Deeds Registration
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EMACPLAN PROPERTIES FOR SMALLHOLDINGS PRETORIA GAUTENG SOUTH AFRICA
The Deeds Office ( Registrar of Deeds) is a government office and forms part of the Department of Land Affairs. Since November 1994 the Deeds Office operates on a commercial basis and is only partly dependant on Government subsidy. The duties of the Deeds Office are stipulated in the Deeds Registries Act No. 47 of 1937 and the Regulations to the Act.
The Registrar is a semi-judical officer and his/her decisions are still subject to the inherent powers of the High Court. Basically his/her function is to examine and register deeds which are prepared by conveyancers. The conveyancers are the “production line” preparing the deeds to finalize transactions of their clients in property related matters, while the Deeds Office serves as the “quality control” to decide whether the deeds are suitable for registration. All examiners are legally qualified with Law Degrees and enjoy house training.
After deeds have been lodged in the Deeds Office, they are examined by the staff, kown as the examiners who are entitled to require proof of the facts contained in the documents submitted. When the Deeds Office is satisfied the deeds are executed, by signing of the deed by the conveyancer and Registrar. Whereafter the Registrar affixes his seal of office to the executed deed as final proof of the authenticity of the deed.
The Chief Registrar is appointed by the Minister, and in each Deeds Office there is a Registrar, with provision for Deputy Registrars and Assistant Regsitrars. These officials are aided by Controllers more specifically known as Examiners and other administrative and clerical staff.
The Deeds office consits of the following sections:The Management SectionThis consists of the Registrar, his Deputies and Assistants who are in charge of the overall management and decision-making in the Deeds Office.The examining Section These are the “executive staff” who examine the deeds, consult with conveyancers and approve or reject deeds for registration These officials have to be legally qualified.The Strong Room SectionThese officials are responsible for the administrative functions like lodgement and delivery counter, micro-filming (where all deeds are microfilmed once approved), data (computer section), information counter and numbering of deeds (where stamped of Registrar gets affixed).The Personnel Section They look after the clerical and administrative duties.
Usually a deed takes approximately 7 -8 working days form date of lodgement to be registered, depending on the work load of the Deeds Office. It can be seperated into four phases which consists of the following:
Phase One – Day 1The deeds are lodge by the conveyancer, where the deeds office links the deeds together in batches. Computer print outs reflecting its present status are obtained and then the deeds goes to the distribution room where it is distributed between the junior examiners.Phase Two – Day 2The deeds are distributed to the junior examiner who endorses and examines the deed and makes notes for the conveyancer to comply with if necessary. The deeds then go to the distribution room of senior examiner and the procedure of examination is repeated.Phase 3 – Day 3-4 Deeds go the the Assistant Registrars who merely give the deeds a final check and then the deeds go to the preparation counter (also known as “prep”) . The conveyancer complies with the notes of the examiners, stamp bonds etc. The following day the deeds go to the “execution room” for registration before the Registrar.Phase 4 – Day 5-8After the Deeds have been registered before the Registrar the deeds are numbered and dated, the office seal is affixed, and the new information is put on computer. The deeds then go through a “final check” and are then micro-filmed and delivered back to the conveyancer.
Had it not been for the fact that the Deeds Office maintain such a high standard, the courts would have been jammed with matters arising from difficult property transactions. Usually differences between the conveyancer and the Deeds Office are settled amicably and the relationship between the Deeds Office and conveyancers has always been harmonious. Any disputes that arises are referred to the Chief Registrar who then deals with the diputes accordingly.
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