Property Law, Conveyancing and Notarial Practice
Real rights and registration
The domain tests ownership, possession, servitudes, usufruct and mortgage, and the conveyancing and notarial formalities that make them enforceable. Ownership of immovable property passes only on registration in a deeds registry under the Deeds Registries Act 47 of 1937; delivery with intention to transfer passes ownership of movables. A mortgage bond is a real right of security requiring registration. Sectional titles are created under the Sectional Titles Act 2 of 2009, with a body corporate and rules.
Conveyancing
A transfer requires a written agreement that complies with the Alienation of Land Act 29 of 1966, a power of attorney to transfer, a rates clearance certificate from the local authority, transfer duty under the Transfer Duty Act 14 of 1953, and lodgement with the Deeds Registry. The conveyancer must check the seller's marital status, the title deed, and whether a bond must be cancelled simultaneously.
Notarial practice
Notaries public are admitted legal practitioners authorised to execute notarial deeds. Antenuptial contracts must be notarially executed and registered within the statutory period to bind third parties; notarial bonds, long leases and certain servitudes require notarial form. A notary must identify the parties, explain the deed, and certify.
Worked example
Two neighbours agree orally that one may drive across the other's farm permanently. An oral agreement cannot create a registered praedial servitude over immovable property; registration in the deeds registry is required. The agreement may create a personal right, but it will not bind a successor in title.
Traps
Confusing transfer duty with VAT; assuming a title deed alone transfers ownership; and failing to check marital status and powers of attorney.