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The contract of sale, as it is known in South Africa today, derives its origins from the Roman consensual contract of emptio venditio.In D 18.1 (the title devoted to the contract of emptio venditio), there is no all-embracing definition of the special contract, but certain critical features can be extracted from the early fragments of the title:
Under both, the lessee may claim registration against the title deeds only if the lease is in writing, and only if there is a title deed against which it can be registered. As the RHA applies, inter alia , to huts and shacks, there will in practice be many instances of dwellings on land for which there is no title deed, but this is not the ...
The common-law principle of "riparian ownership" dominated the South African water dispensation until 1998. Unlike so much of South African common law (and indeed most of the South African common law relating to water), the principle did not originate in the Netherlands; it developed with reference to English law. The twofold foundations of ...
A different document called a deed is used to convey real estate. In a real estate contract, the type of deed to be used to convey the real estate may be specified, such as a warranty deed or a quitclaim deed. If a deed type is not specifically mentioned, "marketable title" may be specified, implying a warranty deed should be provided.
By Wendell Roelf CAPE TOWN (Reuters) - South Africa's Treasury plans to speed up the transfer of ownership of homes worth 180 billion rand ($15 billion) to about one million poor people from April ...
The South African Registrar of Deeds is responsible for the national system of deeds offices which, through a juristic foundation and long-standing practices and procedures, has the effect of “guaranteeing” title. [2] The Deeds Registries Act and Sectional Titles Act are applied to regulate the deeds registry system, and form the foundation ...
The department has responsibility for agriculture, food safety, food security, land reform, topographic mapping, cadastral survey, the Deeds Offices, and spatial planning. The political head of the department is the Minister of Agriculture, Land Reform and Rural Development, who is assisted by two deputy ministers. [1]
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