The timely registration of deeds such as bonds and transfers, in particular their simultaneous registration, is extremely important for financial reasons.
The Deeds Registries Act 47 of 1937 makes provision for this. Specifically, section 13 provides that any deeds that are executed or attested by the Registrar are considered to be registered once the Registrar has signed the relevant deeds.
Furthermore, the section provides that the registration of deeds, documents or powers of attorney takes place when the Registrar signs the endorsement thereof.
Registration happens when the Registrar signs the deed or relevant endorsement and in the case of several interdependent deeds, when all of these deeds have also been signed.
For example: When A passes a transfer to B and cancels his bond in favour of C, and B passes a new bond in favour of D, only once the Registrar has signed the bond, the transfer and all endorsements relating to these transfers and bonds as well as the cancellation of the existing bond, will registration take place.
If, inadvertently, the Registrar’s signature is omitted from any document, deed, power of attorney or endorsement, according to section 102, the same Registrar is not required to rectify the omission. Therefore, any other Registrar may sign said documents.
For expert legal assistance with registration of deeds and registering transfer of property, contact our property attorneys.
Subscribe to our Newsletter
Estate Agent Training
Bond & Transfer Calculator
Get the latest updates in your email box automatically.