Other reasons for Transferring Property


Transfer arising from inheritance -This is a transfer of the property of a deceased person by a representative or executor of the deceased estate either in terms of a will or the laws of intestate succession (inheritance without a will)

Donation Transfer

Transfer arising from donation - This is a transfer of the property donated by one person (donor) to another (done) provided that the done has accepted the donation in writing.

Exchange Transfer

Transfer arising from Exchange -This is transfer of land ownership whereby two or more parties exchange their ownership over different pieces of land.

Rectification Transfer

Transfer arising from Rectification - This is a transfer of property back to the correct owner after being registered in error in another person’s name.

Dissolution of Partnership

Transfer arising from dissolution of a partnership - This is a transfer of a property belonging to a dissolved partnership to some or all the former partners.

Transfer Arising from Juristic Acts or Operation of Law


Transfer arising from divorce- This refers to a transfer of property in terms of a divorce order whereby property is transferred either to both or one of the divorced partners in terms of a Court Order.


Transfer arising from prescription- This refers to a transfer in terms of a court order whereby ownership is granted to one person due to their adverse occupation or possession of the property as if they owned it for a period of 30 years without interruption from its registered owner.

Marriage In Community of Property

Transfer by virtue of marriage in community of property-This transfer takes place by virtue of the fact that when two people marry each other in community of property each of them obtains an undivided half share in the property of the other without an actual deed of transfer.


Transfer in an insolvent estate - This transfer occurs in terms of the laws of insolvency whereby the property of an insolvent person (a person whose liabilities exceed his assets) is transferred by law to the trustee in his insolvent estate without an actual deed of transfer.


Transfer arising from restoration of property to a rehabilitated insolvent – This type of transfer occurs when a person who has been rehabilitated (cleared) from insolvency has his ownership in the land restored.

Legal Succession

Transfer arising from legal succession - This type of transfer occurs when one legal entity or public entity is dissolved and its property is passed on to its successor e.g. the assets of the South African Railways and Harbours were passed on to PRASA and Transnet respectively.


Transfer by virtue of expropriation - This transfer occurs where the state legally dispossesses a person of his land ownership for public purposes subject to payment of compensation and such land is registered in a particular state organ.

Sale in Execution

Sheriff transfer at Auction – this happens usually when there is a sale in exucution on the property by way of a warrant of execution.