ABC of Conveyancing 2023 looks at conveyancing from the perspective of a conveyancing paralegal working under the control and supervision of a conveyancer in a law firm. Its purpose is firstly to equip individuals with the necessary knowledge and skills required in order for them to become successful conveyancing paralegals. Secondly, the book is intended to serve as a reference work for a wider audience, on basic conveyancing procedures. 

ABC of Conveyancing 2023 aims to achieve three things:

• to provide an overview of what conveyancing in South Africa is about;
• to describe the subject in a way that non-lawyers will understand and enjoy; and
• to demystify conveyancing processes by giving a step-by-step account of how basic conveyancing files (transfers, bonds and bond cancellations) are administered in practice.

ABC of Conveyancing deals with all aspects conveyancing without presupposing previous knowledge of conveyancing. ABC of Conveyancing 2023 has been updated to reflect the law and conveyancing practice as at 14 November 2022.

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.

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