Transfer of Land

Question 1

How do you transfer heritable corporeal property?

Answer 1

There must be execution and delivery of the disposition and registration of it to the Land Register.

The moment of transfer is the registration.
LRA 2012 s 50(2)

Question 2

What does the 2012 Land Registration Act say on the transfer of land.

Answer 2

Sec 50 - (1) a disposition of land may be registered (2) registration of a valid disposition transfers ownership (3) an unregistered disposition does not transfer ownership

Question 3

What is the contract for the sale of land called?

Answer 3

Missive of sale

Question 4

How do you create a contract for the sale of land.

Answer 4

buyer submits a written offer which is subscribed.
Offer is received and they are given a qualified acceptance. They buyer then sends an acceptance letter. At this point the contract is bound.

Question 5

What is a qualified acceptance?

Answer 5

Rejection of original terms, a new offer

Question 6

What are the title deeds for a property?

Answer 6

a series of documents which prove the ownership of a property and the history of its ownership

Question 7

Can registration be done electronically.

Answer 7

It can but rarely is.
An electronic disposition called ‘automatic registration title to land’

Question 8

What are the three stages for the sale of land?

Answer 8

1. Conclusion of contact. Offer- qualified acceptance- final acceptance
2. Delivery of disposition. Seller’s solicitor sends buyer disposition and relevant document. Buyer sends money
3. Registration of disposition
   Buyer registers the disputation in the land register and becomes owner.

Question 9

At what point does the buyer become owner during a sale of land?

Answer 9

When the buyer registers the disposition in the land register and becomes owner