Understanding Conveyancing Law
When buying or selling a property, you may come across the term conveyancing law—but what exactly does it mean? Conveyancing law governs the legal process of transferring ownership of immovable property from one party to another. It ensures that property transactions are legally valid, protecting both buyers and sellers.
At Burger Huyser Attorneys, we specialise in conveyancing and property law, guiding our clients through every step of the property transfer process.
Conveyancing law in South Africa refers to the set of legal rules, procedures, and regulations that govern the transfer of property ownership. It ensures that property transactions are conducted legally, transparently, and fairly.
This branch of law covers various aspects of property transactions, including:
✔ Drafting and reviewing sale agreements
✔ Conducting title deed searches
✔ Ensuring compliance with municipal regulations
✔ Handling transfer of ownership at the Deeds Office
Only qualified conveyancers, who are attorneys with specialised training in property law, are legally authorized to handle conveyancing transactions in South Africa.
Why is Conveyancing Law Important?
Conveyancing law is essential for ensuring that property transactions are legally sound and free from disputes. Here’s why it matters:
✔ Legal Ownership Confirmation: Ensures that the seller has the legal right to transfer the property.
✔ Prevention of Fraud: Protects buyers from purchasing properties with hidden legal issues.
✔ Compliance with Regulations: Ensures that property transfers meet all legal and municipal requirements.
✔ Financial Protection: Ensures that all payments, including transfer duties and property taxes, are correctly handled.
What is the Legal Conveyancing Process in South Africa?
The conveyancing process follows a series of legal steps to transfer property ownership from the seller to the buyer.
1. Sale Agreement is Signed
Once the buyer and seller agree on the sale terms, they sign an Offer to Purchase, which becomes a binding contract.
2. Appointing a Conveyancer
The seller typically appoints a conveyancer to handle the legal aspects of the transfer.
3. Title Deed and Legal Checks
The conveyancer conducts searches at the Deeds Office to verify the property’s legal status, including any existing mortgage bonds or restrictions.
4. Obtaining Clearance Certificates
Before registration, the conveyancer ensures that all municipal rates, taxes, and utility bills are paid by obtaining a municipal clearance certificate.
5. Payment of Transfer Duty
If applicable, the buyer pays transfer duty to the South African Revenue Service (SARS) before the transfer can be completed.
6. Registration at the Deeds Office
The conveyancer lodges the required documents at the Deeds Office. Once approved, the buyer’s name is officially recorded as the new owner.
Who is Responsible for Conveyancing Fees?
Conveyancing fees are paid by the buyer and cover the costs of legal services, Deeds Office fees, and other administrative expenses. These fees vary depending on the property’s value.
Conveyancing law ensures that property transactions are legally valid, protecting both buyers and sellers from legal risks. By working with an experienced conveyancer, you can ensure a smooth, legally compliant property transfer.
At Burger Huyser Attorneys, we provide professional conveyancing services tailored to your needs. Whether you are buying or selling a property, our team is here to guide you through the process efficiently and transparently.
Contact us today for expert assistance in property transactions.
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
