DEEDS REGESTRATION - UNDERSTANDING THE PROCESS


DEEDS REGESTRATION - UNDERSTANDING THE PROCESS
Understanding the Deeds Office Registration Process

The Deeds Office plays a crucial role in property transactions. They are responsible for examining, registering, and keeping records of all property deals. The process typically takes 7-10 working days, as long as there are no issues with the paperwork.


The Journey of Your Property Documents

Here’s a step-by-step look at what happens after you sign the transfer documents with your conveyancing attorney:
  • Lodgement: Your attorney submits the transfer documents to the Deeds Office. If there's a new bond to be registered or an old one to be canceled, all related documents are linked together. The documents are then scanned into a tracking system, so your attorney can monitor their progress.
  • Initial Checks: A data clerk performs a search on the seller, buyer, and the property to check for any legal issues or interdicts. This information is then passed on to the examiners.

The Examination Gauntlet

Your documents go through three levels of checks to ensure everything is perfect:
  • Level 1: A junior examiner does the first review.
  • Level 2: A senior examiner takes a second look, considering any notes from the junior examiner. They will decide if the documents can be passed or if they should be rejected. If even one document in the batch has an error, the entire set is rejected.
  • Level 3: A final check is done by an Assistant Registrar of Deeds, who gives the ultimate approval.

If the documents are rejected, they are returned to the attorney to fix the errors and resubmit.


Getting Ready for Registration
  • Preparation ("Prep"): Once the documents have passed the examination stages, they move to the "prep" stage. Here, the conveyancing attorneys make the final arrangements for registration. This includes getting the final go-ahead from the bank (if there's a bond involved) and making sure all financial and contractual conditions have been met.
  • Final Checks: Right before registration, a last check is done to ensure no new legal issues have come up since the documents were first lodged.
The Final Step: Registration
  • Execution: The conveyancer signs the deeds in the presence of the Registrar of Deeds. The Registrar also signs and stamps the documents, making the transfer official. The property is now formally registered in the new owner's name.
  • Wrapping Up: After registration, the Deeds Office gives each deed a unique number and date and captures the transaction in their system. The original documents are then scanned for their records and the original title deed is sent back to the conveyancing attorney.
If there's a mortgage bond, the bank keeps the original title deed until the bond is paid off. Once it's paid, the original title deed is given to the homeowner.
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