Why do I need a transfer attorney?

Buying a property is the largest purchase that many of us will make in a lifetime, and as such should be dealt with carefully and with the assistance of experts in the field.

The process to approval for extending a Sectional Title Units

The role of the transfer attorney

In terms of Section 15, read together with Regulation 44 of the Deeds Registries Act, 47 of 1937, all deeds and documents requiring registration in the Deeds Office must be prepared by an attorney, notary or conveyancer.

This requirement has been regulated by South African law as a way of ensuring the process of a property transfer is managed effectively, since it holds such significant value for all parties concerned.

The transfer attorney will take responsibility and will oversee the full transfer process from the time of instruction through to registration in the Deeds Office. This includes drawing up of transfer documentation, managing processes with bond and cancellation attorneys where appropriate, overseeing signature of transfer documents by both buyer and seller, and managing the lodgment and registration process within the Deeds Office.

Choosing the right transfer attorney

The property seller has the right, based on common law, to elect a transfer attorney to manage the property transfer. If the seller does not know an attorney who can assist with the transfer, he or she can contact the Law Society in the relevant province who will be able to assist.

Conveyancing is a specialised field of law, and because a property transfer involves dealing with large sums of money and requires depth of knowledge of the system requirements, it is advisable to work with a reputable and well-known transferring attorney. A specialised conveyancing firm will be able to offer the expertise both buyer and seller need in order to ensure a smooth property transfer.

When selecting a transfer attorney for a transaction, doing thorough research can help in identifying a conveyancing firm that not only comes with the necessary expertise, but also one that has a solid reputation of service excellence, good communication and trustworthiness.

Follow Snymans on Facebook for more legal information, tips and news about property.

Recommended for you

What Happens To The Ownership Of My Property When I Get Married
Contractual Matters

Customary marriages and ownership of immovable property[post_view before=""]

Recognition of customary marriages in South Africa has undergone several shifts over the years through the implementation of new legislation. This has impacted not only the legal status of the parties to a customary marriage but also their ownership of and rights to matrimonial property.

Read More
My name has changed - what happens to my property’s title deed?
Contractual Matters

Rules Board Regulates Non-litigious Fees[post_view before=""]

The introduction of the Legal Practice Act 28 of 2014 has led to several changes in the juridical space, including one related to non-litigious fees – fees charged by attorneys for services that do not constitute litigation and are not finalised in court.

Read More
My name has changed - what happens to my property’s title deed?
Contractual Matters

Corporate actions and resolutions[post_view before=""]

In South Africa, the business and affairs of a company must be managed by its board of directors. As such, the board is responsible for the daily corporate and commercial affairs of the company.

Read More
Minors and immovable property
Contractual Matters

Defunct Homeowners Associations and Consents to Transfer[post_view before=""]

Title deeds of cluster developments commonly contain a condition which states that alienation or transfer of a property by the owner is not allowed unless consent from the Homeowners Association (HOA) is provided. Usually inserted by the relevant local authority when approving the cluster development, this type of condition also confirms that all subsequent owners of the property automatically become members of the HOA.

Read More
The difference between movable and immovable property
Contractual Matters

The conveyancing process explained[post_view before=""]

The conveyancing process starts with a signed Offer to Purchase and ends with the property being registered in the Deeds Office. But, there are numerous steps that need to be completed in between. Here’s a look at how the process unfolds.

Read More

Need more Snymans content?

Sign up for our monthly newsletter.

Why do I need a transfer attorney?

Buying a property is the largest purchase that many of us will make in a lifetime, and as such should be dealt with carefully and with the assistance of experts in the field.

The process to approval for extending a Sectional Title Units

The role of the transfer attorney

In terms of Section 15, read together with Regulation 44 of the Deeds Registries Act, 47 of 1937, all deeds and documents requiring registration in the Deeds Office must be prepared by an attorney, notary or conveyancer.

This requirement has been regulated by South African law as a way of ensuring the process of a property transfer is managed effectively, since it holds such significant value for all parties concerned.

The transfer attorney will take responsibility and will oversee the full transfer process from the time of instruction through to registration in the Deeds Office. This includes drawing up of transfer documentation, managing processes with bond and cancellation attorneys where appropriate, overseeing signature of transfer documents by both buyer and seller, and managing the lodgment and registration process within the Deeds Office.

Choosing the right transfer attorney

The property seller has the right, based on common law, to elect a transfer attorney to manage the property transfer. If the seller does not know an attorney who can assist with the transfer, he or she can contact the Law Society in the relevant province who will be able to assist.

Conveyancing is a specialised field of law, and because a property transfer involves dealing with large sums of money and requires depth of knowledge of the system requirements, it is advisable to work with a reputable and well-known transferring attorney. A specialised conveyancing firm will be able to offer the expertise both buyer and seller need in order to ensure a smooth property transfer.

When selecting a transfer attorney for a transaction, doing thorough research can help in identifying a conveyancing firm that not only comes with the necessary expertise, but also one that has a solid reputation of service excellence, good communication and trustworthiness.

Follow Snymans on Facebook for more legal information, tips and news about property.