LPL4804
NOTES
,Overview of the South African Land Registration System
Difference between Positive and Negative Deeds Registration Systems
A. Positive Deeds Registration System
A positive deeds registration system is characterised by a high level of state
involvement and assurance. Under this system:
The State guarantees the correctness of the information contained in the
deeds register to bona fide third parties.
All documents and transactions are thoroughly examined by the State to
ensure legality before registration.
The State maintains a register of title, which serves as conclusive proof of
ownership.
The title register is closely linked to an accurate cadastral system consisting of
approved maps and diagrams.
Ownership changes occur when the register itself is updated, rather than
through the execution of a new deed.
As a result, new deeds are not required for every transaction; instead, the
register is endorsed or amended.
Interrelated transactions are automatically linked in the register.
Because the State guarantees the accuracy of the register, it can be held liable
for errors or omissions.
This system involves extensive state control and oversight, as seen in the
Torrens system, which operates in countries such as New Zealand and parts of
Australia.
,B. Negative Deeds Registration System
A negative deeds registration system involves limited state responsibility and places
greater risk on private parties. Its key features include:
The State does not guarantee the accuracy of the deeds register to third
parties.
Documents are recorded as submitted, without the State confirming their legal
validity.
There is no substantive investigation of deeds by the State prior to
registration.
Transfer of ownership occurs through the execution of a new deed, not merely
by updating the register.
Each transaction therefore requires a new deed of transfer.
The system is generally not fully integrated with a cadastral mapping
system.
Third parties cannot rely completely on the register, as it may be incomplete or
incorrect.
The State bears no responsibility or liability for inaccuracies in the register.
State involvement is minimal, as illustrated by systems such as that used in the
Netherlands.
South Africa’s Position
South Africa follows a negative deeds registration system, meaning that the deeds
register provides prima facie proof of ownership, but ownership itself depends on the
validity of the underlying transaction, not the register alone.
, lOMoARcPSD|18222662
LPL4804 Notes
Conveyancing (University of South Africa)
Scan to open on Studocu
Studocu is not sponsored or endorsed by any college or university
Downloaded by Thomas Mboya ()
NOTES
,Overview of the South African Land Registration System
Difference between Positive and Negative Deeds Registration Systems
A. Positive Deeds Registration System
A positive deeds registration system is characterised by a high level of state
involvement and assurance. Under this system:
The State guarantees the correctness of the information contained in the
deeds register to bona fide third parties.
All documents and transactions are thoroughly examined by the State to
ensure legality before registration.
The State maintains a register of title, which serves as conclusive proof of
ownership.
The title register is closely linked to an accurate cadastral system consisting of
approved maps and diagrams.
Ownership changes occur when the register itself is updated, rather than
through the execution of a new deed.
As a result, new deeds are not required for every transaction; instead, the
register is endorsed or amended.
Interrelated transactions are automatically linked in the register.
Because the State guarantees the accuracy of the register, it can be held liable
for errors or omissions.
This system involves extensive state control and oversight, as seen in the
Torrens system, which operates in countries such as New Zealand and parts of
Australia.
,B. Negative Deeds Registration System
A negative deeds registration system involves limited state responsibility and places
greater risk on private parties. Its key features include:
The State does not guarantee the accuracy of the deeds register to third
parties.
Documents are recorded as submitted, without the State confirming their legal
validity.
There is no substantive investigation of deeds by the State prior to
registration.
Transfer of ownership occurs through the execution of a new deed, not merely
by updating the register.
Each transaction therefore requires a new deed of transfer.
The system is generally not fully integrated with a cadastral mapping
system.
Third parties cannot rely completely on the register, as it may be incomplete or
incorrect.
The State bears no responsibility or liability for inaccuracies in the register.
State involvement is minimal, as illustrated by systems such as that used in the
Netherlands.
South Africa’s Position
South Africa follows a negative deeds registration system, meaning that the deeds
register provides prima facie proof of ownership, but ownership itself depends on the
validity of the underlying transaction, not the register alone.
, lOMoARcPSD|18222662
LPL4804 Notes
Conveyancing (University of South Africa)
Scan to open on Studocu
Studocu is not sponsored or endorsed by any college or university
Downloaded by Thomas Mboya ()
