WHAT HAPPENS IN THE DEEDS OFFICE?


LEGAL TITBITS

by Alfréda Burger-De Waal

(www.michaelburger.co.za)

Are you tired of people pulling the wool over your eyes regarding the process in the Deeds Office? I will try and explain the procedure step by step, hopefully enabling you to understand the process followed in the Deeds Office.

The Deeds, together with their supporting documents, are placed in a file called a lodgement cover. The lodgement cover is provided with a tracking number. This allows the Attorneys to track the transactions during the whole process.

Step 1 – Lodgment entails that the lodgement cover is handed in at the Lodgement Room. There the Officials sort and link the batches that were lodged on that day. They ensure that all the relevant components of the transaction (transfer, bond, servitudes and bond cancellations) are linked as one batch.

Step 2 – The transaction is now moved to the Distribution Room where the batch is allocated to a random first level examiner. After every step the batch is returned to the Distribution Room from where it goes to the next step in the process.

Step 3 – The First Level Examiner does data searches on the property, transferee and transferor. These searches provide them with all the information they need to examine the deeds, for example marital status, servitudes and so forth. The Examiner also makes sure that all the supporting documents are included. The Examiners on all the levels make notes of anything that needs to be corrected or changed in the deeds.

Step 4 – From there back to the Distribution Room and then to a Second Level Examiner. This Examiner examines the correctness of the deeds and the information contained. They have the power to pass or reject the deeds.

Step 5 – Back to the Distribution Room and then to the last step of examination, the Third Level Examiner. This Examiner does an overall final check. If the deeds comply then they will be passed and go to Preparation. If the deeds are rejected they will be delivered back to the attorneys.

Step 6 – The attorneys are notified that the transaction is "on prep". They proceed to check their documents for any examiners notes and do the necessary corrections if any. After all the notes have been removed and the Conveyancer is sure that the contractual obligations have been fulfilled they hand the batch in at the Preparation Office to be forwarded to the Execution Hall.

Step 7 – In the Execution Hall the Conveyancer and the Registrars execute the deeds. The moment that the Registrar signs the deed it is considered registered!

The abovementioned process should take between ten to twelve working days (approximately two weeks).