An introductory legal textbook for property law.

Sectional Titles and Other Fragmented Property Schemes aims to describe the different forms of urban fragmented property schemes introduced by legislation. Therefore, the functioning of the management bodies of such schemes and the nature and effect of management and conduct rules are emphasised to indicate to what extent the idea of urban fragmented property holding has changed the property concept in the new constitutional dispensation in South Africa.

Relevant case law, new legislative developments, especially the amended Sectional Titles Act 95 of 1986, the Sectional Titles Schemes Management Act 8 of 2011, the Community Schemes Ombud Service Act 9 of 2011 and the Companies Act 71 of 2008, are discussed comprehensively to indicate how fragmented property schemes are governed and how disputes regarding use rights of individual sections and the common property of such schemes are solved.

Juta’s Property Law Library is aimed at revisiting and reassessing the whole of South African property law, which includes uncodified common law that is mostly embodied in case law, academic writing and legislation, to establish:

• how each aspect of property law was influenced by apartheid law;
• its response to the new constitutional dispensation (including land reform), and;
• whether it can make a contribution towards the transformation of South African law and society.

For this purpose, Juta’s Property Law Library will eventually consist of a number of monographs, each of which is focused on a specific aspect of property law.

The ABC of Conveyancing deals with all aspects of conveyancing without presupposing a previous knowledge of conveyancing. The existing material has been updated to reflect the law and conveyancing practice as at December 2024.

The book is widely used by practitioners and paralegals, as well as by the Law Society of South Africa's LEAD education programme. The text also forms the basis of the Black Conveyancers Association's training for paralegals in conveyancing, and for the latter's recent application to SASSETA for approval of a credit-bearing course for the training of conveyancing paralegals.

The textbook is also used as the prescribed course notes for the South African Law School's programme for Conveyancing.

Content

INTRODUCTION
1 Understanding what conveyancing is about
2 Understanding the concepts immovable property, ownership and real rights
3 The different faces of property ownership: Freehold, leasehold, sectional titles, and others
4 Introduction to sectional titles
5 Sectional titles: How the components of a scheme fit together
6 The South African Deeds Registration System: An introduction
7 The diagram: Foundation of the land registration system
8 The deeds office, the conveyancer and the conveyancing paralegal
9 What is the law and where does it fit in?
10 The law relating to conveyancing: Legislation and other sources of law

TRANSFERS
11 The transfer process: An overview
12 Role-players in the transfer process
13 Phase 1: Receiving and processing the transfer instruction
14 Agreements: Terminology, legal principles and practice
15 The clauses one may expect in the agreement relating to a sale of property
16 Extracting conveyancing-relevant information from the agreement of sale
17 The checklist in the transfer file, deeds office print-outs and deeds searches
18 The Financial Intelligence Centre Act and its implications for conveyancing transactions
19 Phase 2: Communicating with the role-players at the outset of the transfer
20 The legal nature of clients: Ability of natural persons and legal persons to contract and perform juristic acts
21 Marriage law and conveyancing: An overview
22 Marriage in community of property
23 Introduction to entities
24 Companies
25 Close corporations
26 Trusts
27 Partnerships
28 Obtaining accurate information and reliable documents from clients: An introduction
29 Information and documents required from natural persons
30 Information and documents required from companies, close corporations, trusts and partnerships
31 Phase 3: Collecting information and documents, monitoring and reporting
32 Phase 4: Drafting and signing of transfer documents
33 Phase 5: Managing the finances in the transfer file
34 Phase 6: Transfer duty and VAT; obtaining a transfer duty receipt or exemption certificate from SARS
35 Phase 7: Rates/levy clearance, HOA consent and compliance certificates
36 Phases 8, 9 & 10: Preparing for lodgment, lodgment and registration

MORTGAGE BONDS
37 Introduction to mortgage bonds
38 Different types of mortgage bonds: Context and categories explained
39 Steps in the mortgage bond registration process: Phases 1, 2 and 3
40 Steps in the process of bond registration: Phase 4 Ð drafting of bond documents
41 The final steps in the bond registration process: Phases 5 to 10 - Finances, preparing for lodgment, lodgment, registration and winding up the file

MORTGAGE BOND CANCELLATIONS
42 Cancellation of mortgage bonds

CONSUMER PROTECTION
43 Consumer Protection Act

CONSUMER CREDIT
44 Brief summary of the National Credit Act from a conveyancing perspective

JOINT ESTATES
45 Section 45 endorsements and Section 57 substitutions

Precedents
Annexures
Index

The Law of Persons in South Africa, Third Edition, offers a rigorous, clear and accessible introduction to the general principles of the law of persons, including principles of customary law.

This third edition text is thoroughly revised and updated to address the developments in customary law, case law, and amendments to relevant legislation, that have occurred since the publication of the previous edition of this work. Additionally, The Law of Persons in South Africa, Third Edition, offers a conceptual and enquiring approach that supports independent critical and reflective engagement with the subject matter.

Various elements underpin the text's supportive approach, including critical and reflective discussions, numerous diagrams that enable readers to quickly comprehend complex concepts, explanations of legal terminology, and concise chapter summaries.