Summary LPL4804 - Conveyancing Conveyancing_summaries 2021

LPL – 4804 – SUMMARIES S/U 1 – P 1 –OVERVIEW OF THE SOUTH AFRICAN LAND REGISTRATION SYSTEM 1. Differentiate between the positive and negative deeds registration systems. A. A positive system implies the following: a. The State guarantees to 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. b. The State examines/investigates documentation and transactions for legality. c. The State completes and maintains a register of title. d. Register of title is linked to a cadastral system of maps and diagrams. e. Transfer takes place when the register of title is annotated and any deeds are merely endorsed. f. 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. g. Linking of different transactions occurs h. The State guarantees the accuracy of the deed register and is liable for shortcomings. i. Such a deeds register is characterized by a high degree of state interference  (as for instance in the Torrens system, created by Sir Robert Torrens and which is still being used in New Zealand and in New South Wales, Australia) B. A negative system implies the following: a. The State gives no guarantees to bona fide third parties regarding the accuracy of the state deeds register. b. The State simply records deed submitted at face value. c. There is no examination of the deeds or investigation by the State prior to recording d. 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. e. There is usually no link to a cadastral system of maps and diagrams