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Frequently Asked Questions
My property is situated in another province or town. Can you assist?
Yes, we can assist with the transfer and registration of properties located all over South Africa.
What is a title deed?
A Title deed is a registered legal document that serves as proof of ownership of land or property. Each property has its own separate Title Deed that contains all the details of that particular property. The Deed of Transfer is prepared by the Conveyancer and after transfer and registration in the Deeds Office it serves as the owner’s title to prove his ownership of the land (title deed).
What is a deed of sale?
A deed of sale is a legal document that contains the terms of a contract of sale of a piece of land or property and which must be signed by the seller and the buyer or their authorized agent.
What is transfer duty?
Transfer duty is the tax payable to the South African Revenue Services (SARS) and is based on the purchase price or value of the property acquired by any person by way of a sale or a donation or an exchange.
(Transfer Duty is not to be confused with attorney transfer costs or fees and is paid over and above the purchase price).
No Deed of Transfer of land shall be registered unless accompanied by a Transfer Duty receipt or exemption certificate as confirmation that duties have been paid to the Receiver or Revenue.
The person acquiring the property (purchaser) is liable for Transfer Duty. At present, transfer duties on apply to properties with a value greater than R1million.
What is a rates clearance certificate?
Transfer of property cannot be registered without a clearance certificate issued by the relevant municipality in which that property is situated which certifies that all amounts due by the seller in connection with that property for municipal service fees, surcharges on fees, property rates and other municipal taxes, levies and duties during the two years preceding the date of application for the certificate have been fully paid.
What is a conveyancer?
A conveyancer is an admitted attorney who has passed a specialised conveyancing examination and has subsequently been admitted as a conveyancer by the High Court of South Africa. A transfer attorney (“oordrag prokureur”) / conveyancer specialises in attending to the transfer of ownership of fixed property and related transactions.
Only qualified conveyancers may attend to the transfer of fixed property and related transactions.
In most provinces in South Africa the usual practice is for the seller to appoint a conveyancer for a property transaction but, like many aspects of the agreement between the parties, this can be varied and the parties may agree to appoint the purchaser’s transfer attorney.