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The Practitioners Guide to Conveyancing and Notarial Practice 2nd Edition

The Practitioner's Guide to Conveyancing and Notarial Practice covers the important aspects of conveyancing and notarial practice.

Publication Language: English

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ISBN/ISSN: 9780639009964
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ISBN/ISSN: 9780639009933
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ISBN/ISSN: 9781776322275
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ISBN/ISSN: 9780639002811
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Product description

The Practitioner's Guide to Conveyancing and Notarial Practice covers the important aspects of conveyancing and notarial practice.

You can place your order now to receive this title when delivery services resume after lockdown.

In view of the provisions of the Deeds Registries Act No. 47 of 1937, which places a duty on the Registrar to apply the directives issued by the Chief Registrar of Deeds, this publication is an invaluable and authoritative source when drafting deeds and documents.

The author provides a comprehensive exposition of how to describe parties in deeds and documents, as well as an explanation on how to draft extending clauses and causa for estate transfers in addition to other types of transactions. The chapter on estate transfers is an invaluable guide as it covers each type of estate transaction, providing a comprehensive set of documents that need to be lodged with a specific estate transfer. The author provides examples of how the causa must be drafted with a list of the supporting documents that need to be lodged for estates administrated in terms of the Black Administration Act 38 of 1927. The publication includes a chapter on customary marriages which will assist practitioners who have to advise on their clients' marital status.

This long awaited second edition is updated to include new case law, new Registers Conference Resolutions, New Legislation and new Practices and Procedures.

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Table of contents

CHAPTER_1 - An overview of the deeds registration system and deeds registries in South Africa

CHAPTER_2 - The contract of sale and matters related to sale of land

CHAPTER_3 - How ownership in land is conveyed from one person to another and the analysis of the conventional deed of transfer

CHAPTER_4 - The conveyancer and notary and their responsibilities

CHAPTER_5 - Deeds to follow sequence of their relative causes

CHAPTER_6 - Identification of parties in deeds and documents tendered for registration or execution at a deed registry

CHAPTER_7 - Description of parties in the preamble and vesting clause of deeds and documents

CHAPTER_8 - Contractual capacity of the transferor

CHAPTER_9 - Agency and powers of attorney

CHAPTER_10 - Various causae of the deed of transfer

CHAPTER_11 - Personal and praedial servitudes in terms of the Deeds Registries Act 47 of 1937

CHAPTER_12 - Restrictive title deed conditions

CHAPTER_13 - Estate Transfers

CHAPTER_14 - Interdicts and forced sales

CHAPTER_15 - Subdivisional and partition transfers of land

CHAPTER_16 - An overview of the Spatial Planning and Land Use Management Act 16 of 2013

CHAPTER_17 - Sundry applications in terms of the Deeds Registries Act 47 of 1937 and the Administration of Estates Act 66 of 1965

CHAPTER_18 - Opening of township register

CHAPTER_19 - Certificates of title and substituted title deeds

CHAPTER_20 - The analysis of the conventional mortgage bond and notes on notarial bonds

CHAPTER_21 - Mortgage bonds and restrictive conditions

CHAPTER_22 - Miscellaneous registrations in respect of registered bonds

CHAPTER_23 - Expropriation transfers and related matters

CHAPTER_24 - Deeds of Transfer by virtue of an Order of Court

CHAPTER_25 - Notarial lease agreements over immovable property

CHAPTER_26 - Antenuptial contracts

CHAPTER_27 - Transfer duty

CHAPTER_28 - The Trust Property Control Act 57 of 1988

CHAPTER_29 - The Civil Unions Act 17 of 2006

CHAPTER_30 - Black Marriages: The past and the present

CHAPTER_31 - The recording and cancellation of a contract in terms of the Alienation of Land Act, 1981

CHAPTER_32 - The Subdivision of Agricultural Land Act 70 of 1970

CHAPTER_33 - The Land titles Adjustment Act 111 of 1993

CHAPTER_34 - Sectional title matters

CHAPTER_35 - Housing Development Schemes for Retired Persons Act 65 of 1988

CHAPTER_36 - Excisions and Incisions

Table of Cases

Table of Acts

Subject Index

Guidelines to prepare for the conveyancing examination