Conveyancing is the legal process of transferring ownership of a property from one person or entity (the seller or “transferor”) to another (the buyer or “transferee”). It involves various steps and legal documents that must be completed to ensure that the transfer is legally binding and properly recorded. 

As such, conveyancing can be a complex process, and it's important to have a qualified and experienced conveyancer to guide you through the process and ensure that everything is done correctly.

Hutchinson Attorneys can help navigate this complex process from the start, from the receipt and review of the sale agreement, all the way to the finish at registration of the transfer in the Deed Office.

Our main service is on transfer of property: the legal process of transferring ownership of a property from one person or entity to another. This can occur through various means, such as sale, inheritance, donation, or court order.

The transfer process typically involves the following steps:

1. Sale Agreement: most transfers are the result of a sale, where the buyer and seller will have agreed on the terms of the sale, such as the purchase price and which attorney firm will conduct the transfer. Often the negotiation of the purchase price, and the drafting and signing of the agreement will be facilitated by an estate agent instructed by the seller. 

2. Conducting of searches, drafting and signing of transfer documents- this is where Hutchinson Attorneys will come in:

• If the buyer and seller have agreed to instruct us, then the sale agreement will be sent to us (usually by the estate agent). 
• We then request legal information about the property from the Deeds Office. We will also attend to the drafting of the transfer document. 
• These will include the new title deed (“deed of transfer”), power of attorney, and other relevant documents for the Deeds Office. 
• The buyer and seller will then need to sign the transfer documents with us once the documents are ready. 

3. Obtaining of certificates: by law the Deeds Office cannot register the change of ownership until the South African Revenue Service (SARS) has issued a receipt stating that transfer duty has been paid (“Transfer Duty Receipt”)  and the local municipality has issued a certificate stating that rates due for the property have been paid three months in advance (“Rate Clearance Certificate” or “RCC”). 

• Transfer duty is a national tax payable on the sale of property, and the amount varies depending on the value of the property. Some transfers will be exempt from transfer duty (often if they are below a certain amount or if the property is being inherited) but SARS will still have to issue an exemption receipt to that effect. 

• Rates are a local tax calculated on the value of the property and payable to the local municipality. The municipality will also include charges for services (lights, water, refuse) provided to the property.We will apply for the RCC but regrettably, this is where most of the delay in a transfer can occur since it can sometimes take the local municipality up to three months to process and issue the RCC. 

• Levies are charges for services by the body corporate for a sectional title property (such as an apartment in a block of flats). If the property is a sectional title, then we will have to apply to the body corporate (or the managing agent if there is one) for a certificate stating that levies due for the property have been paid in advance for the property (“Levy Clearance Certificate” or “LCC”). Not all transfers will require LCC since not all properties are sectional title property. We will know if the property is a sectional title from the sale agreement or from our property searches. 

• Electrical, entomologist, gas and electrical fence certificates will often have to be provided by the seller (with electrical and entomologist certificates being the most common) as a term of the sale agreement. These certificates are obtained from a qualified professional (such as an electrician). They are not provided to the Deeds Office but often the lending bank will require copies. 

4. Registration of the transfer: the transfer documents must be lodged and registered at the Deeds Office. This involves submitting the documents to be checked by the Deeds Office and paying the necessary registration fees.

Notarial services refer to a range of legal services provided by a notary public. A notary is a specialist legal practitioner who has undertaken additional  exams and training to perform various legal functions such as preparing specialist legal documents, witnessing signatures, and verifying documents. Notarial services are important because they help to ensure the authenticity and validity of legal documents. Notaries public play an essential role in preventing fraud and protecting the interests of individuals and businesses in various legal transactions.

Notarial services that we can assist with include:

1. Antenuptial Contracts: a legal agreement that is entered into by two individuals before they get married. The purpose of an antenuptial contract is to determine the distribution of assets and liabilities in the event of a divorce or the death of one spouse by ensuring that both individuals are married out of the community of property and determining if the accrual system will apply to their marriage. 

3. Certifications: a notary can certify that a copy of a document is a true and accurate copy of the original. Many government bodies and private organisations overseas will only accept documents that have been certified by a notary.

Increasingly, due to the risk of fraud, certain public bodies in South Africa will only accept documents certified by a notary. One example is the Health Professions Council which our notary can assist health professionals in supplying evidence of their professional qualifications. 





3. Authentications: a notary can acknowledge the signing of a legal document. This involves verifying the identity of the signer, ensuring that they are signing the document voluntarily, and confirming that they understand the contents of the document.

4. Apostille: a special type of authentication that is used to verify the authenticity of a public document, such as a birth certificate, marriage certificate, or diploma, for use in another country. The word “Apostille” refers to the certificate that is issued by a designated government authority, which verifies that the public document is genuine and has been issued by a competent authority. 

   
   

   Turn-around times for an Apostille can often be done on the same day but please allow 2-5 days total depending on how quickly you can meet with our notary to certify the original public document. The process of obtaining an Apostille varies depending on the country where the document was issued. In South Africa, the Registrar of the High Court will issue an  Apostille provided that the public document has been certified by a notary public. We can assist with the  preparation of the Apostille and delivery to the High Court in Durban for signature.