considers the implications of section 228 of the Companies Act for the conveyancer. More... Johannesburg Registrar's Circular 1/2008 Johannesburg Registrar's Circular No.1 of 2008 - Rates clearance certificates: sectional titles units. More... Reassessing FNB is reassessing bonds granted over a year ago, not withdrawing them. More... Penalty clauses view Gerhard Buchner, writing in De Rebus expresses another view regarding penalty clauses in home loan agreements. More... Customary Marriages Act - 2 Margaret Meyer concludes her inquiry into the implications of The Recognition of Customary Marriages Act, 120 of 1998. More... Resolutions 2007 Allen West draws attention to Registrars' conference resolutions which effect the day to day practice of conveyancing. More... s 228 of Companies Act - opinions II Amorie le Roux is not convinced that Allen West's opinion on section 228 of the Companies Act is correct. More... Registrar's Circular 4/2008 Pietermaritzburg Registrar's Circular No.4 of 2008 - First transfers in terms of section 64(1) of the Development Facilitation Act No 67 of 1995. More... s 228 of Companies Act Allen West asks a question about the disposal of the whole of the undertaking of a company or the greater part of its assets. More... Sales – a response Sales from estates has elicited a response from Patrick Barnard who agrees with Donald Moore. More... Sales from estates Does the Master of the High Court need to consent to sales of immovable property from a "section 18(3) - estate"? More... Section 9(1)(i) replies Sara Scheiner, Thabo Nqhome and others reply to Section 9(1)(i) Exemption of transfer duty: a query . More... Conundrum reply Sara Scheiner and Mark Schäfer replied to last week's A conundrum, concerning Section 45 bis of the Deeds Registries Act. More... Trust deed changes A recent tax court judgement has ruled that certain trust deed amendments may draw transfer duty. More... Subdivision and consent Allen West discusses the subdivision of agricultural land and consent in terms of Act 70 of 1970. More... Fideicommissums W F H C Swanepoel looks at fideicommissums and our registration system. More... Pretoria Registrar's Circular 1/2008 Pretoria Registrar's Circular No.1 of 2008 - Server crisis and loss of scanned images. More... De-registration of mineral rights Sydney Mekwe gives an update on the de-registration of mineral rights. More... Delink A proposal to delink VAT, transfer duty and stamp duty has confused some people. More... Ten predictions Reinhardt Buys of Buys Inc. gives his ten predictions for 2008 regarding lawyers and the future of law firms. More... Company names Allen West dispels confusion regarding the translation and use of abbreviations in company names. More... The year that was 2007 As the year winds down, here follows a summary of the GhostDigest's coverage of conveyancing news in 2007. More... Expropriation bill The Department of Public Works has officially released a Draft Policy on the Expropriation Bill for public comment. More... HOA Consents 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. More... Conference Resolutions Some 52 resolutions were passed at the 2007 Registrars' Conference. More... Chief Registrar's Circular 12/2007 Chief Registrar's Circular No. 12 of 2007 - Cession of bonds for securitisation purposes. More... Tax residence rules The introduction of Section 35 A of the Income Tax Act has now made tax residence rules relevant to conveyancers. More... Chief Registrar's Circular 13/2007 Chief Registrar's Circular No. 13 of 2007 - change of name of the Transnet Pension Fund to the Transport Pension Fund. More... Section 35 A checklist and information from SARS about withholding a portion of the purchase price from non-resident sellers. More... Interpretation II In response to the original SA Deeds Journal article Interpretation, the Registrar of Deeds in Pretoria issued Registrars Circular 5 of 2007. More... Registrars' resolutions George Tsotetsi gives a brief overview of some of the 2006 Registrars' Conference Resolutions. More... Land rights conference Sydney Mekwe reports on the Conference on Communal Land Rights Act (Act 11 of 2004). More... Clara - II Continuing from last week's Clara - I, Wiseman Bhuqa ponders the effect of the Communal Land Rights Act (Clara) Act No.11 of 2004 on the deeds registration process. More... Transfer duty issues - II 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. More... Transfer duty issues - I P S Franck looks at transfer duty when immovable property is acquired by a company, a close corporation or a trust. More... Intricacies Allen West considers the intricacies involved with the application of section 4(1)(b) of the Deeds Registries act 47 of 1937. More... Sale of land redtSummary More... Chief Registrar's Circular 9/2007 Chief Registrar's Circular No. 9 of 2007 - change of name of Saambou Limited to Firstrand Finance Company Limited. More... Stamp duty amendments A memo from SARS explaining how the amended stamp duty provisions will be applied. More... Beneficiary's disposal Roelie Rossouw believes that the transfer duty implications of the disposal of a beneficiary's interest in a trust are far from clear. More... Other languages Edgar Morake wonders why deeds of transfer are registered in only English and Afrikaans. More... Client banking relationship Is FICA violating the client banking relationship, asks Stian Dreyer? More... Ruling on digs The Port Elizabeth High Court has ordered the demolition of an illegal guest house. More... Chief Registrar's Circulars 3-5/2007 The Chief Registrar's Circular Nos 3-5 of 2007 - change of name of Kumba Coal, Martprop Property Trust Scheme and M Factors and Trade Finance. More... Power of executor - 5 A reply to an issue raised in Power of executor - 4 . More... A hole? - Reply More on the proprietary consequences of a marriage or civil union in terms of the Civil Union Act. More... Power of executor – reply 3 Thabo Nqhome responds to Dudley Lee's reply to a reply. More... Section 80 Act 66/1965 Dudley Lee considers this thorn in the side of conveyancers and Registrars of Deeds when it comes to redistribution contracts. More... Power of executor – reply to a reply Dudley Lee replies to Power of executor - a reply. More... A rose by any name Surnames and their change in the event of marriage and divorce - a deeds registration perspective. More... Section 80 Allen West considers the alienation of immovable property in the ambit of section 80 of the Administration of Estates Act 66 of 1965. More... Forfeiture of benefits Forfeiture of benefits is considered by Allen West. More... Power of executor Allen West discusses the power of an executor to act prior to appointment. More... Partnership acquiring land Implications of a partnership acquiring land in terms of The Subdivision of Agricultural Land Act 70 of 1970. More... Regulation 68 comments response A response to Marie Grovè's article, Regulation 68 (of the Deeds Registries Act). More... Transfer duty exemptions - II Thabo Nqhome considers the meaning of "when acquired" in the Transfer Duty Act. More... Transfer duty exemptions Clarity on the effective date and the scope of the application of the transfer duty exemption between divorced spouses. More... Fiduciary and usufruct interests Gordon Stuart looks at fiduciary, usufructuary or other like interests in property. More... Section 57 note Deeds Registries Regulation Board meeting and section 57 - a note from Allen West. More... Notarially executed servitudes Allen West discusses bilateral or unilateral execution of notarially executed personal servitudes. More... Bridging finance What is bridging finance, and its place in the conveyancing transaction? John Knipe of C.O.D. enlightens us. More... To certify or not to certify … That is the question - who is to certify that a document is a true copy? More... Electrical certificates Confusion has surrounded the issue of the need for an Electrical Certificate of Compliance (CoC), since a local magazine claimed that it was no longer necessary. More... Conference resolutions Overview by George Tsotetsi of some of the resolutions taken at the 2005 Registrar's Conference. More... Section 4(1)(b) applied - II Thabo Nqhome considers aspects raised in Application of section 4(1)(b) which was published last week. More... Application of Section 4(1)(b) Allen West feels that the provisions of section 4(1)(b) of the Deeds Registries Act, 47 of 1937 are being misused and abused. More... Change of name of trusts – a reply Thabo Nqhome replies to a query in Change of name of trusts published last week. More... Change of name of trusts No enabling legislation exists for the change of name of a trust, writes Allen West. More... Lengthy conditions Allen West writes on section 62 of the Deeds Registries Act and its application to lengthy or complicated conditions. More... Qualification of servitudes The qualification of servitudes and conditions on consolidation of properties must be done correctly from the outset. More... Subdivision/General Plan/Diagram An example of the title deed endorsement necessary for a subdivision. More... Divorce agreements Allen West writes on the amendment of divorce agreements and the application of section 14 of the Deeds Registries Act 47 of 1937. More... Amendment Bill The Deeds Registries Amendment Bill 2006 has been tabled. More... Revenue vs. Capital Gordon Stuart considers the distinction between trading stock and capital assets. More... Contracting with a trust The recent unreported Supreme Court of Appeal case of Thorpe versus Trittenwein underlines the caution which must be exercised when contracting with a trust. More... Sound practice Conversant with CRCs, Regulations, RCRs, RCs and Sections? More... Contingency Clauses A poorly worded or vague contingency clause in one's sales contract could end up costing lots. More... Homeloans online to grow The Internet continues to penetrate the massive R515bn homeloan market. More... Apology GhostDigest apologises for insufficient acknowledgement of Peter Cheales' book I Was Your Customer. More... Chief Registrar's Circular 3/2006 The Chief Registrar's Circular No.3 of 2006 concerns the change of name of Caltex Oil. More... Land buying blues Roger Green calls for a review of the Transfer Duty Act, mainly because its provisions may cause delays which could adversely affect economic activity. More... Chief Registrar's Circular 1/2006 The Chief Registrar's Circular No.1 of 2006 is about the Cross Boundary Municipalities Laws Repeal and Related Matters Act No.23 of 2005. More... Do not cancel The SA Revenue Service has warned against cancelling property deals in order to cash in on the lower transfer duties that come into effect on March 1. More... Auditors reports Circular 13 of the South African Institute of Chartered Accountants and certificates prepared by a company for conveyancing purposes. More... Top 10 stories of 2005 The 250 or so stories of 2005 reflect a dynamic, vibrant conveyancing profession. More... Chief Registrar's Circular 13 Chief Registrar's Circular No. 13 of 2005 which was released on 11 August concerns sections 10A and 10B of the Housing Act of 1997. More... Onus on creditors The recent case of Davids and Another v ABSA Bank Ltd, places a greater duty on the person who represents a creditor when a suretyship is concluded. More... A SARS hold up? The current issue of Integritax asks, "Will SARS hold up property transfers until the tax affairs of seller and purchaser are in order?" More... Excluding community of property Allen West looks at the registerability and effect of a condition excluding community of property. More... Apartheid law repealed Restrictions on title deeds must be removed after the repeal of the Black Administration Act. More... Threats and opportunities What threats and opportunities face the conveyancing profession, and what do you think - let us know. More... Servitude cancellation Allen West looks at the transfer duty implications attendant to the cancellation of personal and praedial servitudes. More... Who is buying our land? Michael Aliber considers the value of the Deeds Registry wanting to track the race and nationality of land purchasers. More... Deeds delivery Andy McPherson, managing partner of strb Smith Tabata Buchanan Boyes, comments on the current state of the Deeds Office. More... Covert sales and donations Wiseman Bhuga discusses covert sales and donations in re-distribution agreements in the March SA Deeds Journal. More... Transfer duty and discretionary trusts A recent media release about the settlement of tax disputes involving trusts owning residential property. More... Clarity and legibility Marie Grové has concerns about amendments to deeds and documents as well as the legibility of handwriting in them. More... Chief Registrar's Circular 12 The Chief Registrar's Circular No. 12 of 2005 was released last week. It concerns the change of name of Real Housing Solutions (Pty) Ltd to Real People Housing (Pty) Ltd. More... Cancellation of Stamp duty Allen West looks at the cancellation of stamp duty and the duties of public officers in the March 2005 SA Deeds Journal. More... Registrars' conference A brief discussion by George Tsotetsi of the Communal Land Rights Act and of a few of the Registrar's Conference resolutions. More... TD form queries Recently, Roger Green - the Chairperson of the Conveyancing Committee of the Law Society of South Africa - asked SARS a number of questions concerning the new transfer duty forms. More... Land registration changes 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. More... Vat and transfer duty Reshika Maharaj addresses some perplexing tax issues in property transactions in the April De Rebus. More... Chief Registrar's Circular The Chief Registrar's Circular No. 5 of 2005 was issued at the end of March. It becomes effective from 1 May. More... New transfer duty forms Seven new transfer duty forms became available on the SARS website on 31 March. More... Avoid conveyancing pitfalls It might appear trite, but a well constructed and informative Deed of Sale is vital for a smooth property transfer. More... Burden on conveyancers In De Rebus this month, Barry Ger considers the proposed s35A amendment to the Income Tax Act. More... Rates Act and leases The new Rates Act of 2004 could result in a double loss for landlords. More... Agricultural land 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. More... Occupation/Possession? Lizelle Kilbourn queries the distinction between occupation/possession and the formal transfer of ownership. More... Attorneys views for 2005 GhostDigest recently asked a number of conveyancing attorneys for their views on the year ahead. More... The top ten of 2004 In a year in which over 300 articles were written, it was surprisingly easy to choose the top ten GhostDigest articles of 2004. More... Estate agent survey An interesting survey has revealed that South Africa's estate agency industry is not being overrun by inexperienced "newbies". More... Stare decisis 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. More... Immovable property and divorce - 1 Part one of the subsequent registration procedures to be followed for immovable property after a divorce. By Magda Deeltefs in the SA Deeds Journal. More... Regeneration With the launch of the Urban Renewal Tax Incentive, attorneys will have to adapt to how they work and with whom. More... Deeds Office fees amendment A new Schedule of Fees of Office as prescribed by regulations 84 and 86 of the Deeds Registries Act was published in the Government Gazette on 1 October. More... Boom rewards state 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. More... Effect of sequestration A look at the effect of sequestration on the estate of the solvent spouse where parties are married out of community of property. More... External shocks In the miasma of opinion about property prices, this article by John Loos, a senior economist at Absa, makes insightful reading. More... Crooked property developers All is not lost for ripped off homeowners, according to the National Home Builders Registration Council (NHBRC) - but they will have a tough time. More... What is syndication? A short explanation as to what syndication is. More... Landlord and tenant The tacit hypothec - what? Tenant And Landlord In South Africa has the answer. More... Subdivision of exclusive use areas Dudley Lee comments in the SA Deeds Journal on the proposed amendment of the Sectional Titles Act to accommodate the subdivision of exclusive use areas. More... Customary marriages - Endorsements Concerning the application of the amendment to section 17(4) of the Deeds Registries Act to customary marriages, by Allen West. More... PE Club Jan/Feb 2010 More activity from Port Elizabeth after an hiatus of some months. More... JHB Convey Club – October 2009 More Johannesburg doings for the month of October 2009. More... Jhb GhostConvey Club – August 09 Johannesburg activities. More... JHB Convey Club – June 2009 Jhb doings More... Time to transfer Should it take four weeks or four months to register a "typical" transfer? Lizelle Kilbourn wrote a thesis to answer this question. More... Fica update 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. More... PE Club – March to May 2010 Port Elizabeth Convey Club doings and suchlike. More... Power of Attorney Allen West discusses Power of attorney to appear before a notary in last year's August Deeds Registration Law Newsletter. More... Revive dead capital The secondary market in housing barely exists in the former black townships. This has massive implications for SA's economic and social development. More... Deaths and mortgages On most occasions, the first casualty of death, illness, retrenchment or unemployment for any South African is the individual's mortgage repayments. More... De Rebus letter Louis de Villiers, writing in the June De Rebus, wants an "across the board" conveyancing tariff. More... What is transactional billing? GhostWare's recent launch of a transactional billing option merits some discussion. More... Fica deadline Banks are struggling to conform with new regulations that they identify and verify the approximate 18 million banking clients by June 30. More... Short term gain How does one get rid of an employee who does not meet the employer's expectations? More... Fica - 'suspicion' 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. More... Rates questions The implementation of the new property tax legislation should not be taken lightly by homebuyers. More... Misconceptions about conveyancers It is about time the public was educated as to what conveyancers actually do. More... Cooling off period Christine Speirs looks at Section 29A of the Alienation of Land Act in last year's August Deeds Registration Law Newsletter. More... What is a fideicommissum? M Deetlefs answers this question and highlights its relevance to conveyancers in last year's August Deeds Registration Law Newsletter. More... Passing of risk A disaster that strikes when a homebuyer has taken occupation of a property ahead of the registration of transfer could turn into a nightmare for both seller and buyer. More... Jhb Convey Club - April 2009 Johannesburg Convey Club doings and other activities for Convey Club members. More... Meet the team A whose who of the Johannesburg GhostConvey team. More... Durban Club – April 08 Durban doings. More... Durban Club – Jan/Feb 08 Durban doings. More... JHB GhostConvey Club – Sept 07 More Johannesburg jollings. More... Durban Ghost Convey Club – Sept 07 More Durban doings. More... JHB GhostConvey club August 07 More club happenings in Johannesburg. More... Durban Convey Club - August 07 Convey Club activity for Durban in August 2007. More... CPT Convey Club July 07 Cape Town doings. More... JHB Convey Club – July 07 More news from the Johannesburg Convey Club. More... Jhb GhostConvey Club – April 07 News from the Johannesburg GhostConvey Club. More... Archived articles ... Including: - Customary marriages - Money Laundering - Failure to pay levies - What is an exclusive use area? - Inter vivos trusts Note that the information in this web site and or links, is provided for information purposes only and is not intended to constitute legal advice. It is supplied subject to our legal disclaimer. Title Deed Search Search the Digest t t