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DEED OF TRANSFER PT. 1 - Coggle Diagram
DEED OF TRANSFER PT. 1
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Other ways of transfer
If unalienated state land is transferred from the state to any other person, transfer is effected by means of a state grant of land (Sec 18(1)).
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FORMALITIES
Preparing a deed of transfer: Deed of transfer must be prepared in the form prescribed by law or the regulations (Section 20). The following 4 types of deeds are prescribed in the regulations:
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All deeds of transfer, mortgage bonds, certificates of title, and all other certificates of registration must be prepared by a conveyancer (Section 15).
The only exception to this rule is where another law provides otherwise. A "Conveyancer", means a person practicing as such in the RSA (Section 102).
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Heading
Every deed must be supplied with a heading that indicates the type of deed at first sight "DEED OF TRANSFER" / "MORTGAGE BOND"
Preamble
Also referred to as the introduction to a deed of transfer. It includes two aspects namely the appearer and the transferor.
The appearer: preamble refers to the power of attorney given by transferor whereby appearer us authorised to appear before the registrar of deeds on his behalf to execute docs to be registered
Full names & surname of conveyancer must be in the preamble as well as place and date of signature of the POA.