If you have ever bought or sold property in South Africa, you may have come across the term “conveyancer.” However, many people don’t fully understand what a conveyancer does or why they are essential in property transactions. Having worked in the conveyancing field for over 10 years, I have often been asked “What is a Conveyancer and what do you do?” resulting in a bit of confusion about my profession. Often, to keep things simple, I merely answer “I am an Attorney.” However, as our profession grows, I do think it is best to educate people about Conveyancing, So, let’s break it down.
What is a Conveyancer?
A conveyancer is a qualified attorney who specializes in property law and is legally certified to transfer ownership of immovable property (land, houses, complexes etc.) from one person to another.
In South Africa, not all attorneys can act as conveyancers, only those Attorneys who have passed a rigorous conveyancing exam set by the Legal Practice Council and then duly admitted as a practicing Conveyancer by the High Court, may then sign off on the necessary documents required to transfer a property.
A Conveyancers Role in Property Transactions
A conveyancer plays a crucial role in property sales, ensuring that all legal requirements are met and that the transaction is legally valid and secure. Here’s what we, as Conveyancers, do:
1. Property Transfers
We handle the legal process of transferring ownership of a property from a seller to a buyer. This process involves drafting of documents, obtaining the necessary consents to transfer from the relevant government department and lodging documents with the Deeds Office to ensuring that ownership is legally transferred between the parties and then correctly recorded.
In KwaZulu-Natal, the transferring Conveyancer is appointed by the Seller.
2. Bond Registrations
When a buyer takes out a mortgage bond in order to cover the Purchase Price of the property, a conveyancer is appointed to register the mortgage bond with the bank, securing the loan against the property. The Bond Registration Conveyancer is appointed by the bank that has approved a bond over the property. The conveyancer then works with the transferring conveyancer to ensure the Deeds Office is aware of the bond and that the transfer documents are endorsed to reflect the bond. Once registered, the holding Deed for the property is then kept in the banks possession until such time as the bond is paid off.
3. Bond Cancellations
If a seller has an existing bond, in order to transfer the property to a new owner, the existing bond needs to be cancelled in order for the holding Deed to be released from the bank. Conveyancers are instructed by the bank that holds the existing bond, to attend to the formal cancellation of the bond with the Deeds Office.
If the property is sold before the bond is paid off, the cancellation conveyancer will work together with the transferring conveyancer to cancel the bond simultaneously with the transfer of the property.
If the bond has been paid off in full and the property is not being transferred, a cancellation conveyancer will be appointed by the bank to formally cancel the bond in the Deeds Office.
In any given transfer, there can be three conveyancers involved. A conveyancer to cancel the bond, a conveyancer to transfer the property and a conveyancer to register the new bond. All three conveyancers will work simultaneously to get the transaction finalised.
4. Drafting & Reviewing Legal Documents
As conveyancers, we prepare and peruse sale agreements, draft power of attorney documents, Deed of Transfer documents as well as ensuring all contractual obligations are met and are legally binding, amongst other things…
We then send the relevant documents to the Deeds Office in order for the transfer of ownership to be accepted and recorded.
5. Ensuring Compliance with Legal Requirements
All Property transfers require various legal clearances, including, but not limited to:
- Rates Clearance Certificate (proving that municipal rates, electricity, water and refuse are up to date)
- Compliance Certificates (electrical, entomology, gas, electric fence, etc)
- Transfer Duty or VAT Payments to the South African Revenue Service (SARS)
Why is a Conveyancer Important?
Many people think buying or selling property is as simple as signing an agreement, but without a conveyancer, the transaction cannot be legally finalized. Our job is to:
✅ Protect both the buyer and seller from legal pitfalls
✅ Ensure ownership is properly recorded in the Deeds Office
✅ Prevent fraud and disputes
✅ Facilitate a smooth and stress-free transaction
Final Thoughts
As a conveyancer, I bridge the gap between legal processes and property ownership, ensuring that every transfer is legally sound. If you’re planning to buy or sell property, working with a skilled conveyancer is not just a legal requirement—it’s essential for a secure and hassle-free transaction.
To find out more about what the conveyancing process entails and how we can help you, contact us at Ulrich Attorneys & Associates.