Articles

Deed of Grant

Deed of grant – transfer of an unalienated land from state

  • The deed is lodged by the appropriate Minister under cover and not the conveyencers
  • Draft deed of grant are lodged together with supporting documents thereto
  • Receipting, distribution is done as usual including data capturing
  • Draft grants are dated and signed by – usually by the Permanent secretary of the Ministry of Local Government or any appointed officer
  • Examination of the deed is done
  • A round registered stamp is endorsed on the draft grants for the registrar to affix/her signature


Certificate of state title

  • States decides to alienate land from unallinated land and hold it under a title for one reason or another
  • Application is lodged  by the appropriate minister to the Registrar of Deeds requesting to hold a certain piece of land by by way of a state tile – that of local government for urban land and lands and agriculture for rural land
  • The application is accompanied by draft deeds prepared by the Civil Division
  • Receipting, distribution is done as usual including data capture
  • Documents are sent to the Surveyor General (SG) for deductions
  • SG sends back the documents to the Deeds Office through recording office where office copy is filed and client copy is sent for collection.

Certificate of registered title (CRT)

  • CRT in terms of Section 41 of Deeds Registries Act – subdivision of a property where owner retains ownership of subdivision
  • Registration fee is paid
  • The examination process follows that of the ordinary transfers

CRT in terms of section 34 of Deeds Registries Act – the property is jointly owned by two or more people and one of the co-owners wants to have his share under a separate deed or where a property jointly owned has its title deed lost.

  • Any co-owner of the property applies for a CRT
  • Process is the same as that of the ordinary transfers

CRT in terms of Section 35 of the Deeds Registries Act – An owner who has undivided shares in separate deeds but desires that they be held under one title deed can apply for issuance of a CRT

  • The processing is similar to processing of CRT in terms of Section 34.

CRT in terms of 36 of the Deeds Registries Act – person owning several properties under a single deed wishes to take one so that is held under a different deed.

  • Process is the same as processing of CRT in terms of Section 35

CRT in terms of Section 38 of the Deeds Registries Act – arises where there is need to replace deeds where both office and client’s copies are lost

  • Application lodged by the owner, accompanied by a diagram from the SG if deed has got a diagram
  • The Registrar advertises in the Government Gazzette and the local newspaper
  • The Registrar prepares the draft CRT.
  • Examining officer numbers and does cross writing on the document
  • Examiner endorses all encumbrances as existed on the lost deeds.


Certificate of consolidated title in terms of Section 40 (CCT) – an owner of two or more properties sharing boundaries held under different deeds may apply for the issue of a consolidated title, properties are merged together to create a new property

  • Conveyancers submit draft CCT, accompanied by consolidated diagrams, holding deeds of the properties to be consolidated and the diagram of the properties, and an application for the CCT
  • A permit to consolidate issued by relevant authorities to be attached
  • If the properties under consideration do not have diagrams, reference is made to the general plan filed in the office of the SG
  • Deduction fees are paid at the SG offices
  • An endorsement to the effect that a CCT has been issued in respect of all the properties to be consolidated is made on the Diagram deeds plus holding deeds of the properties to be consolidated.
  • After signing it follows the route of the processing of CRT in terms of Section 41 of the Deeds Registries Act

 

You are here: Home