The deeds office is a vastly complex and daunting system to master. It takes conveyancers
years to fully understand not only the process of conveyancing but also the internal workings of
the office. This is a brief overview of the process we as conveyancers follow when we arrive at
lodgement and beyond.
Step 0: Instruction
Conveyancers, from the time of receiving the instruction to the time of lodgement, are simply preparing
everything that needs to be lodged in the Deeds Office. Rates clearance certificates, powers of
Attorney, Transfer Duty receipts and more, correcting incorrect information, and dealing with lost
title deeds – all of these are requirements to lodge a matter and transfer a property in the Deeds
Office. A lot of work goes into making sure every step is followed properly so that, when it
comes to the deeds office, delays are minimized.
Step 1: Lodgement
Once everything is ready, the transfer documents are “Lodged”. Every component of a transfer
must be lodged at the same time. A simple cash transaction with no existing bond over the
Property is the easiest – it is only one file handed in. If a bond is being registered over the
property, the bond registration file is handed in simultaneously with a transfer file (we call these
linked files “simuls”). There are thus two files in one batch. If we have an existing bond over the
property, it must be canceled, and a bond cancellation file will be lodged in that same batch. We
therefore can have a batch of three files for an ordinary transaction (Transfer, Bond Registration,
Bond Cancellation) and it is not uncommon for batches of tens of files for multiple linked
transfers, bonds, and bond cancellations.
Here is where a potential delay occurs. Each “simul” can be attended to by different Attorneys.
Attorney A will do the Transfer, Attorney B will do the Bond Registration, and Attorney C will do
the Bond Cancellation. If one of these Attorneys is not ready with their matter, it will delay the
other Attorneys. Thus, dealing with a Conveyancer who is specialized in all three areas and has
been instructed to attend to all three can speed up the process, as matters can be attended to
internally rather than having to liaise with other Attorneys via correspondence.
Lodgement entails simply handing the entire batch of documents in as one batch to the
Lodgement Counter. This is done in the morning. A lodgement clerk will capture the day’s
lodgements onto the Deeds Office Tracking System or DOTS so that the entire batch can be
tracked on its journey through the many different parts of the Deeds Office. All these files can
then be tracked with barcodes. The batches will then be divided up and randomly assigned to
examiners – the next stage.

Distribution
Distribution is where the batches are sent back to after every step. So, after lodgement, the
batch moves to distribution, who then gives it to Examiner 1, who gives it back to distribution,
who gives it to Examiner 2, who gives it back to distribution, who gives it to Examiner 3…
etcetera. Thus, in this process, distribution is a “half step” between all of the below.
Distribution is unfortunately the source of many delays in the whole process. Distribution has a
quota that prevents them from processing more batches in a given day.
Step 2: Junior Examiner (Level 1)
The files are then given to Junior examiners who then examine the entire batch with a fine-
toothed comb looking for any errors or problems with the documents lodged. Examiners are
skilled at picking up the minutest of mistakes. If an error is found, the examiner will then Reject
the file, which unfortunately means the entire batch is rejected. Each examiner has their own
office in the various floors where they sit and, quite literally, examine documents.
Step 3: Senior Examiner (Level 2)
Once the junior examiner has completed their examination, the batch will move to a senior
examiner who will cross-check the batch. Senior examiners are even more experienced at
finding mistakes.
Step 4: Assistant registrar (Level 3)
The final level of examination is that of an assistant registrar. These examiners are even more
senior and experienced than the Juniors and Seniors. They also have the privilege of sitting in
the execution hall to execute deeds.
Step 5: Preparation or Prep
The batch is given back to the relevant Attorney who must then attend to any notes or queries
raised. If there are no notes or queries, then the batch is ready to be handed in for Execution.
Examiners will leave “prep notes” which is a request by an examiner to the conveyancer to
make small amendments that don’t warrant a rejection. For instance, a recent requirement is for
all conveyancers listed on the Power of Attorney to have their Legal Practice Council numbers
filled in. Since this is a relatively new requirement, the examiners will not reject a deed for
omitting it, but will instead leave a prep note that requests them to fill it in.
Aside from prep notes, the Attorney must make sure they are ready to proceed. This usually
means making sure all financials are in place and that there is no other reason to hold off on
registering the matter. If every Attorney in the batch is ready to “proceed” then the batch is
handed back in for execution. However, it can and does happen that one Attorney in the batch is
not ready and can hold the others up.
Attorneys also do not have as much time as they would like to wait to hand in for execution –
the Deeds Office will stamp a date onto that batch that reads “must be registered by” and this
date will only be 5 business days after being handed back to the conveyancer. If we do not
register by this day, the batch automatically rejects.
Corrective maintenance
When a rejection does occur the does not go to Prep but rather goes to the Attorney’s delivery
box with a big “R” placed on it. It is up to the Attorney to pick up the rejections, take them back
to the Firm, correct the reason the deed was rejected and re-lodge the batch. That means, if the
batch is rejected, we start from step one, going back to lodgement, distribution, Level 1,
etcetera.
There is a way to get a rejected deed back into the system as soon as it is rejected, however in
Pretoria, the only time a registrar will grant corrective maintenance is when they, as the
examiners/deeds office, have made a mistake and it is brought to their attention. For instance, if
they were to reject a deed on the basis that the parties’ marital status was incorrect, but it was in
fact correct on the documents, then we can ask for corrective maintenance.
Black Booking
Black Booking is the name given to a process that allows us as conveyancers to register a
batch the exact same day we get it back from prep. We first must have a very good reason to do
it as permission must be granted by someone with authority to do so. The Deeds Office is
extremely strict with granting permission, so the procedure isn’t abused. Example reasons may
include the expiry of Rates Clearance Certificates the next day.
The Deeds Office will not grant you Black Booking for reasons such as your Seller/Purchaser
urgently needing to move out/in, financial emergencies or even if you are going to miss your
“Must be registered by” date because another Conveyancer delayed you.
Step 6: Execution
Once handed into execution, the deeds lie for one day and are then “thrown out” to be
executed the next morning. They are placed, nice and gently, into the relevant
execution box for the Firm instead of being thrown. Execution happens, usually, from the hours
of 9:30 AM to 11 AM. The conveyancer will pick these up and take them to the Execution Hall
where they sit and face the Registrar and Assistant Registrars, after which they will then sign
the deed of transfer (execute). They hand these in for the Registrar or Assistants to countersign
(register). Once the signature of the Registrar or assistants is affixed, by law, that Property has
been transferred to the Purchasers and registration is complete.
Step 7: Admin work and Closing file
From this point on, Purchasers are legal owners of the Property and (in principle) can move in.
Banks will be informed of the registration if there is a bond involved – the old Bond will be
canceled and the new bond registered. Banks will pay out monies due in terms of the Bond to
the Attorneys. Attorneys will do the final accounting and pay out the Sellers (as well as the Estate
Agent’s Commission).
Even though it would seem that we have done everything we need to, there is still some admin
left for the deeds office. This includes updating records and scanning all documents onto
microfilm for record keeping.
Written by: Sean Wynne, Director, Conveyancer and Notary at LMW
Incorporated.
Email: sean@lmw.co.za
Contact: 073 763 3020
This article is a general information sheet and should not be used or relied on as legal or other
professional advice. No liability can be accepted for any errors or omissions nor for any loss or
damage arising from reliance upon any information herein. Always contact your legal adviser for
specific and detailed advice. Errors and omissions excepted (E&OE)