Summary LPL 4804 Conveyancing notes

UNIT 1 - OVERVIEW 1. Name and two types of land registration system. A positive system implies that:  The state guarantees bona fide third parties that the state register in the designated deeds registry is an authoritative record of the rights to clearly defined units of land.  The state examines/investigates documentation and transactions for legality.  The state completes and maintains a register of title  Register of title is linked to a cadastral (a system of records showing details of ownership) system of maps and diagrams.  Transfer takes place when the register of title is annotated and any deeds are merely endorsed.  From this it follows that new deeds are not necessary for each transaction as the main source of information is the deeds register which is merely annotated /updated.  Linking of different transactions occurs.  The state guarantees the accuracy of the deed register and is liable for shortcomings.  Such a deed register is characterized by a high degree of state interference. A negative system implies the following:  The state gives no guarantees to bona fide third parties regarding the accuracy of the state deeds register.  The state simply records deeds submitted at face value.  There is no examination of the deeds or investigation by the state prior to recording.  Transfer is effected in the new deed, not when the state deeds register is annotated/updated so a new deed must be executed for each transaction.  There is usually no link to a cadastral system of maps and diagrams.  Third parties cannot rely on the accuracy of the state records, which might give an inaccurate or incomplete picture.  The state incurs no liability for inaccurate or incomplete records.  Parties often guarantee their rights by taking out private insurance.  There is minimal state interference. 2. South Africa? South Africa is nominally negative but has some characteristics of a positive system as well. Positive:  State examines/investigates deeds  State completes and maintains register of title  State is linked to cadastral system of maps and diagrams.  Main source of information is the deeds register  Linking of transactions occurs  High level of state interference/intervention  State accepts liability in certain instances (sec. 99 provides that no act or omission by official in registrar’s office will render grn liable except if official acted mala fide or did not exercise reasonable care or diligence in execution of his duties) Negative:  Each transfer takes place in a new deed  State generally not liable – o