Kilbourn, Lizelle and Botha, Maryna. The ABC of Conveyancing. – 15th ed. – Juta, 2025.
ISBN: 9781485153757
About this publication:
"The ABC of Conveyancing deals with all aspects of conveyancing without presupposing a previous knowledge of conveyancing. The existing material has been updated to reflect the law and conveyancing practice as at December 2024.The book is widely used by practitioners and paralegals, as well as by the Law Society of South Africa's LEAD education programme. The text also forms the basis of the Black Conveyancers Association's training for paralegals in conveyancing, and for the latter's recent application to SASSETA for approval of a credit-bearing course for the training of conveyancing paralegals.The textbook is also used as the prescribed course notes for the South African Law School's programme for Conveyancing."
Content:
INTRODUCTION 1 Understanding what conveyancing is about 2 Understanding the concepts immovable property, ownership and real rights 3 The different faces of property ownership: Freehold, leasehold, sectional titles, and others 4 Introduction to sectional titles 5 Sectional titles: How the components of a scheme fit together 6 The South African Deeds Registration System: An introduction 7 The diagram: Foundation of the land registration system 8 The deeds office, the conveyancer and the conveyancing paralegal 9 What is the law and where does it fit in? 10 The law relating to conveyancing: Legislation and other sources of law
TRANSFERS 11 The transfer process: An overview 12 Role-players in the transfer process 13 Phase 1: Receiving and processing the transfer instruction 14 Agreements: Terminology, legal principles and practice 15 The clauses one may expect in the agreement relating to a sale of property 16 Extracting conveyancing-relevant information from the agreement of sale 17 The checklist in the transfer file, deeds office print-outs and deeds searches 18 The Financial Intelligence Centre Act and its implications for conveyancing transactions 19 Phase 2: Communicating with the role-players at the outset of the transfer 20 The legal nature of clients: Ability of natural persons and legal persons to contract and perform juristic acts 21 Marriage law and conveyancing: An overview 22 Marriage in community of property 23 Introduction to entities 24 Companies 25 Close corporations 26 Trusts 27 Partnerships 28 Obtaining accurate information and reliable documents from clients: An introduction 29 Information and documents required from natural persons 30 Information and documents required from companies, close corporations, trusts and partnerships 31 Phase 3: Collecting information and documents, monitoring and reporting 32 Phase 4: Drafting and signing of transfer documents 33 Phase 5: Managing the finances in the transfer file 34 Phase 6: Transfer duty and VAT; obtaining a transfer duty receipt or exemption certificate from SARS 35 Phase 7: Rates/levy clearance, HOA consent and compliance certificates 36 Phases 8, 9 & 10: Preparing for lodgment, lodgment and registration
MORTGAGE BONDS 37 Introduction to mortgage bonds 38 Different types of mortgage bonds: Context and categories explained 39 Steps in the mortgage bond registration process: Phases 1, 2 and 3 40 Steps in the process of bond registration: Phase 4 Ð drafting of bond documents 41 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 42 Cancellation of mortgage bonds
CONSUMER PROTECTION 43 Consumer Protection Act
CONSUMER CREDIT 44 Brief summary of the National Credit Act from a conveyancing perspective
JOINT ESTATES 45 Section 45 endorsements and Section 57 substitutions
Precedents Annexures Index