Conveyancing

Residential Conveyancing:
We assist individuals and families in all aspects of residential property transactions. We ensures that all legal aspects are thoroughly addressed, including deeds office searches, contract negotiations, and property registrations.

Lease Transactions:
We offer expert guidance in drafting and reviewing lease agreements for both residential and commercial properties. We ensure that your interests are protected, and all legal obligations are clearly outlined in the lease agreement.

Deeds office searches and Due Diligence:
We conducts comprehensive deeds office searches and due diligence investigations to identify any potential issues or encumbrances that may affect the property. This helps ensure a smooth and secure transaction for our clients. The process of transferring property frequently leaves buyers and sellers alike confused, frustrated and in the dark as to what exactly the sequence of events is to have a property transferred. The property regime in Namibia is quite sophisticated and with numerous stakeholders and role players impacted by a transaction, the actual process of transfer can become quite complex. Accordingly, it is important to understand the procedure and prepare oneself for the steps of the transfer process.

The transfer process can also involve multiple attorneys (transferring attorneys, bond cancellation attorneys, bond registration attorneys, etc.) These specialists play a crucial role in coordinating a speedy registration.

We make sure that our clients are guided through the process of transferring ownership of any immovable property, every step of the way. We feel it is vital for property owners to know and understand the property transfer and conveyancing process.

The transfer procedure can be summarized as follows:

The Deed of Sale
The transfer process will generally commence with the drafting of a Deed of Sale, which is signed by the Seller and the Purchaser. In the event that we have not draft the offer to purchase and/or deed of sale, a standard contract is used by the estate agent. It is the responsibility of the estate agent to explain the terms of the contract and ensure that the contract is validly concluded.

The Transferring attorney
The transferring attorney receives the instruction from the client or the estate agent to attend to the transfer. Generally, unless the parties agree otherwise the seller usually nominates the transferring attorney.

Upon receiving the instruction, we conduct a comprehensive Deeds Office Search to obtain the correct description of the registered owner and the property, as well as any restrictive conditions or servitudes attached thereto.

Due diligence investigations identify any potential issues or encumbrances that may affect the transfer of the property and the registration thereof in the Deeds Office. It may also be necessary to do a company search to verify the directors of a company who is a party to the contract.

In order to comply with FICA requirements, the following documents will be required from all the parties:
• Copies of identity documents;
• Proof of residence;
• Income TAX number or VAT registration number;
• Marriage certificates (in case of a marriage in community of property, also FICA documents for the spouse);
• Antenuptial agreement;
• Divorce orders;
• Bank account confirmation letter; and
• In the case of a close corporation or a company, the details of the directors, shareholders or members.
Additionally, the incorporation documents of the legal entity or the trust deed and trust letters of authority will also be required.

We will also request the original Title Deed from the seller, and where a bond is registered, the bond account number and details of the bond holder to request cancellation figures.

Drafting of Transfer Documents and signature thereof
We prepare the Transfer Documents for signature thereof by the seller and the purchaser. Once the purchase price was secured and our transfer costs are paid, we can attend to payment of the transfer duties at the Receiver of Revenue.

Bond Cancellation and Guarantees
If a bond is registered over the Property, we obtain the bond cancellation figures from the seller’s bank. If the purchaser is registering a Bond over the Property, a Guarantee is requested from the bond attorneys.

Building Compliance Certificate
We request the seller to provide us with a Building Compliance Certificate. The costs involved is usually for the seller’s account, unless otherwise agreed in writing by the parties.

Rates clearance certificates from the local authority
We request rate clearance certificates from the local authority and attend to payment thereof on date of registration of the property.

Other compliance certificates / waivers
Other certificates / waivers may be required to be obtained such as a waiver for the sale of agricultural land. The Deed of Sale should address which party is responsible for these certificates and who must carry the associated costs.

Levy Clearance Certificate from the managing agents/body corporate (sectional title)
This is required where the property is part of a sectional title scheme to verify that all outstanding levies in respect of the sectional title has been paid up to date. We request a clearance certificate from the Managing Agent of the Body Corporate and attend to payment thereof on the date of registration of the property.

Lodgement at the Deeds Office
Once the transfer documents have been signed, we will lodge the transaction at the Deeds Office. Once the documents are lodged, registration is usually expected to take place within 7 to 10 working days.

Preparation of the deeds in the Deeds Office
Once the transfer documents have been lodged, it will be checked by the examiners in order to ensure the correctness thereof. The conveyancers get an opportunity to correct any mistakes noted by the examiners. The deeds are then prepared for registration and execution, unless rejected by the examinator. This process of examination takes approximately 3 to 5 working days.

Registration of the deeds
The transaction registers at the Deeds Office.

Following registration
We advise all parties of the registration and attend to payment of the clearance certificates and estate agent’s commission. Once the aforesaid payments have been made, the remainder of the purchase price is paid to the seller.

Delivery of registration documents
Upon receipt of the documents from the Deeds Office, we send the title deeds to the bondholder/s for safekeeping. If it was a cash transaction, arrangements are made with the purchaser for delivery of the Title Deed.