What Is A Notarial Tie Agreement
If an owner or owner wishing to commit his real estate must enter into a notarial agreement with the person responsible for the execution of such a notary tie contract, it is usually the local authority. Such an agreement will in fact say that from the date of registration, the real estate to be fixed will be treated for all purposes, as if they were a separate property and no separate transactions will be allowed. Such an agreement must be recorded in the register of deeds. Property owners may find it necessary or will be forced to consolidate or hire their property notarially. It is therefore necessary to understand the difference between the two procedures and to determine when they become applicable. When notarized assets are consolidated, the Clerk of The Documents will confirm, upon registration of the consolidation, the certificate of the consolidated title relating to the disguise of the tie condition. The executor of the notary tie agreement must agree to the consolidation and expiry of the tie contract. A tie agreement cannot be created as a stipulatio alteri, that is, in favour of .B a non-existent body at the time of the creation of the condition, because no one will accept the negative personal servitude required by the last omission in section 65 (1) of the act. If notarized real estate is located in areas of expertise served by different deeds, such as Johannesburg and Pretoria.B, a notarial activity comprising the two properties must be registered on the same day in each official register, i.e. a simultaneous registration must be made.
It is advisable to insist on the commitment of the real estate before registering the transfer in execution. Agreements on ties, which arise from voluntary tie agreements, are less in difficulty, especially in cases where the local authority is the enforcer of the tie agreement and that of the judge. On the other hand, those registered as conditions of subdivision by an authority within the meaning of a statute pose serious administrative problems and include proceedings outside the register of facts in which one of the real estate is declared enforceable by a court, subject to an agreement of commitment. The standard operating clauses of tie chords or conditions are drawn in the following directions: The problem most often discussed in this article occurs when a person`s house is composed of more than one erf, and only one of the Erven has had the house built on (the other is empty and is simply part of the garden that surrounds the house). It is appropriate here to distinguish between situations in which all the companies concerned are notarized, as opposed to those where they are not. In Pocock v De Olivieira et al  ZAGPHC 245, in para12, where the qualified judge found that all ancillary conditions of the agreement must also be included in the notarial deed. Under the Document Registration Act, certain documents must be prepared and authenticated by a notary, such as registration contracts.B.B, personal and pre-election facilities, long-term leases, the sale of leases and subleases, as well as terminations and decommissioning of long-term leases and notarized (general and special) obligations. The court of Pocock v De Olivieira e.a.  ZAGPHC 245, at Parade 12, where the qualified judge found that if the notarized certified property is in areas of jurisdiction that are built by different registers of deeds. For example.B. Johannesburg and Pretoria, a notarized activity covering both properties, must be registered on the same day in each register of deeds.
, i.e., simultaneous registration must take place when two surfaces are consolidated and the constituent elements are subject to a notarized tie agreement, the condition must be immortalized in the consolidated title certificate and the Registrar of Documents confirms the certificate relating to the consolidated title related to the expiry of the condition.