What Is a Conveyancing Attorney?

When buying or selling property, one of the most crucial professionals in the process is a conveyancing attorney. These legal experts handle the transfer of property ownership, ensuring that everything is done legally, correctly, and efficiently. But what exactly does a conveyancing attorney do, and why is their role so important in South Africa’s property market?

At Burger Huyser Attorneys, we specialize in conveyancing and property law, assisting buyers, sellers, and investors with seamless property transfers.

A conveyancing attorney is a lawyer who specialises in property law and is legally qualified to handle the transfer of real estate ownership. Unlike general attorneys, only admitted conveyancers can register property transactions at the Deeds Office in South Africa.

The conveyancing process involves multiple legal steps, from drafting contracts to ensuring all financial and municipal obligations are met before ownership is officially transferred.

What Are Key Responsibilities of a Conveyancing Attorney?

A conveyancing attorney plays a vital role in every property transaction, whether you’re a buyer, seller, or investor. Below are the main responsibilities of a conveyancer:

1. Drafting and Reviewing the Offer to Purchase (OTP)

Before a property sale can proceed, the Offer to Purchase (OTP) must be correctly drafted and signed by both parties. The conveyancer ensures that the contract:

✅ Clearly states the terms and conditions of the sale.
✅ Includes important details such as purchase price, deposit, and deadlines.
✅ Complies with South African property laws to protect both the buyer and seller.

This step helps avoid legal disputes and ensures a smooth transaction.

2. Conducting Property and Title Deed Searches

A conveyancing attorney verifies the ownership status of the property and checks for any legal restrictions. This involves:

  • Confirming the seller’s legal ownership of the property.
  • Checking for bonds, servitudes, or legal disputes attached to the property.
  • Ensuring the property has a valid title deed before transferring ownership.

This step prevents fraud and ensures that the buyer is purchasing a legally sound property.

3. Handling Transfer Costs and Fees

Conveyancing attorneys manage all financial aspects related to the property transfer. This includes:

  • Calculating and collecting transfer duty payable to SARS.
  • Ensuring that municipal rates and levies are paid before transfer.
  • Facilitating payment of legal fees and bond registration costs.

This process ensures that all financial obligations are settled before the property is registered in the buyer’s name.

4. Liaising with Banks for Bond Registration and Cancellation

For buyers financing their property through a home loan, the conveyancer assists with:

  • Bond Registration – Ensuring that the bank registers the buyer’s new bond at the Deeds Office.
  • Bond Cancellation – Assisting sellers with the cancellation of existing home loans once the property is sold.

This step ensures that the bank has legal security over the loan while allowing the transfer to proceed smoothly.

5. Obtaining Clearance Certificates

Before a property can be transferred, the conveyancer must obtain the necessary clearance certificates, such as:

  • Municipal Clearance Certificate – Confirms that all rates, taxes, and utilities are fully paid.
  • Levy Clearance Certificate – Required for sectional title properties in complexes or estates.
  • Electrical Compliance Certificate – Ensures that the property meets safety standards.
  • Pest, Plumbing, and Gas Certificates – Required in some areas to confirm compliance with building regulations.

Without these certificates, the Deeds Office cannot register the transfer.

6. Lodging Documents at the Deeds Office

The most crucial duty of a conveyancer is registering the property transfer at the Deeds Office. This involves:

  • Submitting all legal documents, including the title deed and transfer duty receipts.
  • Ensuring the transaction complies with property laws and regulations.
  • Working with Deeds Office examiners to finalize the property registration.

Once approved, the title deed is updated, and the buyer officially becomes the new owner.

7. Finalising the Property Transfer

Once the Deeds Office registers the property, the conveyancer ensures that:

✅ The buyer receives legal ownership of the property.
✅ The seller’s bond is canceled, if applicable.
✅ The seller receives the proceeds of the sale.

At this stage, the property transaction is complete, and the buyer can take possession of their new home.

Why Do You Need a Conveyancing Attorney?

Hiring a conveyancing attorney is mandatory in South Africa when transferring property ownership. Without a qualified conveyancer, the transaction cannot be legally registered, which could lead to legal and financial complications.

At Burger Huyser Attorneys, we ensure that your property transfer is handled professionally, efficiently, and transparently.

✔ Experienced in Property Law – Our attorneys specialize in real estate and conveyancing.
✔ Fast and Efficient Service – We streamline the transfer process to avoid unnecessary delays.
✔ Transparent Fees – We provide clear cost breakdowns with no hidden charges.
✔ Client-Focused Approach – We guide buyers and sellers every step of the way.

If you’re buying, selling, or transferring property, let Burger Huyser Attorneys handle your conveyancing needs with expertise and professionalism. Contact us today.

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