The Property Transfer Process: Who Chooses the Conveyancer and When Do You Become the Owner?

Once an Offer to Purchase has been signed, buyers and sellers often assume that the biggest part of the property transaction is complete.
Legally, however, there is still an important process ahead.
The property must be transferred from the seller to the purchaser and the change of ownership registered in the Deeds Registry. South Africa’s deeds registration system maintains the official record of registered property ownership.

What does a conveyancer do?

A conveyancer is an attorney who is qualified to attend to the legal transfer and registration of immovable property.
The conveyancer prepares and manages the documents required to transfer the property from the seller to the purchaser and attends to the registration process through the Deeds Registry.
South African government information confirms that deeds and documents relating to the registration of rights in land are prepared and lodged by conveyancers or notaries and examined as part of the deeds registration process.

Who chooses the conveyancer?

In an ordinary property sale in South Africa, the seller generally has the right to nominate the transferring conveyancer.
This sometimes surprises purchasers because the purchaser ordinarily pays the transfer costs.
The reason for the seller’s right to appoint the transferring conveyancer arises from the seller’s obligation to pass transfer of the property. South African conveyancing guidance confirms this longstanding position.
However, this is not an absolute rule that can never be changed.
The parties can agree otherwise as part of the sale agreement. A purchaser may, for example, propose a particular conveyancer, but this would need to be agreed to by the seller.

Is the transferring conveyancer the only attorney involved?

Not necessarily.
A property transaction involving mortgage bonds may involve several conveyancing attorneys performing different functions.
These can include:

• the transferring conveyancer, who attends to transfer of the property from seller to purchaser;
• a bond cancellation attorney, appointed in connection with cancellation of the seller’s existing mortgage bond, where applicable; and
• a bond registration attorney, appointed to register the purchaser’s new mortgage bond, where the purchase is being financed by a bank.

These different processes need to be coordinated so that the relevant transactions can be registered together where necessary.

What happens during the property transfer process?

Every transaction is different, but a typical transfer can involve the conveyancer:

• receiving and reviewing the signed sale agreement;
• confirming that applicable suspensive conditions have been fulfilled;
• obtaining information and documentation from the seller and purchaser;
• preparing the transfer documents;
• dealing with transfer duty or the applicable exemption;
• obtaining the necessary municipal rates clearance documentation;
• dealing with levy requirements where applicable;
• arranging signature of the required transfer documents;
• coordinating with bond and bond cancellation attorneys where applicable; and
• arranging for the deeds to be lodged for registration.

The precise process depends on the property and the terms of the transaction.

Does signing the Offer to Purchase make you the owner?

No.
A signed Offer to Purchase may create a binding agreement between the seller and purchaser, but it does not itself transfer ownership of the property.
Transfer of ownership of land is effected through registration in the Deeds Registry.
This means there can be a period during which you have signed the agreement and are contractually committed to purchasing the property, but you are not yet its registered owner.

When do you actually become the owner?

The purchaser becomes the registered owner when transfer is registered in the Deeds Registry.
Government guidance confirms that the purchaser legally owns the property when the Registrar of Deeds signs the transfer. The title deed then provides registered proof of ownership.
So:
Signing the sale agreement ≠ transfer of ownership.
Registration of transfer = registered ownership passes to the purchaser.

What happens on registration?

On registration, ownership passes from the seller to the purchaser.
Where the transaction is linked to mortgage bonds, the purchaser’s new mortgage bond may be registered and the seller’s existing bond cancelled as part of the coordinated registration process.
The registered property information is then reflected in South Africa’s deeds registration system, which records matters including the registered owner and registration details.

Is the transfer process becoming electronic?

Yes. South Africa is currently transitioning towards an Electronic Deeds Registration System (eDRS).
The system was launched in April 2025, with government indicating that electronic registration will progressively replace the traditional manual process. During the transition, a dual system allows both manual and electronic processes while implementation continues.
This doesn’t change the central legal point for buyers: ownership still depends on the registration of transfer, rather than simply signing the sale agreement.

Buying or selling property?

The property transfer process involves several legal, financial and administrative steps before ownership can pass from seller to purchaser.
DMF Attorneys assists buyers and sellers with property transfers, conveyancing, mortgage bonds and related property-law matters.

Contact DMF Attorneys for assistance with your property transaction.