A conveyancer is an admitted attorney with an additional qualification. The conveyancing exam is widely recognised as one of the most difficult examinations to pass in the South African legal system. A conveyancer is the only person allowed by law to attend to the actual registration of a transfer or mortgage bond.
The South African land registration system is widely hailed as one of the most sophisticated systems in the world as every piece of land is shown on a diagram and title deeds are available for public viewing. Section 25 of the Constitution of the Republic of South Africa protects the right to property and states that nobody may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.
What is transfer duty? Transfer duty is a tax the buyer pays and is payable to SARS in advance (before registration). When purchasing a newly built property from a developer transfer duty does not usually apply as the developer will be registered for VAT.