Legal Services
The Property Transfer Procedure
Don’t expect the usual – we like showing you how the process works – we want you to know the steps as well as we do. Please keep in mind that each case is unique and some registrations may be completed in a few less steps while others may have a few more. But rest assured that your Registration or Transfer will be in safe and more importantly – dedicated hands.
1What can delay any of the 28 steps?
- Parties that are in the process of divorce
- If the original Title Deed is lost
- If any of the parties are overseas
- If any of the parties passes away during the process
- Buying from a Deceased Estate
- If any deposits are not from the “normal” sources i.e pension funds / share sales investment
- A “subject to sale” and the previous property is not selling or have problems
2What is Transfer of Property?
Transfer of property or conveyancing is done by registered
conveyancers. Conveyancing is the legal process of obtaining
ownership of a property. A written contract of sale of the
property must first be signed by the Seller and the Purchaser.
The property transfer process in order to pass and register
the Purchaser’s new ownership in the property then occurs
at the Deeds office. Any mortgage bonds required to
secure loans for the purchase price may be registered at
the same time and any existing bonds may be cancelled.
3Can costs be saved on property transfers?
Substantial savings can be made by the use of our
quick and cost-effective online services and accurate
quoting for work required.
4Who pays the costs?
The Purchaser is liable for transfer costs even though
the Seller usually appoints the Conveyancer. The
Purchaser can, however, choose the Conveyancer if
the Seller agrees to this
5How do I start the process?
It’s easy! Complete the form on this page for a
quick quote at no cost or obligation. If you are
happy with the quote we send you, you give us
the go ahead. We will then advise you of the
next step as well as advising you of our local
office in your area where you can sign the
necessary documentation to do the transfer.
6What documents do I require
- Sales Agreement / Offer to Purchase
- Identity Document
- Marriage Certificate
- SARS IT 34 (confirmation of Income Tax reference number)
- Latest levy / rates account
We Provide Inter Alia the Following Legal Services
- Conveyancing and Deeds Registration
- Full Title, Sectional Title and Estate transfers
- Registration and cancellation of bonds
- Consolidation and subdivision of properties
- Various Applications, Endorsements and Consents
- Notarial Agreements including Servitudes
- Proclamation of Townships
- Share Block and financial Schemes
- Agreements: Sale/Lease of residential and commercial properties
- Antenuptial agreements: advice and registration
- Drafting of Wills and administration of deceased Estates
- Registration of Trusts
- Company registration and changes (CIPC)
- Curatorship
- Litigation: civil, criminal, labour and family law, debt collection, insolvency law, company law and law of contracts
Antenuptial Agreements
What are my options?
Signing an Antenuptial Contract (ANC) is not the most romantic part of getting married, but it is definitely one of the most important.
Our team is dedicated to helping couples to select and draft an ANC that will provide the couple with the most security and peace of mind in the case of the dissolution of the marriage, whether by death or divorce.
A couple has the following options:
- In Community of Property
- Out of Community of Property with the Accrual
- Out of Community of Property without the Accrual
1In community of property
Any marriage that is completed without the signing and registration of an Antenuptial Agreement prior to the marriage of the couple, will automatically be one of in community of property according to South African law.
If a marriage is one of in community of property there will be one joint estate after the marriage date, and both parties will be the co-executors of the joint estate. All assets and liabilities acquired prior to, or after the date of marriage, is owned in equal shares by both parties.
One of the biggest risks of this option of marriage lies with the mutual liability of both parties for any debt acquired by any one of the parties, especially when one or both of the parties own their own business.
Both parties have the right to sell any of the assets of the joint estate, with the consent of the other party be it verbal or written.
In the case of death of either of the parties, the joint estate will fall under the administration of the Executor until it is finalised.
This often causes many problems that could have been avoided by signing an ANC prior to the marriage.
One of the biggest risks of this option of marriage lies with the mutual liability of both parties for any debt acquired by any one of the parties, especially when one or both of the parties own their own business.
Both parties have the right to sell any of the assets of the joint estate, with the consent of the other party be it verbal or written.
In the case of death of either of the parties, the joint estate will fall under the administration of the Executor until it is finalised.
This often causes many problems that could have been avoided by signing an ANC prior to the marriage.
2 Out of community of property without the accrual
This option of marriage requires that both parties must sign an Antenuptial Agreement prior to their marriage, and the ANC must be registered within 3 months from the signature in the Deeds Office by the Notary.
Any assets or liabilities gained, or acquired, after the date of marriage, will form part of the individual estate of each party. In the event of the dissolvent of the marriage by a divorce, neither one of the parties will share in any assets acquired by a party or in the growth of any of the assets of a party after the date of marriage, as this assets and growth forms part of the individual separate estate of the other party.
Neither one of the parties will be liable for the debt of the other party, except if the parties agreed to or signed security for a loan. In the event of the dissolvent of the marriage by the death of one of the parties, only the estate of the deceased will be placed under the administration of the Executor.
This option of marriage must be considered carefully and depends on the circumstances of the couple.
Any assets or liabilities gained, or acquired, after the date of marriage, will form part of the individual estate of each party. In the event of the dissolvent of the marriage by a divorce, neither one of the parties will share in any assets acquired by a party or in the growth of any of the assets of a party after the date of marriage, as this assets and growth forms part of the individual separate estate of the other party.
Neither one of the parties will be liable for the debt of the other party, except if the parties agreed to or signed security for a loan. In the event of the dissolvent of the marriage by the death of one of the parties, only the estate of the deceased will be placed under the administration of the Executor.
This option of marriage must be considered carefully and depends on the circumstances of the couple.
3Out of community of property with the accrual
If this option of marriage is chosen, an Antenuptial Agreement must also be signed prior to the marriage of the couple and must be registered within 3 months from the signature in the Deeds Office by the Notary.
The Antenuptial Contract must specifically state if the assets and liabilities that the parties acquired prior to their marriage are excluded, or included from the Accrual. There will be two separate estates after the marriage of the couple.
The parties will, however, share in the growth of the separate estate of the other party, over the full duration of their marriage.
In the case that the marriage dissolves by the death of one party or by a divorce, the net estate values of the estates of the parties are determined separately, and the larger estate must then transfer half of the difference to the smaller estate.
This option is the most popular choice amongst couples that are getting married for the first time.
This is a great option if one of the parties is a business owner, as it protects the assets and also protects the other party form any possible creditors.
The Antenuptial Contract must specifically state if the assets and liabilities that the parties acquired prior to their marriage are excluded, or included from the Accrual. There will be two separate estates after the marriage of the couple.
The parties will, however, share in the growth of the separate estate of the other party, over the full duration of their marriage.
In the case that the marriage dissolves by the death of one party or by a divorce, the net estate values of the estates of the parties are determined separately, and the larger estate must then transfer half of the difference to the smaller estate.
This option is the most popular choice amongst couples that are getting married for the first time.
This is a great option if one of the parties is a business owner, as it protects the assets and also protects the other party form any possible creditors.