Course Overview

Conveyancing is the legal transfer of property from one owner to another. Ownership is mostly in the form of a real right, although limited real rights may also exist in the form of servitude or other rights in property, e.g. a creditor’s right against the owner or registered leases

From a pedagogical viewpoint, conveyancing involves business processes traditionally designed to transfer land and/or associated landed property from one owner to another. The reality is that the actual transactions and activities that result in the transfer of ownership are derived from specialized business processes of the various private firms and public agencies (role players) that are involved in conveyancing. The reality is that the actual transactions and activities that result in the transfer of ownership are derived from specialized business processes of the various private firms and public agencies (role players) that are involved in conveyancing.

This course has been designed to help participants acquire the requisite fundamental practical background on the work of a conveyancing. Participants for this course will be provided with a good working knowledge and understanding of what conveyancing is all about; who the role-players are and how their interaction proceeds; what the conveyancing and registration process aims to achieve.

 

Course Objective:

This course will help participants to:
• have good working knowledge and understanding of what conveyancing is all about;
• know who the role-players are and how their interaction proceeds;
• understand what the conveyancing and registration process aims to achieve;
• have an overview of what the transfer, bond and cancellation process entails.
• describe the various parties in a power of attorney, deed of transfer and mortgage bond
• draft supporting documents/affidavits to be lodged with the Registrar of Deeds and/or filed in the Conveyancer’s file Specific Intended Outcomes
• distinguish between those documents that have to be lodged and those that have to be kept in the conveyancer’s file.
• describe the transfer or/ee in a power of attorney/deed/mortgage bond.
• draft the supporting documents/affidavits that are either lodged with the Registrar of Deeds or filed in the conveyancer’s file.
• understand the significance and responsibilities of the Preparation Clause.

 

Course Overview and Outcomes

• To describe what conveyancing is about.
• To distinguish between Immovable property, ownership and real rights.
• The different faces of property ownership: freehold, leasehold and sectional titles.
• The South African deeds registration system.
• To identify the role-players in the transfer process, the receiving and processing of a transfer instruction.
• Agreements: Terminology, legal principles and practice.
• To demonstrate an understanding of the Common clauses in a property sale agreement.
• To interpret and deeds office print-outs and deeds searches.
• Illustrate an understanding and implications for conveyancing transactions.
• Communicating with the role-players at the outset of the transfer.
• The legal nature of clients’ Marriage law and conveyancing.
• Summarize legal entities such as companies, close corporations, trusts and partnerships.
• Discuss the monitoring, reporting, drafting and signing of transfer documents.
• Analyse and interpret the managing the finances in the transfer file, including Transfer duty / VAT rates and levy clearance and including compliance certificates.
• Introduction to mortgage bonds, including the drafting of bond documents.
• Compare the Different types of bonds.
• Review the Cancellation of mortgage bonds.
• Discuss the Consumer Protection Act and a brief summary of the National Credit Act from a conveyancing perspective.

 

Who Should Attend:

• Attorneys
• Paralegals
• Legal Assistants
• Assistants and other who wish to achieve greater efficiency to work competently in a legal
practice or individuals who want to enter the legal field.

 

COURSE DATES : 

8 – 12  APRIL 2019

13 – 17 MAY 2019

15 – 19 JULY 2019

16 – 20 SEP 2019

11 – 15 NOV 2019

Course Curriculum

Deed of Sale
Responsibility of the Conveyancer
Power of Attorney
Deed of Transfer
Identification of Parties in deeds/documents for registration
Section 21 of the DRA 47 of 1937
Supporting Documents for registration
Lost Title Deeds
Amendment to Deeds
Certificate of Consolidated Title
Sectional Title Transfers
Mortgage Bonds

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