A Grant Deed is a crucial legal instrument in South African property law, used to formally transfer ownership of real property from one party to another. This document type is essential in both residential and commercial property transactions, requiring careful preparation and execution according to the Deeds Registries Act 47 of 1937 and related legislation. The Grant Deed must include specific details about the property, parties involved, and any conditions or restrictions affecting the property. It serves as conclusive proof of ownership once registered at the Deeds Office and forms part of the public record. The document's preparation typically requires the expertise of a qualified conveyancing attorney to ensure compliance with South African legal requirements and to facilitate proper registration.
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1. Property Description: Detailed description of the property being transferred, including erf number, township, registration division, province, and extent
2. Transferor Details: Full names, registration/identity numbers, and marital status of the person(s) or entity transferring the property
3. Transferee Details: Full names, registration/identity numbers, and marital status of the person(s) or entity receiving the property
4. Consideration: Statement of the purchase price or other consideration for the transfer
5. Transfer Declaration: The operative clause declaring the transfer of ownership from transferor to transferee
6. Title Deed Reference: Reference to the previous title deed number under which the property was held
7. Execution Clause: Space for signatures, with provision for witnesses and date of execution
1. Conditions of Title: Any existing conditions or restrictions that run with the property, used when there are specific limitations on property use
2. Servitudes: Description of any registered servitudes affecting the property, included when applicable
3. Special Conditions: Any special conditions attached to the transfer, used when there are specific agreements between parties
4. Marriage Details: Details of marriage regime if parties are married, required for natural persons who are married
5. Power of Attorney: Reference to power of attorney if the deed is signed by an authorized representative
6. Mineral Rights: Statement regarding mineral rights if these are specifically included or excluded in the transfer
1. Property Survey Diagram: Official diagram showing the dimensions and boundaries of the property
2. General Plan: If the property is in a township or development, the relevant general plan extract
3. Consolidation Diagram: If the property is a consolidated property, the approved consolidation diagram
4. Sectional Plan: For sectional title properties, the approved sectional plan showing the unit
5. Zoning Certificate: Certificate showing the current zoning and permitted uses of the property
6. Municipal Clearance Certificate: Proof that all municipal rates and taxes are paid up to date
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