Kilbourn, L and Botha, M. The ABC of Conveyancing 2023. – 13th ed. – Juta, 2023.
ISBN: 9781485140764
Contents:
Understanding what conveyancing is about
Understanding the concepts immovable property, ownership and real rights
The different faces of property ownership: Freehold, leasehold, sectional titles, and others
Introduction to sectional titles
Sectional titles: How the components of a scheme fit together
The South African Deeds Registration System: An introduction
The diagram: Foundation of the land registration system
The deeds office, the conveyancer and the conveyancing paralegal
What is the law and where does it fit in?
The law relating to conveyancing: Legislation and other sources of law
TRANSFERS [The transfer process: An overview – Role-players in the transfer process – Phase 1: Receiving and processing the transfer instruction – Agreements: Terminology, legal principles and practice – The clauses one may expect in the agreement relating to a sale of property – Extracting conveyancing-relevant information from the agreement of sale – The checklist in the transfer file, deeds office print-outs and deeds searches – The Financial Intelligence Centre Act and its implications for conveyancing transactions – Phase 2: Communicating with the role-players at the outset of the transfer – The legal nature of clients: Ability of natural persons and legal persons to contract and perform juristic acts – Marriage law and conveyancing: An overview – Marriage in community of property – Introduction to entities – Companies – Close corporations – Trusts – Partnerships – Obtaining accurate information and reliable documents from clients: An introduction – Information and documents required from natural persons – Information and documents required from companies, close corporations, trusts and partnerships – Phase 3: Collecting information and documents, monitoring and reporting – Phase 4: Drafting and signing of transfer documents – Phase 5: Managing the finances in the transfer file – Phase 6: Transfer duty and VAT; obtaining a transfer duty receipt or exemption certificate from SARS – Phase 7: Rates/levy clearance, HOA consent and compliance certificates – Phases 8, 9 & 10: Preparing for lodgment, lodgment and registration]
MORTGAGE BONDS [Introduction to mortgage bonds – Different types of mortgage bonds: Context and categories explained – Steps in the mortgage bond registration process: Phases 1, 2 and 3 – Steps in the process of bond registration: Phase 4 Ð drafting of bond documents – The final steps in the bond registration process: Phases 5 to 10 - Finances, preparing for lodgment, lodgment, registration and winding up the file]
MORTGAGE BOND CANCELLATIONS [Cancellation of mortgage bonds]
CONSUMER PROTECTION [Consumer Protection Act]
CONSUMER CREDIT [Brief summary of the National Credit Act from a conveyancing perspective]
JOINT ESTATES [Section 45 endorsements and Section 57 substitutions]
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Posted: 6 March 2023
Updated: 8 January 2024