Notarial Tie Agreement South Africa

Where two or more characteristics are related, the bondholder of a loan registered against one of the characteristics and which is the subject of the agreement must consent to the registration of the tie contract, free of obligation (see section 65, paragraph 3, of the law). In Pocock v De Olivieira et al [2006] ZAGPHC 245, in Para12, where the qualified judge found that if notarized real property is consolidated, the Clerk of the Documents will confirm, upon registration of the consolidation, the consolidated title certificate with respect to the insanity of the condition of commitment. The executor of the notary tie agreement must agree to the consolidation and expiry of the tie contract. Historically, registrars have registered notarized tie contracts that have personal servitude status and can be registered in accordance with Section 65 of the Deeds Register Act 47 of 1937. A notarized tie agreement may be terminated by a bilateral notarial agreement between the landowners and the executor within the meaning of section 68, paragraph 2 of the law, or unilaterally by the enforcer within the meaning of Section 68 (1) of the Act. On the other hand, the notarized commitment of two properties is made through a notarized tie agreement under Section 65 of the Act. A notarized tie agreement is signed in front of a notary by the owner (s) of the notary who is notarized and by the person who enforces the tie agreement. The executor could be the local authority, the bank or any individual or legal person who would benefit from the related real estate. The notarized tie contract is then filed and registered with the Registration Office. With respect to CPR 44 of 2010, it is not permitted to register a notarized lease and tie for a long-term lease and real estate, so that the property and lease cannot be treated separately.

Introduction of notary tie agreements are agreements listed in Section 3 (1)) (r) of the Deeds Registries Act 47 of 1937 as “… real rights, not explicitly mentioned…¬†and are concluded between the owners of related land and the party responsible for enforcing the condition of engagement on the other side. With respect to personal servitudes, it is not possible to identify the person for whom a personal servitude is registered, because conditions of fixation are imposed for the promotion of the property of the legislation, for example. B of the Agricultural Lands Subdivision Act 70 of 1970 (see section 4, paragraph 2, point a). The National Road and South African National Road Agency Limited Act 7 of 1998 (see section 49.3) and Roads and Ribbons Development Act 21 of 1940 (see section 11, paragraph 6) (a). In most years, tie agreements are established by the authorities as conditions of subdivision where the authorities are parties to the application of real rights (sui generis). As with all agreements prepared by a notary, there is no strict and quick rule for the exact text, but the following formulation merely serves as a common thread: “Let the owner of the above lands and the Tshwane City Council hereafter accept that these properties are bound together and considered a property for all purposes and intentions.” If notarized real estate is located in areas of expertise served by different registers. B deeds, for example Johannesburg and Pretoria, a notarial activity covering the two properties must be registered on the same day, i.e. in each register of deeds.