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Guide to Mortgage and Notarial Bonds Study Guide

Learn about the legal framework of mortgage and notarial bonds, crucial for securing debts in property and credit law. This guide details their definitions, registration, key clauses, and distinctions between securing immovable (mortgage bonds) and movable (notarial bonds) property. It also explores specialized bonds like collateral, surety, indemnity, covering, and participation bonds, along with legal benefits and renunciations relevant to sureties. Essential for understanding credit security

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Analysis of Deed of Transfer

Analysis of Deed of Transfer

An analysis of the deed of transfer, including lodgement, linking, and the responsibilities of a conveyancer regarding the correctness of facts in deeds and supporting documents.

  • Lodgement and linking
  • Lodgement codes
  • Deed of transfer
  • Power of attorney
  • Rates clearance certificate
  • Transfer duty receipt
  • Preparation clause
  • Conveyancer responsibilities
  • Notary public duties
  • Mortgage bonds
  • Certificates of title
  • Description of parties
  • Marital status and property vesting
  • Representative capacity

Analysis of Mortgage and Notarial Bonds

Analysis of Mortgage and Notarial Bonds

A detailed examination of mortgage bonds and notarial bonds, including their definitions, registration requirements, essential clauses, and various specialized types.

  • Mortgage bond definition
  • Immovable property
  • Real right vs personal right
  • Registration of bonds
  • Notarial bond
  • Movable property
  • Collateral bond
  • Indemnity bond
  • Kinderbewys mortgage bond
  • Covering bond
  • Kustingsbrief
  • Participation bond
  • Debenture bond
  • Execution clause
  • Renunciation of legal exceptions
  • Non numeratae pecuniae
  • Non causa debiti
  • Errori calculi
  • Beneficium ordinis seu excussionis
  • Beneficium divisionis

Procedures for Mortgage Bonds

Legal processes regarding mortgage bonds including cancellation, cession, release of property, variation of terms, substitution of debtor, and waiver of preference.

  • Mortgage bond cancellation
  • Cession of registered mortgage bonds
  • Out and out cession
  • Cession as security
  • Release of property from a bond
  • Variation of terms of a bond
  • Substitution of debtor/mortgagor
  • Substitution of transferee as debtor
  • Part payments against fixed debt
  • Reduction in cover for covering bonds
  • Waiver of preference
  • Pari passu ranking
  • Collateral, indemnity and surety bonds

Seller and Purchaser Accounts and Transfer Duty

Transfer Duty Applications and Calculations

This document covers transfer duty definitions, acquisition dates, fair value, calculation methods, progressive duty rates, penalties for late payments, and exemptions.

  • Date of acquisition
  • Transfer duty
  • Penalty duty
  • Antenuptial contract
  • Declared value
  • Fair value
  • Servitude of right of way
  • Exchanges
  • Purchase consideration
  • Progressive duty bands
  • Transferee
  • Late payment penalties
  • Exemptions from transfer duty

Transfer Duty Exemptions and VAT Applications

This document outlines various exemptions from transfer duty under the Transfer Duty Act, including provisions for deceased estates, spouses, and partnerships, as well as the relationship between transfer duty and VAT.

  • Transfer duty exemptions
  • Deceased estate succession
  • Institutional property acquisition
  • Partition of joint ownership
  • Marriage in community of property
  • Trustee termination and replacement
  • VAT and transfer duty interaction
  • Supply of enterprise as a going concern
  • Zero rated taxable supplies
  • Land reform exemptions

Regulations and Requirements for Partition Transfers

Regulation of Partition Transfers

Partition transfers under section 26 of the Deeds Registries Act regulate the distribution of land among joint holders to turn undivided shares into separate parcels.

  • Partitioning of land
  • Joint holders
  • Undivided shares
  • Deeds Registries Act section 26
  • Partition agreement
  • Power of Attorney
  • Essential requirements for partition
  • Equalising payments
  • Transfer duty exemption
  • Capacity and Master's consent
  • Form F deed
  • Substitution of bonds
  • Leases and personal servitudes

Miscellaneous Transfers, Donations, and Rectification

Miscellaneous Transfers and Donation Laws

Legal requirements for miscellaneous transfers, partition of land subject to fideicommissum, and the validity of land donations under the Alienation of Land Act.

  • Miscellaneous transfers
  • Partition of land subject to fideicommissum
  • Donation of land
  • Alienation of Land Act 68 of 1981
  • Deed of donation
  • Capacity of parties
  • Acceptance of donation
  • Causa in deed of transfer
  • Donations by a deceased person
  • Donations tax

Miscellaneous Estate and Sale Transfers

Documentation for Miscellaneous Estate Transfers

Requirements for lodging supporting documents and certificates to facilitate estate transfers by testate, intestate, sale, or insolvent deceased estates.

  • testate succession
  • intestate succession
  • section 42(1) certificate
  • section 42(2) certificate
  • liquidation and distribution account
  • redistribution agreement
  • next of kin affidavit
  • proof of adiation
  • waiver or repudiation of inheritance
  • massed estate
  • sale by the deceased
  • sale by the executor
  • insolvent deceased estate
  • surviving spouse takeover

Miscellaneous Transfers and Section 45 Endorsements

Procedures for miscellaneous transfers involving executors, heirs, and survivors of spouses married in community of property regarding land registration and bond endorsements.

  • Miscellaneous transfers
  • Executor requirements for land registration
  • Master's certificate for sales
  • Section 45 DRA endorsement
  • Spouses married in community of property
  • Release and substitution of debtor
  • Transfer duty receipt
  • Exemption certificate
  • Mortgage bond cancellation
  • Written application requirements

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