NOTARY SERVICES

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Julies Attorneys Inc. is a full-service boutique law firm with offices in Johannesburg and Cape Town.

NOTARY LAWYERS IN JOHANNESBURG AND CAPE TOWN

– Registration of servitudes, notarial deeds and more –

NOTARIAL BONDS

Notarial Bonds are attested by the notary and registered over movable property in order to secure the obligation of a debtor (the mortgagor) towards a creditor (the mortgagee), for example, the repayment of money lent. It is accessory to an obligation, and unless there is an original or principal obligation (debt) there can be no mortgage or hypothecation. The bond enables the mortgagee, to sell the mortgaged property and to use the proceeds thereof, should the mortgagor fails to repay the money lent.

Various notarial bonds can be registered, and this includes:

Ordinary notarial bond
Notarial covering bond
Collateral notarial bond
Notarial surety bond
Notarial indemnity bond
Notarial debenture bond
Notarial proof of an inheritance due to a child

SERVITUDES

Notaries can register personal servitudes in favour of a person. A notary can also register praedial servitudes in favour of land or burdening land.

A personal servitude is a real right granting the holder thereof, the right to do something on someone else’s property, or to prevent a landowner from exercising some or other ordinary power as the owner thereon.

Common personal servitudes are:

use (usus)
usufruct
occupancy (habitatio)
a right of way
the right to trade
lease agreements
bonds in favour of a specific person(s)
notarial tie agreements.

A praedial servitude, on the other hand, is a servitude held by one property over another property. At least two properties are concerned if you work with praedial servitudes namely a dominant and a servient property.

There are various types of praedial servitudes, and it includes:

a right of way
a right of encroachment
a parking servitude
a right of aqueduct
a right of conduction of electricity
a right to lead away refuse, sewerage and rain water
servitudes of restrictions on the type, height and format of buildings to be erected on servient properties.

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NOTARIAL DEEDS FOR SECTIONAL TITLES PROPERTIES

The notary is involved in sectional titles matters, as it might be required that certain servitudes should be registered before or simultaneously with the opening of the sectional titles building (for example an apartment building).

Once a sectional titles building has been opened, then various other real rights or transactions may be registered over the sections, the exclusive use areas and the common property, such as:

Servitudes over land comprising the sectional titles building/ scheme
Servitudes over and in favour of sectional title units
Servitudes over the common property
The cession of real rights of extension
The cession of exclusive use areas
Other acts in respect of exclusive use areas
The real right to extend the scheme
Extension of the time period for which the real right was reserved
Dealings with a real right of extension

NOTARIAL LEASE AGREEMENTS

A long-term lease is a lease agreement of land:

for a period of not less than 10 years; or
for the natural life of the lessee or any other person mentioned in the lease; or
which is renewable from time to time at the will of the lessee, indefinitely or for periods which, together with the first period amount in all to not less than 10 years.

In terms of section 102 of the Deeds Registries Act, “immovable property” includes a registered long-term lease. The maxim “huur gaat voor koop”, therefore applied to long-term leases as well.

A lease remains in force upon the death of the lessor. The lessor’s estate is simply substituted as the lessor. The owner of the land’s successors in title remains bound by an existing lease agreement in respect of the land for a period of up to 10 years.

NEED A NOTARIAL DEED?

CONTACT JULIES ATTORNEYS INC. FOR ADVICE ON NOTARIAL DEEDS.

Contact Julies Attorneys to register your notarial deed.

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