Conveyancing 101

Purchasing property is probably the most important investment of anyone's life, and having a conveyancer to facilitate the transaction protects both buyer and seller interests.

- Denise Mhlanga

A conveyancer admitted by the High Court is the only person who can lawfully register immovable property in the Deeds Registry - a necessary step that ensures lawful registration and accuracy of information provided by both parties.

"South African law has one of the best property registration systems globally with highly qualified conveyancers specialising in various areas of property law," says Fairooz Abdul Kader, director at Savage Jooste & Adams.

She says conveyancers are responsible for ensuring that the transaction's financial arrangements are in order. These include securing guarantees flowing from the new bond for the cancellation of any existing bonds, and the balance of the purchase price due to the seller, which is often a complicated process.

Kayley Leverton, the senior associate at Gillan & Veldhuizen Inc., says due to the complex nature and legal aspect of property transactions, it is a requirement to have a conveyancer facilitate the process. It is always advisable, but not a requirement, to have a conveyancer check any Offer to Purchase to ensure parties are properly protected before they enter into an agreement.

Leverton says the conveyancing process involves multiple institutions, other conveyancers, and estate agents, with conveyancers focusing on bond cancellations, and others on bond registrations.

CHOOSING A CONVEYANCER