oa Comparative and International Law Journal of Southern Africa - A comparison between some aspects of South African deeds registration and the German registration system



Although registration of deeds was generally adopted in our law through historical development derived mainly from the Germanic common law, this does not mean that no adjustments can be made to the present cumbersome system of deeds registration. A short printed facsimile with enough space for the personal particulars of the transferor and transferee and the descriptionption of the property ought to be as functional as the present version with its continuous repetition of archaic terms like "whereas", "the said Appearer declared that" and "be it hereby made known" to mention a few of the quaint expressions with which the South African deeds documents are interspersed. Furthermore, in such a document it is possible to refer briefly to servitudes and conditions already registered and which remain unchanged, with reference only to the deed in which such servitude or condition was originally created and set out. This will prevent cumbersome descriptionptions being repeated in deed after deed and ought to reduce the size of deeds of transfer considerably.


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