Author: Ewan O’Reilly

The Importance and functions of a Conveyancer:
The title Conveyancer is derived from the word Convey and in the legal context means to transfer title. Conveyancers are admitted Attorneys of the High Court whom have passed the two national Conveyancing exams set by the Legal Practice Council and are specialists in the area of immovable property transfer and the preparation of associated documentation which is lodged with the Deeds office.

Conveyancers oversee the process of transferring immovable property from the current registered owner and registering it in the name of the purchaser/s to securer the title as registered owner.
Section 33(3) of the Legal Practice Act No28 of 2014 prohibits any person from performing or rendering any act or service for which he may expect a fee, commission, gain or reward, which according to any other law, may only be performed or rendered by Conveyancer.

Conveyancers are usually categorized according to the below functions:
a) Transferring Attorneys – The transferring attorneys ensure that the property is transferred by the Seller to the Purchaser.
b) Bond Cancellation Attorneys – They are instructed by the bank to cancel the bond registered in favour of the bank over the relevant property
c) Bond Registration Attorneys- They are instructed by the bank to register a bond in favour of the bank over the relevant property

Documentation typically drafted by a Conveyancer:
Power of Attorney: allowing the Conveyancer to act on behalf of the Seller/s in order to effect the transfer of immovable property.

Personal Affidavit’s and FICA (Financial Intelligence Centre Act) Affidavits for Seller’s and Purchasers
Documentation for the investment of Trust monies received from the Purchaser/s.
Bond registration documentation

General responsibilities of a Conveyancer:
Ensuring that a valid Deed of Alienation exists in respect of immovable property;
Managing all financial matters associated with transfer, new bond registration or cancelation of an existing bond or bonds.

Preparation of Deeds and associated documents and ensuring that formal requirements are complied with:

• Simultaneous transaction linking.
• The lodgement of Deeds at the Deeds office.
• The execution and Registration of Deeds in the presence of the Registrar of Deeds.
• Provide a final statement to the Seller thereby giving account of all finances.

The above is a summary of the general functions and responsibilities of a Conveyancer and is not an exhaustive list. It is easy to see that appointing reliable and efficient Conveyancer is of utmost importance in ensuring a problem free transfer of immovable property.