Gert is a specialist Conveyancer based at our Illovo branch. He worked at the Pretoria Deeds Office from 1985 until 1989 and after becoming a Senior Examiner left to qualify as an Attorney and Conveyancer in 1992. As manager of our Gauteng Development Law Unit Gert focuses on the establishment of townships and all the conveyancing work required to initiate and complete developments, whether it may be an upmarket sectional title, cluster or housing development. He enjoys finding practical solutions to complicated conveyancing problems. Gert serves on the committee of the South African Affordable Residential Developers Association (SAARDA), a body representing the interests of developers and other stakeholders in the affordable housing development sector which necessitates regular collaboration with government and municipal officials.

The disposal of the stands by co-township owners in the same township

The registration of the portion of the township into the name of the new township co-owner.

When a portion of a township is sold and transferred into the name of the purchaser, the township suddenly has two township owners, firstly the new owner of this portion of the township and secondly the original township owner, as the owner of what is now the remaining extent of the township.

The description of the portion of the township in the Deed of Transfer.

The Deeds Office must then update its records to reflect the details of the new township owner for this portion of the township. This is important as the erven situate on this portion of the township, as depicted on the General Plan, can only be disposed of by this new township owner. However, the Deeds Office has no indication from the transfer documents which were lodged which erven are situate on this portion of the township, because the property description in the Deed of Transfer is silent on which erven are situate on that portion of the township:

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A certificate issued by the land surveyor.

The land surveyor who framed the diagram for the sold portion of the township must issue a certificate which provides the link between the erven on that portion of the township, and the General Plan for the township.

The information in this certificate is required by the Data Section at the Deeds Office to update its records to show that the erven, as listed in this certificate, can only be disposed of by the new township co-owner, as owner of that specific portion of the township, on which these stands are situate.

The updated records of the Deeds Office for the township with a new township co-owner.

The Deeds Office must ensure that a clear distinction is made in its records between the erven situate on the sold portion of the township, and the remaining extent of the township. This will ensure that there is no confusion as to which township owner may dispose of which erven in this township.

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