ABC of Conveyancing, The 15e

Product Details:
Author(s):
Kilbourn, L and
Botha, M
Year Published:
2025
Edition
15th
Type:
Print | Soft Cover
Language:
English
About this publication
The ABC of Conveyancing deals with all aspects of conveyancing without presupposing a previous knowledge of conveyancing. The existing material has been updated to reflect the law and conveyancing practice as at December 2024.
The book is widely used by practitioners and paralegals, as well as by the Law Society of South Africa’s LEAD education programme. The text also forms the basis of the Black Conveyancers Association’s training for paralegals in conveyancing, and for the latter’s recent application to SASSETA for approval of a credit-bearing course for the training of conveyancing paralegals.
The textbook is also used as the prescribed course notes for the South African Law School’s programme for Conveyancing.
Content
INTRODUCTION
1 Understanding what conveyancing is about
2 Understanding the concepts immovable property, ownership and real rights
3 The different faces of property ownership: Freehold, leasehold, sectional titles, and others
4 Introduction to sectional titles
5 Sectional titles: How the components of a scheme fit together
6 The South African Deeds Registration System: An introduction
7 The diagram: Foundation of the land registration system
8 The deeds office, the conveyancer and the conveyancing paralegal
9 What is the law and where does it fit in?
10 The law relating to conveyancing: Legislation and other sources of law
TRANSFERS
11 The transfer process: An overview
12 Role-players in the transfer process
13 Phase 1: Receiving and processing the transfer instruction
14 Agreements: Terminology, legal principles and practice
15 The clauses one may expect in the agreement relating to a sale of property
16 Extracting conveyancing-relevant information from the agreement of sale
17 The checklist in the transfer file, deeds office print-outs and deeds searches
18 The Financial Intelligence Centre Act and its implications for conveyancing transactions
19 Phase 2: Communicating with the role-players at the outset of the transfer
20 The legal nature of clients: Ability of natural persons and legal persons to contract and perform juristic acts
21 Marriage law and conveyancing: An overview
22 Marriage in community of property
23 Introduction to entities
24 Companies
25 Close corporations
26 Trusts
27 Partnerships
28 Obtaining accurate information and reliable documents from clients: An introduction
29 Information and documents required from natural persons
30 Information and documents required from companies, close corporations, trusts and partnerships
31 Phase 3: Collecting information and documents, monitoring and reporting
32 Phase 4: Drafting and signing of transfer documents
33 Phase 5: Managing the finances in the transfer file
34 Phase 6: Transfer duty and VAT; obtaining a transfer duty receipt or exemption certificate from SARS
35 Phase 7: Rates/levy clearance, HOA consent and compliance certificates
36 Phases 8, 9 & 10: Preparing for lodgment, lodgment and registration
MORTGAGE BONDS
37 Introduction to mortgage bonds
38 Different types of mortgage bonds: Context and categories explained
39 Steps in the mortgage bond registration process: Phases 1, 2 and 3
40 Steps in the process of bond registration: Phase 4 Ð drafting of bond documents
41 The final steps in the bond registration process: Phases 5 to 10 – Finances, preparing for lodgment, lodgment, registration and winding up the file
MORTGAGE BOND CANCELLATIONS
42 Cancellation of mortgage bonds
CONSUMER PROTECTION
43 Consumer Protection Act
CONSUMER CREDIT
44 Brief summary of the National Credit Act from a conveyancing perspective
JOINT ESTATES
45 Section 45 endorsements and Section 57 substitutions
Precedents
Annexures
Index
Interest / Benefit to
Conveyancing secretaries
Paralegals
Mortgage originators
Estate agents
Bank employees working with mortgage bonds and securities
Anyone wanting to learn more about conveyancing participants