What is a s72 declaration?

Section 72 prescribes burdens which affect registered land without registration, which all registered land shall be subject to, that is the prescribed burdens that affect the land, whether those burdens are or are not registered. There is provision for the registration of a notice of existence of a Section 72 burden.

How do you prove good roots of title?

To be a good root of title, a document must satisfy each of the following requirements:

  1. It must deal with or show the ownership of the whole legal and equitable interest in the land in question.
  2. It must contain a recognisable description of the property.
  3. It must not contain anything that casts any doubt on the title.

How do you prove ownership of unregistered land?

In order to prove ownership of an unregistered property, you must show an unbroken chain of ownership for at least the past 15 years, evidenced through the production of the original title deeds and documents, which proves that the legal owner has good title.

What is family home declaration?

For example if you take out a mortgage your bank or building society will insist on a Family Home Declaration being signed by you before a Commissioner for Oaths. This is a sworn statement to clarify your marital status.

Can you sell a house with possessory title?

Can I sell land with a possessory title only? The shot answer is yes, you can, but it is never going to be as straightforward as selling a property with an absolute title. As the purchaser of a possessory title you need to be aware of the principle of “caveat emptor”, which applies in this case.

How many years is a good root of title?

Establishing the Root of Title First, it is necessary to establish the “root of title”. This means identifying a deed (such as a mortgage, transfer or conveyance) to use to commence the chain of ownership which will end with the current owner. The law says that a “good root” should be at least 15 years old.

What if land is not registered?

If the property is unregistered, no information will be held about the property, including who the owner of the land is. When it comes to unregistered land, the owner must demonstrate their ownership of the property through what is called a ‘root of title’.

Can an unregistered property be sold?

Without registration, a buyer has no legal right over the property so, one cannot sell it to anyone under the Transfer of Property Rights Act. Section 17 of the Registration Act, 1908, mandates that documents of immovable property need to be compulsorily registered.

Is my wife entitled to half my house?

It depends on who is named on the mortgage. This is called joint and several liability. You are both responsible and liable for paying the mortgage. That doesn’t mean you are both liable for half each though – if one person doesn’t pay their share, the other can still be held responsible for the whole mortgage.

Is it safe to buy a property with possessory title?

There is nothing wrong with a property only having a possessory title, as there are plenty of legitimate reasons why documents might be missing. For example, original deeds may have been destroyed by floods and fire, or even stolen.