At the Deeds Office your documents face three layers of scrutiny; one mis-filed page halts registration. We keep your file tight and ready so it sails through junior, senior, and registrar checks.
1. Lodgement
- The transfer attorney will arrange simultaneous lodgement of all linked transactions which typically will be the transfer, the bond cancellation and new bond to be registered over the property (referred to as a 'batch').
2. Examination of Deeds (Three Levels)
- The documents lodged will go through a checking process by Deeds Office examiners to ensure that the documents have been drafted in accordance with our law (Deeds Registries Act 47 of 1937) and other applicable laws depending on the nature of the transaction.
- The documents go through three levels of examination at the Deeds Office.
- The most senior examiner will examine the documents on the third level.
- At each level, the examiner can raise queries (referred to as 'notes').
3. Deeds Available for Registration ('Passed') or Rejected
- The note raised by the examiner may be of such a nature that the conveyancer on whose document a note has been raised can amend the document accordingly OR
- the conveyancer can respond if he/she is not in agreement with the note OR
- the note is a rejection note, which means the entire batch has been removed from the process.
- Regardless of the type of note raised, the conveyancer must ensure that the examiner that raised the note has removed the note. The Deeds Office will not allow registration to occur if the note is not removed correctly.
4. Deeds up on Prep
- The conveyancer has 5 days to have the note removed, if it has not been removed by the time the 5 days have lapsed, the transaction will automatically be rejected.
- If any of the attorneys are not ready to register their transaction for any reason, they can give a 'hold over' instruction for a maximum of 5 days.
- This 5-day period is referred to as the transaction being 'up on prep'.
5. Deeds 'Handed in for Registration'
- Once the notes have been attended to and removed by the examiner and it was not rejected, the matter may be handed in for registration ('handed in'). Registration will happen the following day.
- If no notes were raised, the matter may be handed in.
6. Registration
- Once each transaction in the batch has been handed in, the deeds will be available the following day to the conveyancer attending to the transaction.
- The registering conveyancer will sign the deeds.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
