Conveyancing and Notarial Services: What’s the Difference? | Barter McKellar

Clarifying the Role of Conveyancers and Notaries in Property Transfers and Bond Registration

When dealing with property transactions, you may encounter both conveyancers and notaries in South Africa. While both professionals play critical roles in legal processes, their responsibilities and areas of expertise differ significantly. Understanding the distinction between conveyancing and notarial services can help ensure smooth property transfers, secure bond registrations, and a hassle-free legal experience.

At Barter McKellar we provide expert conveyancing and notarial services to individuals and businesses throughout South Africa. This guide will clarify the differences between these two services, explaining when you might need a conveyancer and when a notary public is required.

What is Conveyancing?

Conveyancing refers to the legal process of transferring ownership of immovable property, such as land, houses, or commercial real estate, from one person or entity to another. A conveyancer is a specialized attorney responsible for overseeing and managing all legal aspects of property transactions, ensuring that the transfer is legally binding and properly registered.

Conveyancers in South Africa handle a variety of tasks related to property transactions, including:

Key Roles of a Conveyancer:

1. Drafting and Reviewing the Sale Agreement: Conveyancers draft the sale agreement, ensuring that all legal terms are clear and protect the interests of both the buyer and seller.

2. Lodging Documents at the Deeds Office: Once the sale agreement is signed, the conveyancer is responsible for preparing and lodging all necessary documentation at the Deeds Office to register the transfer of ownership.

3. Ensuring Payment of Transfer Costs: The conveyancer calculates and ensures the payment of transfer duty (a tax payable to the South African Revenue Service), as well as other property-related costs like municipal clearance certificates and rates.

4. Registration of Mortgage Bonds: If the buyer is financing the property through a bond, the conveyancer will assist in registering the bond with the bank and the Deeds Office.

5. Coordinating with All Parties: Conveyancers liaise between the buyer, seller, real estate agents, bond attorneys and other parties to ensure that the transaction progresses smoothly and efficiently.

When Do You Need a Conveyancer?

You’ll need a conveyancer for any legal process involving the transfer of property ownership, including:

• Purchasing a home or commercial property

• Selling a property

• Registering or canceling a mortgage bond

• Transferring property between family members (e.g. gifting a property)

• Subdividing land

In South Africa, only a qualified conveyancer, who is an attorney with additional training, can register property transfers and bonds at the Deeds Office.

What are Notarial Services?

Notarial services refer to the legal authentication, witnessing, and certification of certain documents by a notary public. A notary public is a specially qualified attorney who is authorized to notarize legal documents, ensuring their validity and legality. Notarial services are often required for documents that are used in international transactions or that require a higher level of legal certification.

Notaries in South Africa perform a variety of services, including:

Key Roles of a Notary Public:

1. Certifying and Notarizing Documents: Notaries authenticate and certify important documents, such as affidavits, wills, contracts, and powers of attorney. These notarized documents carry additional legal weight and are required in certain transactions, particularly those involving foreign entities.

2. Drafting and Notarizing Antenuptial Contracts (ANCs): In South Africa, if couples wish to get married out of community of property, they must sign an antenuptial contract, which needs to be drafted and notarized by a notary public and registered at the Deeds Office.

3. Notarial Bonds: A notarial bond is a type of security document that allows creditors to secure a loan against movable property, such as machinery or equipment. These bonds must be drafted and notarized by a notary public.

4. Authentication for International Use: Notaries verify documents for international use, such as legal contracts, company documents or personal certificates. These documents may also need to be apostilled or legalized for use in foreign countries.

5. Notarial Authentication of Property Documents: Some property-related documents, such as long-term leases (for periods exceeding 10 years) or sectional title deeds, may need to be notarized before being lodged with the Deeds Office.

When Do You Need a Notary Public?

You’ll need a notary public for a variety of legal processes that require document authentication or certification, including:

• Drafting and notarizing antenuptial contracts

• Registering notarial bonds for movable property

• Certifying documents for international use

• Notarizing legal agreements, powers of attorney, and affidavits

• Certifying copies of original documents for official purposes

• Notarizing long-term leases or sectional title documents

Key Differences Between Conveyancers and Notaries

Although both conveyancers and notary publics are specialized attorneys, their areas of focus and legal responsibilities differ significantly:

Conveyancer

• Handles the legal transfer of immovable property (land, homes, buildings)

• Registers property transfers at the Deeds Office

• Deals with property ownership transfers and bond registration

• Required for property purchases, sales, and subdivision of land

• Manages all aspects of property transactions, including calculating transfer duties and facilitating payments

Notary Public

• Handles the notarization of movable property bonds and legal documents

• Notarizes documents for domestic and international use

• Certifies affidavits, contracts, and powers of attorney

• Required for drafting and notarizing antenuptial contracts and notarial bonds

• Authenticates documents for foreign use and certifies official copies of documents

How Conveyancers and Notaries Work Together

In certain legal situations, you may need both a conveyancer and a notary public to ensure that your transaction or documentation is legally valid. For example:

• Antenuptial Contracts: A notary public will draft and notarize an antenuptial contract, while a conveyancer will assist with the property-related aspects of marriage, such as transferring property into the spouses’ joint names.

• Notarial Bonds: A notary public drafts and registers a notarial bond, while a conveyancer may be involved in registering any immovable property bonds as part of a larger transaction.

• International Property Transactions: If you’re buying or selling property that involves foreign entities, a notary public will handle the notarization of documents, while the conveyancer will manage the transfer of ownership.

Why Choose Barter McKellar for Conveyancing and Notarial Services?

At Barter McKellar, we offer expert conveyancing and notarial services tailored to meet your specific legal needs. Our experienced team of conveyancers and notary publics work together to ensure that your property transactions, document certifications and legal processes are handled efficiently and accurately.

Why Work with Us?

• Specialized Expertise: Our team consists of highly qualified conveyancers and notaries with years of experience in managing complex legal transactions.

• Comprehensive Services: We handle everything from property transfers and bond registrations to notarial certifications and document legalization, ensuring a seamless process.

• Client-Focused Approach: We provide personalized legal solutions, working closely with you to ensure that your property transactions and document certifications are completed without delays or legal complications.

Contact Us Today

Whether you’re buying property, registering a notarial bond, or need an important document notarized, trust the experts at Barter McKellar to guide you through the process. Contact us today to schedule a consultation and learn how we can assist with your conveyancing and notarial needs.