Words and Deeds
Current news in the field of property law
An Information Service supplied by the KwaZulu-Natal Law Society

9 December 2006

Forthcoming Hearings

8 March 2007
CCT 69/06
Department of Land Affairs and Others v Goedgelegen Tropical Fruit (Pty) Limited

The Bill will be published in the Government Gazette on 15 December.

The Department of Environmental Affairs and Tourism said because of its complexity, the Bill will be open for public comment for 90 days.

Environmental Affairs and Tourism Minister Marthinus van Schalkwyk said in a statement that the primary purpose of the Bill was to :

• Provide a legal and administrative framework that will promote cooperative, coordinated and integrated coastal development
• Preserve, protect and enhance the status of the coastal environment as the heritage of all
• Ensure coastal resources are managed in the interests of the whole community
• Ensure there is equitable access to the opportunities and benefits derived from the coast
• To give effect to certain of South Africa's international law obligations.

He explained that the proposed legislation was significant because it provided the legal means for implementing the "far-sighted" White Paper for Sustainable Coastal Development in South Africa of April 2000.

"The Bill replaces the 1935 Seashore Act and the 1980 Control of Dumping at Sea Act and introduces, for the first time, a comprehensive national system for planning and managing South Africa's spectacular and valuable coastal areas," he said.

The minister expanded on the historical context of the Bill, saying since before Roman times, the seashore was defined as the common property of everyone.

Thus, the Bill is built on that ancient principle by declaring the seashore, tidal waters (such as estuaries) and South Africa's territorial seas to be coastal public property.

"The Bill requires the state to act as the trustee of coastal public property and to ensure that it is conserved and used for the benefit of the whole community, including future generations," he said.

The minister pointed out that in the past, there had been areas where the public's right to enjoy the seashore was hampered by exclusive developments which prevented people from gaining access.

"In some cases, elite coastal resorts have prevented fishing communities and the public from using traditional access routes to the beach or hiking trails along coastal cliffs. The new Bill will require that public access servitudes be established along the coast to ensure that everyone can get access to the coast to enjoy our natural heritage," said Mr van Schalkwyk.

The Bill also provides new measures to protect coastal areas from being degraded by inappropriate developments and pollution," the minister explained further.

"It will establish a buffer zone inland of the high-water mark within which certain activities will be prohibited and additional development controls will be applied. It also gives government the power to prevent development too close to the sea by establishing 'set-back lines'.

"These measures are important not only to preserve the beauty of coastal landscapes but also to respond to threats posed by, for example, rising sea-levels associated with climate change or dynamic coastal processes," he said.

Minister van Schalkwyk added that dumping and incineration at sea would continue to be prohibited in accordance with South Africa's international obligations and emphasised that there would be greater control over the discharge of pollutants via sea-outfall pipes.

The Bill also establishes a comprehensive system of coastal planning.

For the first time national, provincial and municipal plans and policies aimed at ensuring that the coast is conserved and developed in an ecologically sustainable way will have a firm legal basis, Mr van Schalkwyk said.

He explained that the national government, coastal provinces and coastal municipalities would be given powers to establish coastal management programmes ("CMPs") that set specific, enforceable, coastal management objectives that would guide decision-makers.

Through the Bill, government would be able to exercise better control over structures erected illegally in the coastal zone such as houses, jetties and retaining walls.

The Bill also provides for improved estuarine management in South Africa through the development of an over-arching national estuarine management protocol and management plans for individual estuaries.

Mr van Schalkwyk emphasised that the new Integrated Coastal Management Bill was both far-reaching and progressive and that it was of great importance also to future generations.

"I urge anyone who has an interest in the protection and sustainable use of the coast to participate in the process of finalising the Bill by contributing positive suggestions as to how we might further improve it.

"We are now on an accelerated path to decisive action that will eliminate historical confusion, provide clear parameters for the planning of future coastal developments, and create economic opportunities by increasing access to our coastal public property," he said.

BuaNews Online website

One of the main aims of the new Integrated Coastal Management Bill is to make South Africa's seashores, estuaries and territorial waters coastal public property, Environment Minister Marthinus van Schalkwyk said on Friday.

The seashore had long been defined as the common property of everyone.

"The bill builds on this ancient principle by declaring the seashore, tidal waters (such as estuaries) and South Africa's territorial seas, to be coastal public property.

"In the past, there have been areas where the public's right to enjoy the seashore has been rendered meaningless by exclusive developments, which prevent people gaining access to the beach.

"In some cases, elite coastal resorts have prevented fishing communities and the public using traditional access routes to the beach or hiking trails along coastal cliffs.

"The new bill will require that public access servitudes be established along the coast to ensure that everyone can get access to the coast to enjoy our natural heritage," he said.

The new bill - to be published for public comment in the Government Gazette on December 15 - required the state to act as the trustees of coastal public property, and to ensure it was conserved and used for the benefit of the whole community, including future generations.

Earlier this week, Cabinet approved the draft legislation.

Briefing the media at the time, government communications head Themba Maseko warned South Africans could wake up one day to discover only the "super rich" had access to the country's coastline.

Van Schalkwyk said South Africa's coastline was currently not being managed and developed in a way that made best use of its resources.

"Economic and social opportunities for wealth creation and equity are being missed and coastal ecosystems are being degraded," he said

News24 website

One of the main aims of the new Integrated Coastal Management Bill is to make South Africa's seashores, estuaries and territorial waters coastal public property, Environment Minister Marthinus van Schalkwyk said in a statement on Friday.

The seashore has long been defined as the common property of everyone.

"The Bill builds on this ancient principle by declaring the seashore, tidal waters [such as estuaries] and South Africa's territorial seas to be coastal public property.

"In the past, there have been areas where the public's right to enjoy the seashore has been rendered meaningless by exclusive developments, which prevent people gaining access to the beach.

"In some cases, elite coastal resorts have prevented fishing communities and the public using traditional access routes to the beach or hiking trails along coastal cliffs.

"The new Bill will require that public-access servitudes be established along the coast to ensure that everyone can get access to the coast to enjoy our natural heritage," he said.

The new Bill - to be published for public comment in the Government Gazette on December 15 - requires the state to act as the trustee of coastal public property and to ensure it is conserved and used for the benefit of the whole community, including future generations.

Earlier this week, the Cabinet approved the draft legislation.

Briefing the media at the time, government communications head Themba Maseko warned South Africans could wake up one day to discover only the "super rich" had access to the country's coastline.

Van Schalkwyk said South Africa's coastline is currently not being managed and developed in a way that makes best use of its resources.

"Economic and social opportunities for wealth creation and equity are being missed and coastal ecosystems are being degraded," he said.

The Integrated Coastal Management Bill will be open for public comment for a period of 90 days. - Sapa

Mail & Guardian website

Alert to scaring off potential investors, the government has said a new bill to counter the "unmitigated sale of coastal land" should not be viewed as the first step to regulating foreign ownership of land in South Africa.

At its last meeting of the year, the cabinet said it was concerned about the "unmitigated sale of coastal land, which has the effect of limiting public access to South Africa's coastline".

Government spokesperson Themba Maseko said that as a result, the Integrated Coastal Management Bill would be gazetted for public comment.

Environmental Affairs Minister Marthinus van Schalkwyk would on Sunday announce what steps the government would take to arrest this trend.

The announcement comes in the same week that a magistrate's court in Knysna made a final order that Pezula Private Estate allow unfettered use of the municipal steps leading to Noetzie beach.

Maseko said the cabinet was particularly concerned about the mushrooming of private estates on prime coastal land, which hampered public access to beaches.

This was occurring in many parts of the country, but particularly in the Cape, "where certain sections of land are basically being closed off and sold off at a very high price".

After acknowledging that the bill may be "the first legal instrument the government is putting on the table as a way of opening the discussion about the sale of land to foreigners in this country", Maseko later retracted this statement.

In a new statement, he said: "The bill will address issues of integrated development of coastal areas to ensure that development occurs in an orderly way and does not limit public access to the coast".

President Thabo Mbeki, in his state of the nation address in February, said the government was considering regulating foreign ownership of land.

The call for a review of foreign ownership of land came from the ANC's national conference in 2002 and prompted an audit of foreign ownership of land. A panel of experts was later established to look into the matter and recommended an immediate moratorium on the sale of land to foreigners.

However, the government didn't accept this proposal, and the panel is continuing its work.

This article was originally published on page 2 of The Star on December 08, 2006

IOL website

Land is a thorny issue in South Africa, where more than a decade after the end of apartheid whites still enjoy ownership of most of the country's land. - Reuters

Mail & Guardian website

Now is the time to buy if you are looking to upgrade to a bigger property. This is the message from economists and estate agents, as property prices level off in what has become more of a buyer's market in recent months.

They say it may not be long before the market faces further price hikes in the run-up to the 2010 World Cup.

However, the market is still buoyant and economists and estate agents say that now is the time to buy and take advantage of the price plateau.

Data released by the South African Reserve Bank showed that mortgage advances had increased by 30.9 percent in October compared to the same month last year, Absa's economist, Jacques du Toit, said in the bank's latest property report.

Mortgage advances had increased despite higher interest rates since June.

Durban estate agents said the local residential property market had largely cooled off, particularly at the top end, where properties were priced above R2-million.

Chris Pearson, joint owner of the Remax Address Group, said the residential boom was over and that the market had now returned to "normal conditions" after a period during which properties were "flying" as buyers had jostled to be first in line.

SA Home Loans CEO Kevin Penwarden said the company had "definitely seen a cooling down" in the market, judging by the number of loan applications it had received.

However, houses and flats priced between R800 000 and R1.2-million were still selling within weeks of being listed, provided sellers had "priced right" for size and location.

Property prices were also driven by the emerging black middle class and buyers in general wanting to upgrade property ownership.

T-Sec economist Mike Schussler said that township houses priced at less than R500 000 were also in demand.

Estate agents advised buyers to get into the market before further price hikes, anticipated in early 2008.

Schussler said that while house price growth might presently be down, the number of properties being sold was rising.

"House price increases are in single-digit figures and not the double digits we were seeing three years ago," he said. "We should see a slow-down in prices, but I don't think volumes will slow down because we are seeing more and more houses and people in the market.

"Some of the more luxury houses are seeing decreases. The R500 000 to R800 000 market is very buoyant and below that, in the townships, it is starting to pick up tremendously".

Maxprop MD Gordon Battersby said "a lot of investors are wanting to sell because they are not getting the rental returns anticipated".

"Now that the market is beginning to stabilise, they want to get out because they are not going to make much more money," Battersby said.

He cautioned buyers to get their financial affairs in order before the promulgation of the National Credit Act next year, which could make it more difficult to obtain bonds. Under the new Act, credit providers must ensure that credit is not recklessly granted.

While prices may have stabilised, it has not become any easier for young, first-time home owners to enter the market.

Luke Jooste, general manager of First National Bank's home loans division, said the bank's mortgage book showed that the average price of new loans granted was between R550 000 and R660 000. However, this was escalating and the bank expected house price growth of between 10 percent to 15 percent going forward.

This article was originally published on page 2 of Pretoria News on December 05, 2006

IOL website

The SA property market has this year seemingly achieved the "soft landing" that many commentators suggested would be the ideal scenario after an unprecedented four-year boom - but some stimulatory measures may now be necessary to prevent an over-correction.

So says Gerhard Kotzé, CEO of the ERA South Africa property group, who believes it is now seriously worth looking at the merits of "de-linking" home mortgage rates from the rest of the interest rates structure to keep property as affordable as possible and boost home sales. This idea was mooted recently by Reserve Bank Governor Tito Mboweni.

Kotzé concedes that the latest property market statistics show that growth in property prices has slowed to the lowest level in 18 months in the wake of four interest rate increases and lower demand.

But he says, it has to be realised that in future growth in values will take place from the high base level reached during the boom years.

"Thus it's very likely that affordability will continue to be a problem for many ordinary wage-earners - as it is now in many other countries too - with the SA situation being exacerbated by building material shortages, high building costs and the long approval delays that developers here have to contend with.

"In fact, this is already evident in rising demand for rental units as would-be buyers find it more difficult to qualify for home loans".

On the other hand, he says, the property and construction sectors are too important in terms of job and wealth creation to contemplate an occurrence here of what happened in reaction to a previous property boom in China, for example, where the government stepped in to curb an over-exuberant market and property prices fell drastically.

"On the contrary, what we need is some concerted effort to increase the size of the market and generate more home sales by helping first-time buyers to afford a home (with interest rate concessions, for example) and at the same time creating more housing stock specially for first-time buyers".

Rodney Hayter website

"Together with their children they number [about] 1 000 people," said Ross. - Sapa

Mail & Guardian website

Sello Motseta

About 150 members of the main opposition Botswana National Front held a protest march on Saturday against government moves to relocate Bushmen from their land in the Central Kalahari Game Reserve.

Botswana's high court is expected to rule on December 13 on a legal challenge by the Bushmen against their eviction. The government says the Bushmen agreed to move from their ancestral lands in cooperation with efforts to make the Central Kalahari a game reserve.

Holding placards that read "Value Human Life more than Animal Life," "Land, Diamonds to People not Multinationals," and "Let Basarwa Go Home Now," they submitted a petition to President Festus Mogae objecting to what they called the forcible relocation of the Basarwa people, popularly known as Bushmen.

Backed by the British based group Survival International, the Basarwa are trying to fight eviction from their ancestral homelands by authorities who they accuse of seeking to exploit the vast area's mineral and diamond potential.

The opposition members demanded the president, who was not in the country, allow the Basarwa to return to their homeland and that they become co-owners and co-managers of game reserve.

They also urged the government to introduce affirmative action programmes for the Basarwa, to recognise their indigenous status and to ensure they are taught in their mother tongue during the first five years of primary education.

"Government is trying to impose on them an alien settlement pattern which makes them recipients of food handouts. It amounts to ethnocide and cultural genocide and is breeding new problems of alcoholism, prostitution and HIV/Aids infections," said the party's secretary general Akayang Magama.

"Condescending top-down bureaucratic approaches to development coupled with whatever material incentives are always doomed to failure," Magama said.

Botswana is the world's largest producer of diamonds and the Bushmen have appealed for help from actor Leonardo DiCaprio, whose film Blood Diamond shows how "blood diamonds" financed civil war in Sierra Leone in the 1990s.

Archbishop Desmond Tutu has also condemned the eviction of the Bushmen and has recorded a video message in support of their campaign.

The case, the longest running legal battle in Botswana's post colonial history, was filed after the government evicted the Bushmen from the land in 2002.

At least 12% of the original 239 applicants have since died in government resettlement camps, Survival International said.

This year, 135 more applicants asked to be added to the original list.

"The importance of this demonstration is to show solidarity with Basarwa. It shows that it is not only an international issue but that people of Botswana also realise that constitutional rights of Basarwa have been violated," said Jumanda Gakelebone, spokesman for the First People of the Kalahari, the organisation which represents the Bushmen. - Sapa-AP

Mail & Guardian website

A federal judge on Wednesday dismissed all of the remaining land claims filed by the Golden Hill Paugussett tribe, which had sought to use them as leverage to acquire land for a casino in Bridgeport.

US District Judge Janet Bond Arterton in New Haven ruled that the Trumbull-based tribe cannot pursue land claims in court because it is not recognized as an American Indian tribe by the federal government. The Paugussetts, who contend their ancestral lands were seized illegally, have been repeatedly denied federal recognition, but are recognized as a tribe by the state.

State Attorney General Richard Blumenthal said Wednesday that the ruling should end the tribe's 14-year attempt to seize thousands of acres of land in Fairfield and New Haven counties.

"This final result should put to rest any remaining land claims by this group and provide peace of mind to property owners in the region," Blumenthal said.

"As we said from the beginning, we would relentlessly and tirelessly resist any attempts to bully innocent property owners or the state and use the land owners as hostages in efforts to gain federal tribal recognition," he said.

But the Paugussetts said the legal battle is far from over and they plan to appeal Wednesday's ruling to the 2nd US Circuit Court of Appeals in New York within 30 days.

"We disagree with Judge Arterton's decision and will appeal our case to the 2nd Circuit, as is our legal right," the Paugussetts' Chief Quiet Hawk said in a statement.

Wednesday's ruling dismissed claims filed in federal court to 140 acres in Bridgeport, Trumbull and Orange.

In 1992, the tribe filed claims in state and federal courts to 17 000 acres in Bridgeport, Trumbull, Orange, Seymour, Southbury and Shelton. It had also threatened to file claims to nearly 700,000 more acres throughout southern and western Connecticut.

The claims in state court were thrown out in 1997, and those in federal court were dismissed over the years.

The tribe had said it would drop the land claims in return for 300 acres in Bridgeport for a casino.

boston.com website

The Consolidated Practice Manuals of the Deeds Office of South Africa, named "the most comprehensive publication in its class" by S Lefafa, Chief Registrar of Deeds, has finally been published, and we're accepting orders now for delivery in January 2007.

Juta has secured the rights to publish the operating manual of the Deeds Office, available as from 15 December 2006. The aim of the publication is to submit an extensive and modern survey of the entire field of deeds registration practice and procedure.

Written and endorsed by Deeds Office personnel, the publication consists of four sections, each aimed at a specialised field, namely Conventional Deeds Matters, Notarial Deeds Matters, Diverse Legislation and Sectional Title Matters. Although the relevant underlying legal principles are addressed, the focal point rests on specific procedures, accompanied by guidelines for deeds examiners.

The manuals contain useful tables containing easy references to case law, legislation, Chief Registrar's Circulars and Registrars' Conference Resolutions (see below for a full list of contents). A comprehensive index for the work will be issued early in 2007 together with amendments resulting from the latest Conference Resolutions. The electronic version will be available in February 2007.

Owing to the high volume of orders anticipated, we recommend that you place your order now for delivery in mid January 2007.

Title : The Consolidated Practice Manuals of the Deeds Office of South Africa
Format : Looseleaf 880pp
Price : R945.00 (incl VAT, excl postage and packaging)
ISBN-13 : 978-0-7021-7416-2
ISBN-10 : 0-7021-7416-5

Contents

Section 1 - Conventional Deeds Manual

Chapter 1 : Introduction and General Provisions
1.     The South African land registration system
2.     Characteristics of the South African registration system
3.     How the ownership in land is conveyed from one person to another
4.     The duties, functions and powers of the Registrar of Deeds
5.     The conveyancer, notary and their responsibilities
6.     Workflow of deed through the deeds registry
7.     Lodgement covers
8.     Notes to conveyancers
9.     Removal of notes
10.   Endorsing of deeds
11.   Identity of persons
12.   Interdicts
13.   Preparation of deeds documents
14.   Description of properties
15.   Transfer duty receipts
16.   Clearance certificates
17.   Office fees
18.   Hints on the reading of cases
19.   Hints on the reading of legislation
20.   Legal terminology (capita selecta)
21.   Deedsweb

Chapter 2 : Contractual capacity
1.     Introduction
2.     Minors
3.     Spouses married out of community of property
4.     Spouses married in community of property
5.     Foreign marriages
6.     Marriages registered in terms of the Indians Relief Act 22 of 1914
7.     Customary marriages in terems of the recognition of Customary Marriages Act
       120 of 1998
8.     Partnerships
9.     Deceased estates
10.   Insolvent persons
11.   Mentally incapacitated persons
12.   Associations
13.   Trusts
14.   Companies and Close Corporations
15.   External companies
16.   Companies or Close Corporations in liquidation
17.   Companies or Close Corporations under judicial management or receivership
18.   Churches
19.   Local authorities
20.   Contractual capactiy in relation to the divorced person, the fiduciary and the
       fideicommissary heirs
21.   Statutory bodies
22.   Body corporate

Chapter 3 : The Deed of Grant and various Deeds of Transfer, supporting documents and ancillary matters
1.     Deeds of grant
2.     Analysis of the conventional deed of transfer
3.     Supporting documents to be lodged with a deed of transfer
4.     Endorsing the deed of transfer
5.     Proposed method of examination
6.     Estate transfers
7.     Forced sale in terms of the Land and Agricultural Development Bank Act 15 of
       2002
8.     Donation transfers
9.     Exchange transfers
10.   Rectification transfers
11.   Transfer by a trustee to a rehabilitated insolvent in terms of S 58(1) of the
        Deeds Registries Act
12.   First transfer of an erf from a township title
13.   Transfer of endowment erven from a new township
14.   Transfer of a township or the remainder of a township
15.   Transfer to a foreign mission /government/organisation/post/institution/
        person/representative as intended in S 3(4) of the Diplomatic Immunities and
        Privileges Act 74 of 1989
16.   Practice and procedure pertaining to the intestate succession of black persons
17.   Expropriation and vesting transfers
18.   Transfer by virtue of order of court
19.   Partition transfers

Chapter 4 : Transfer of land by means of endorsement and miscellaneous other acts  of registration
1.     Introduction
2.     Transfer of land by means of an endorsement
3.     Miscellaneous registrations

Chapter 5 :Certificates of Title
1.     Introduction
2.     Certificates of registered title
3.     Certificate of consolidated title
4.     Certificate of uniform title
5.     Certificate of township title
6.     Certificate of registered state title
7.     General

Chapter 6 : Subdivision of land
1.     Introduction
2.     Advertising on Roads and Ribbon Development Act 21 of 1940
3.     Subdivision of agricultural holdings
4.     Subdivision of agricultural holdings and agricultural land situated within the
        jurisdiction of a local authority
5.     Subdivision of erven in township areas
6.     The South African National Roads Agency Limited and National Roads Act 7 of
        1998
7.     Requirements for subdivisional transfer
8.     Requirements regarding subdivisional diagrams
9.     Qualification of conditions
10.   Endorsements
11.   Computer printouts

Chapter 7 : The analysis of the Mortgage Bond
1.     Introduction
2.     The mortgage bond
3.     Analysis of a bond
4.     Collateral bonds
5.     Surety bonds
6.     Covering bonds
7.     Participation bonds
8.     Debenture bond (skuldbrief) ('obligasieverband')
9.     'Kinderbewys' mortgage bond
10.   Substituted bond
11.   Judicial mortgage
12.   Indemnity bond
13.   'Kustingbrief'
14.   Endorsements for mortgage bonds

Chapter 8 : Miscellaneous registrations in respect of Registered Bonds
1.     Introduction
2.     Cessions of registered bonds and cancellations of registered bonds
3.     Substitution of debtor in terms of S 57 of the Deeds Registries Act
4.     Cancellations
5.     Releases
6.     Part payments
7.     Reduction in cover
8.     Waiver of preference of bonds
9.     An agreement varying the terms of a bond (S 3(1)(s))
10.   Substitution of debtor in terms of SS 45 and 45bis of the Deeds Registries Act

Chapter 9 : Certified copies of Deeds and documents
1.     Introduction
2.     Reason for the issue of certified copy
3.     Cancellation of lost/destroyed bonds
4.     Where a title deed has been cancelled under S 6 of the Deeds Registries Act
       47 of 1937, and a prior title is no longer available
5.     Copies of notarial bonds
6.     Copies of documents not mentioned in reg 68(1)

Chapter 10 : Sequence of Deeds
1.     Introduction
2.     Section 14 of the Deeds Registries Act : the general rule
3.     Transfer duty on intermediary transfers
4.     Importance of S 14 of the Deeds Registries Act

Chapter 11 : The application of the Law of Intestate Succession
1.     Application of the Intestate Succession Act 81 of 1987
2.     Provisions regulating the operation of the Intestate Succession Act
3.     Examples of the application of intestate succession

Section 2 - Diverse Legislation Manual

Chapter 1 : Trust Property Control Act 57 of 1998
1.     Introduction
2.     Authorisation to act as a trustee
3.     Deeds registry practice regarding trusts created prior to 31 March 1989
4.     Deeds registry practice regarding trusts created as from 31 March 1989
5.     Acquisition of immovable property by foreign trusts
6.     Deeds registry requirements regarding appointment of trustees, power of the
       trustees and the furnishing of security by trustees
7.     The purchase of immovable propert for a trust not yet in existence
8.     Mortis causa trusts in terms of S 40 of the Administration of Estates Act

Chapter 2 : Aspects concerning the Alienation of Land Act 68 of 1981
1.     Introduction
2.     Definitions
3.     Recording of a contract
4.     Effect of the recording of a contract on future dealings with the land
5.     Preference accorded to a purchaser by the recording of a contract
6.     Transfer of land to remote purchaser
7.     Transfer to purchaser or intermediary on insolvency
8.     The right of the purchaser to take transfer against the seller's assignee
9.     Application for the cancellation of the recording of a contract
10.   Procedure to be followed in respect of a sectional title unit in a scheme
11.   Chapter III of the act : general provisions

Chapter 3 : Marriages in terms of the Black Administration Act 38 of 1927 and the Recognition of Customary Marriages Act 120 of 1998 and Intestate Succession of Black Persons
1.     Introduction
2.     Black marriages : an introduction
3.     Practice and procedure pertaining to the intestate succession of black persons

Chapter 4 : The Transfer Duty Act 40 of 1949
1.     Lodgement of transfer duty receipts
2.     Introduction to the act
3.     Definitions
4.     Imposition of transfer duty
5.     By whom, when and to whom is duty payable?
6.     Penalty on late payment of duty
7.     Duty of the deeds controller with regard to transfer duty receipts
8.     Exemptions from transfer duty
9.     Registration of acquisition of property prohibited where duty has not been paid
10.   General
11.   Commissioner to recover amount of duty unpaid
12.   The acquisition of land by a 'purcahser or nominee'

Chapter 5 : The Development Facilitation Act 67 of 1995
1.     General
2.     An introduction to land development procedures
3.     Land development procedure in terms of chapter V
4.     Land development procedure in terms of chapter VI

Chapter 6 : The Upgrading of Land Tenure Rights Act 112 of 1991
1.     Introduction
2.     Definitions
3.     Converstion of land tenure rights into ownership (ch 1)
4.     Contents of land tenure rights mentioned in schedule 1 pending conversion
5.     Continuation of title conditions, servitudes and bonds
6.     Effect of conversion of land tenure rights mentioned in schedule 1 into
       ownership and regarding such rights pending conversion (s 6)
7.     Cancellation of certain servitudes and restrictive conditions relating to
        formalised townships
8.     Opening of township registers in respect of formalised townships
9.     Arrgangements by minister to facilitate opening of township registers
10.   Directions as to opening of township registers
11.   Conditions of land use
12.   Shortened registrations procedure relating to certain erven and land transferred
       by township owner (s 13)
13.   Correction of township registers by registrar of deeds
14.   Formalising of township (ch 2)
15.   Miscellaneous (ch 3)

Chapter 7 : The Black Communities Development Act 4 of 1984
1.     Introduction
2.     Persons entitled to grant leaseholds (leasehold grantor)
3.     Persons entitled to obtain a right of leasehold
4.     Premises in respect of which a leasehold may be granted
5.     Grant of leasehold
6.     Registration of grant of leasehold
7.     General
8.     Transfer of leasehold
9.     Bonds
10.   Cancellation of registered leasehold
11.   Township development
12.   Conversion into ownership

Chapter 8 : Less Formal Township Establishment Act 113 of 1991
1.     Introduction
2.     Purpose of act
3.     Definitions
4.     Chapter I : Shortened procedures for less formal settlement
5.     Chapter II (SS 10 to 18) : Shortened procedures for less formal township
        establishment
6.     Chapter II (S 19) : Establishment of townships by or on behalf of premier
7.     Chapter III : Settlements by indigenous tribes
8.     Comparison of different types of registers provided for in Act 113 of 1991
9.     Summary of procedures for the examination of DDD transfers

Section 3 - Notarial Practice Manual

Chapter 1 : Notarial Lease Agreements over immovable property
1.     Introduction
2.     Formalities with regard to leases of land
3.     Place of registration of lease or sublease
4.     The lessor of the land
5.     The lessee of the land
6.     Description of leased land
7.     Hypothecation of leases and subleases
8.     Duration of lease and consideration payable
9.     Conditions of the lease
10.   Diagrams concerning leases and subleases of land
11.   Release a portion of the leased land
12.   Stamp duty in respect of leases
13.   Transfer duty
14.   Clearance certificates
15.   Number of copies of lease required for registration
16.   Termination of registered leases
17.   Cession of leases and subleases of land
18.   Other leases
19.   Plotting of leases

Chapter 2 : Servitudes and Conditions
1.     Introduction
2.     Section 63 of the Deeds Registries Act
3.     Personal servitudes
4.     Praedial servitudes
5.     Fideicommissa

Chapter 3 : General Powers of Attorney
1.     Introduction
2.     Nature of general power of attorney
3.     Existence of the general power of attorney
4.     Formalities
5.     Extent of the general power of attorney
6.     Authority to register
7.     Preparation clause
8.     Responsibility of the preparer of a power of attorney
9.     The principal (grantor or mandant)
10.   The agent (mandatory)
11.   Power of attorney to perform more than one act
12.   Co-mandatories and joint mandatories
13.   General power of attorney with power of substitution
14.   Agent may not sell property to himself/herself
15.   Registration of general powers of attorney
16.   Date and place of execution
17.   Attesting of powers of attorney signed within the republic
18.   Alterations to a power of attorney
19.   Authentication of power of attorney executed outside the republic
20.   Copies of general powers of attorney
21.   General power of attorney and immovable property
22.   The termination of the power of attorney
23.   The irrecoverable power of attorney
24.   Stamp duty
25.   General remarks
26.   Endorsements

Chapter 4 : Antenuptial Contracts
1.     Introduction
2.     Antenuptial contracts

Chapter 5 : The analysis of the Notarial Bond
1.     General
2.     Analysis of the notarial bond
3.     General provisions

Section 4 - Sectional Titles Manual

Chapter 1 : Opening of a Sectional Title Register
1.     Definitions
2.     Opening of a sectional title register

Chapter 2 : Conversion of a Share Block Scheme to Sectional Title Ownership
1.     Introduction
2.     Concept of share block scheme
3.     Conversion of share block scheme into sectional title ownership
4.     Transfer of units
5.     Relationship between body corporate and share block scheme
6.     Summarised comparison of a share block scheme and a sectional title scheme

Chapter 3 : Transfer and mortgage of units and the cession and cancellation of exclusive use areas
1.     Introduction
2.     Transfer of ownership in a unit
3.     Right to exclusive use areas - S 27
4.     Cancellation of an exclusive use area
5.     Mortgage bonds and sectional mortgage bonds

Chapter 4 : Subdivision, consolidation and extension of a section
1.     Introduction
2.     Subdivision of a section
3.     Consolidation of two or more sections
4.     Subdivision or consolidation of and exclusive use area and the cancellation
        thereof
5.     Extension of a section

Chapter 5 : The real right to extend the Sectional Title Scheme by the additions of sections and exclusive use areas
1.     Introduction
2.     Reservation of the right to extend the scheme by the addition of sections and
        exclusive use areas
3.     Transfer of the real right to extend, or a portion thereof
4.     Application for registration of a sectional plan of extension of a scheme by the
        addition of sections and exclusive use areas
5.     Termination of the real right to extension

Chapter 6 : Sundry dealings with the common property of a Sectional Title Scheme
1.     Introduction
2.     Registration of leases in respect of the common property
3.     Registration of the alienation of the common property
4.     Expropriation of the common property
5.     Registration of the reserving of the real right to extend the sectional title
       scheme in terms of S 25
6.     Registration of the extension of the common property by the addition of land to
       the common property
7.     Registration of the reserving of the real right to exclusive use areas in terms of
       S 27
8.     Registration of servitudes in respect of the common property

Chapter 7 : Termination of a Sectional Title Scheme
1.     Introduction
2.     Cancellation of the sectional plans by the developer (S 14(6))
3.     Cancellation of the sectional plans by somebody other than the developer
        (S14(8))
4.     Alienation of common property (S 17)
5.     Destruction of buildings (S 48)
6.     Dissolution of the body corporate

Appendices
Table of statutes
Table of cases
Table of Chief Registrar's Circulars (CRCs)
Table of Registrars' Conference Resolutions (RCRs)

Orders

For enquiries or to place your order for delivery in mid January 2007,
kindly contact either Bev Purdon on  031-304 4335 (bpurdon@juta.co.za) or Belinda Du Randt on 031-304 4335 (bdurandt@juta.co.za).