What is Conveyancing?

When buying or selling property in South Africa, you will likely come across the term conveyancing. But what does it mean, and why is it so important in real estate transactions?

At Burger Huyser Attorneys, we specialise in providing expert legal assistance for property transfers, ensuring that our clients experience a smooth and legally compliant transaction. 

Conveyancing is the legal process of transferring ownership of immovable property (such as land, houses, or commercial buildings) from one party to another. It involves a series of legal steps, including drafting contracts, conducting property searches, and registering the transfer with the Deeds Office.

The process ensures that the new owner has clear legal rights over the property and that the seller receives payment according to the terms of the sale agreement.

Who and What is a Conveyancer?

A conveyancer is a qualified attorney who specialises in property law and is legally authorised to oversee property transactions. In South Africa, only attorneys who have passed additional conveyancing exams can act as conveyancers.

The conveyancer’s role includes:
✔ Drafting and reviewing sale agreements
✔ Conducting title deed and municipal searches
✔ Ensuring all legal requirements are met
✔ Facilitating payments and financial clearances
✔ Registering the property transfer at the Deeds Office

The Conveyancing Process in South Africa

The conveyancing process typically follows these key steps:

1. Offer to Purchase and Sale Agreement

The process begins when the buyer and seller sign an Offer to Purchase, which becomes a legally binding Sale Agreement. This contract outlines the terms and conditions of the sale, including the purchase price, deposit, and transfer timelines.

2. Appointing a Conveyancer

The seller usually appoints a conveyancer to handle the legal aspects of the transfer. However, in some cases, both the buyer and seller may have legal representatives involved.

3. Title Deed and Property Checks

The conveyancer conducts searches at the Deeds Office to verify the ownership details, existing bonds, and any legal restrictions on the property.

4. Clearance Certificates

Before the transfer can take place, several clearance certificates must be obtained, including:
✅ Municipal clearance certificate (confirming that all rates and taxes are paid)
✅ Electrical compliance certificate
✅ Gas and plumbing certificates (if applicable)

5. Transfer Duty and Fees Payment

The buyer is responsible for paying transfer duty (a government tax) unless the property is below the tax threshold (currently R1,100,000). Other costs include conveyancing fees and registration fees.

6. Bond Registration (If Applicable)

If the buyer is financing the property through a home loan, their bank will appoint a bond attorney to register the mortgage bond in the buyer’s name.

7. Lodging at the Deeds Office

Once all documents are prepared and signed, the conveyancer lodges the transfer documents at the Deeds Office for official registration. This process can take a few weeks to finalize.

8. Property Transfer and Ownership Registration

Once the Deeds Office approves the transfer, the new title deed is issued in the buyer’s name, and the property legally belongs to them. The seller receives the sale proceeds, and the transaction is complete.

Why is Conveyancing Important?

✔ Legal Protection: Ensures that the property transfer follows all legal procedures.
✔ Prevents Fraud: Verifies the legitimacy of the sale and prevents property disputes.
✔ Ensures Financial Security: Protects both the buyer and seller from financial risks.
✔ Registers Ownership: Legally records the new owner’s rights over the property.

Conveyancing is a crucial legal process that ensures a seamless and legally compliant property transfer. Whether you are buying, selling, or investing in property, working with an experienced conveyancer is essential.

At Burger Huyser Attorneys, we provide professional conveyancing services, ensuring that your property transaction is handled efficiently and with the highest level of legal expertise. Contact us today for expert legal assistance in property transfers.

Contact Burger Huyser Attorneys, and book a consultation.

To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:

Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;

Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223

DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE