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Conveyancer's Certificate: Property Development

It has become a general requirement that when submitting a development application to a municipality that you submit a Conveyancer’s Certificate.

In some municipalities such as the Nelson Mandela Bay Municipality, it is a standard document submitted in support of any development or land use application.

The Conveyancer’s Certificate is prepared by a conveyancer, being an admitted attorney who also passed the conveyancing exam. The certificate itself is a certification by the conveyancer in respect of the restrictive conditions contained in the holding title as well as any pivot title that is referred to therein.

The municipality is to confirm whether the application submitted contravenes any title deed restrictions and if so, whether it is necessary for those title conditions to be removed, relaxed and further whether these conditions can be removed or relaxed.

The Conveyancer should be in a position to advise on the imposition of a restrictive condition, the party entitled to the benefit of the condition, and the process applicable to the removal or relaxation of the restrictive conditions. Inaccuracies in the Conveyancer’s Certificate can lead to extensive delays in the municipal approval process or complex planning contraventions that are expensive and very difficult to rectify.

We have a dedicated team to issue these types of certificates. Contact our professionals on 041 363 6044 or info@kaplans.co.za for assistance.


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DISCLAIMER:

This article is not intended to constitute legal advice and is produced for information purposes only and to provide a general understanding of the legal position relating to the topic. It is recommended that advice relating to the specific circumstances of your situation be sought from our attorneys before acting upon the content of this article. This article was written at a particular point in time and accordingly may not always reflect the most recent legal developments, if any, applicable to the relevant topic. Kaplan Blumberg and its partners and/or employees, are not responsible for any consequences which may follow upon any decision taken to act upon the information provided in this article.