You have been dreaming of owning your very own house since the moment you have received your first paycheck and now you are finally in a position to make this dream realise.
You finalise everything with your estate agent, who works hand-in-hand with a conveyancer and even before you can say ‘housewarming’, you receive the deed to the property which means it is officially yours.
However, not everyone understands and appreciates the process of having a title deed registered.
As soon as the conveyancers have prepared and signed all the required documents, they will proceed to lodge the deed at the Lodgement Counter of the Deeds Office. The counter clerk receiving the deed will endorse the date of lodgement and link the deed with other deeds should the cover of the deed indicate that it has to be linked.
On the same day, the dated and linked deeds are sent to the data section of the deeds office where a computer printout on the acting person/s, as well as of the land concerned, is placed within the cover of each deed. This information is very important to ensure that a proper examination of a deed takes place.
The deeds are then taken to the distribution room of the deeds office where it is distributed among examiners.
On day two, the first examination of the deeds takes place by junior examiners whom examine it at their level and raise notes where necessary.
A second examination takes place on the third day. This is done by a senior examiner who examines the work of the junior examiners and then either passes or rejects a deed.
However, before the deeds, whether rejected or passed, are returned to the conveyancer for final preparation, it can also go to the assistant registrar of deeds to be monitored on the fourth day. This is to ensure that the rejection or passing of a deed is in accordance with law, rules and regulations set down.
The deeds and all relevant documents are then returned to the conveyancer for the final preparation for execution and registration on day five.
The conveyancer has five days to comply with the notes of the examiners and have it removed once complied with.
Once final preparation has been done, a final examination of interdicts against the deeds, which are going through to registration, is done by the data typist to determine whether any new interdicts have been received.
If there are no new interdicts or caveats, the deeds are taken to the execution room where the execution of deeds take place.
This usually occurs between five to seven days after lodgement.
The conveyancer signs the deed in the presence of the registrar of deeds in accordance with the power of attorney he has received by the owner, whereafter the deed is attested by the registrar.
Once attested by the registrar, the property is officially transferred into the name/s of the new owner/s. The deeds and documents are then numbered and dated according to codes and series after which the official seal of the registrar of deeds is then affixed to the pages of the deeds in which the registrar of deeds’ signature appears.
This data gets captured on the computer and is checked once again.
On or around day 10 after lodgement a final in-depth examination of each deed takes place to ensure that everything is in order for the microfilming of the documents.
Between days 11 to 13 these deeds and documents are captured on microfilm or scanned whereafter the microfilms are stored in the records of the deeds office.
Delivery of the written deed and documents usually occur between 13 to 16 days after lodgement where it gets placed in the pigeonhole of the various firms.
It is clear that a lot of work and effort is done to ensure that you receive your title deed of your new home. Therefore, while celebrating your new achievement, remember to “cheers” all the people who have helped to make it possible.
Should you have any questions regarding property law or conveyancing, kindly direct them to conveyancing@sjbothaattorneys.co.za
ALSO READ:
Make sure of property prices before seller’s remorse kicks in
Follow us:
For more #hyperlocal news at your fingertips, visit Benoni City Times, Springs Advertiser, Brakpan Herald, African Reporter and Kathorus Mail.
