Property Law

Kaplan Blumberg’s Property Law department has decades of experience. Our team is suitably qualified and experienced to deal with all property law related matters, including: 

- Residential & commercial property transfers 

- Residential & commercial bonds 

- Hybrid & sectional title developments 

We are committed to delivering on the following promises: 

 

WE PROMISE to get your transfer through on time. Sometimes delays are caused by other role players, over whose process we have no control. Should this happen, we further promise to make every effort to smooth away the hurdles and speed up the process, as we know that a delay in the transfer date may have negative financial implications for you. 

WE PROMISE to be available for any questions or queries. We know that questions don’t keep office hours, so we make ourselves available any time of the day. 

WE PROMISE to consult with you for free until the transfer is registered. 

WE PROMISE to keep you updated throughout the process. Instant messages will be sent as important milestones are reached and progress reports are sent on a weekly basis. For your convenience, you will be able to track the milestone history and expected registration date on LexisTracker with your unique login details. 

Transfer Registration Process

1

RECEIPT OF
DEED
OF SALE

3

OBTAINED REQUIRED CERTIFICATES

2

1 Obtain Deeds Office printouts for property and Client to check for any interdicts, insolvencies or other caveats that may be registered

 

2 Request a copy of the Title Deed

 

3 Apply to the Municipality for Rates Clearance figures and Valuation Certificate.

 

4 Apply for Levy Clearance figures and Consent from Home Owners Association, if applicable

1 Apply and pay for the Transfer Duty Receipt from SARS

 

2 Apply and pay for the Rates Clearance Certificate from Municipality

 

3 Apply and pay for the Levy Clearance Certificate from Managing Agents, if applicable

 

4 Seller to provide Compliance Certificates as per Deed of Sale, e.g. Electrical Wiring, Borer Beetle, Gas and Electric Fence Certificates

FULFILLMENT
OF SUSPENSIVE CONDITIONS

1 Follow up on
fulfillment of suspensive conditions,
e.g. bond approval or sale of purchaser’s property

 

2 Upon confirmation of fulfillment, issue cancellation instructions to Seller’s bondholder, if the property is bonded

 

3 Collect necessary documentation from Seller and Purchaser to draft transfer documents for signature

 

4 Call for payment of costs from Purchaser

PREPARATION FOR LODGEMENT

4

1 Ensure satisfactory guarantees in place for
purchase price

 

2 Check FICA compliance


3 Upon receipt of Transfer Duty Receipt, Clearance Certificates and the
original Title Deed,
send documents off for lodgement

TIP

Be sure to read
your LexisTracker report on
Fridays to stay
in the loop.

TIP

Avoid delays
by sending
legible copies of your FICA documents to your
Conveyancer
as soon as possible after being
requested.

5

DEEDS

OFFICE

1 Bond, transfer and cancellation instructions submitted to Deeds Office for simultaneous lodgement

 

2 The Deeds take approximately 10 days to be examined in the Deeds Office whereafter they come up for registration

 

3 The Conveyancers
then have
4 days in total to
finalize any
outstandings

and register the
instructions
simultaneously

1 Ownership passes from Seller to Purchaser

 

2 Purchaser’s new bond is registered,
if applicable

 

3 Seller’s existing bond is cancelled,
if applicable

6

7

DELIVERY OF DEEDS

1 The title deed and mortgage bond are released by the Deeds Office once it has been numbered and micro-filmed, which can take 4 – 6 months

 

2 Once delivered, the Conveyancers will send the original Title Deed and Mortgage Bond to the relevant bank, if the property is bonded

 

3 If the property is unbonded, the Conveyancers will send the original Title Deed to the Purchaser

REGISTRATION

Bond Registration Process

1

ELECTRONIC
INSTRUCTIONS FROM BANK

Obtain Deeds Office printouts for property and Client to check for any interdicts, insolvencies or other caveats that may be registered

 

Request a copy of the Title Deed

 

Request FICA and other required documents from Clients

2

PREPARATION OF DOCUMENTS

Documents will
be drafted
upon receipt of information from transferring attorney
and FICA documents from client

 

Contact client and arrange for signature of documents and payment of costs

3

GUARANTEES
AND FICA

Send guarantees to

Bank for signature

 

Comply with the Bank’s pre-lodgement requirements and check FICA compliance

 

Advise transferring attorneys if ready to lodge or advise if there is anything preventing lodgement

4

LODGEMENT
OF BOND DOCUMENTS

Bond transaction to lodge simultaneously with transfer transaction

 

The bond and transfer documents take approximately 10 days to be examined in the Deeds Office whereafter they come up for registration

 

The Conveyancers then have 4 days in total to finalize any outstandings and register the instructions simultaneously

5

REGISTRATION

All linked transactions are registered in the Deeds Office simultaneously

 

The Bank and
Client are advised

of registration

 

Guarantees and bond proceeds are paid

by the Bank

6

BOND DOCUMENT DELIVERY

The Bond is released by the Deeds Office once it has been numbered and micro-filmed, which can take up to 4 – 6 months

 

The Title Deed is obtained from the Transferring Attorney

 

Title Deed, Bond and other security documents are sent to the Bank

Contact us for

professional advice
and assistance

Samantha Craddock 
sam@kaplans.co.za

Peter Weihahn
peter@kaplans.co.za

Grant Howard 
grant@kaplans.co.za

041 363 6044

1st Floor, Block A, Southern Life Gardens, 70 Second Avenue, Newton Park, Port Elizabeth, 6045

© 2020 Kaplan Blumberg