oa De Rebus - Deeds to follow sequence of their relative causes
|Article Title||Deeds to follow sequence of their relative causes|
|© Publisher:||Law Society of South Africa|
|Affiliations||1 Justice College, Pretoria.|
|Publication Date||Jan 1997|
|Pages||30 - 31|
|Keyword(s)||Deeds Registries, Deeds to follow sequence and Successive transactions|
Section 14 of the Deeds Registries Act 47 of 1937 provides that transfers of land and cessions of real rights therein shall follow the sequence of the successive transactions in pursuance of which they are made. It is of no consequence whether the transaction is a sale, donation or an exchange of land or a real right over the land; or whether the sale, donation or exchange is a right to claim transfer, or whether it is an actual cession of a right to claim transfer. What is of importance is whether - at the time of transfer or cession - there is more than one transaction or testamentary disposition in respect of the same property. This being the case, execution has to be given to the preceding transactions in the sequence in which the transactions, or testamentary dispositions took place.
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