SEQUESTRATING AFTER EXECUTION SALE: CAN PURCHASER DEMAND TRANSFER?
Our STBB Property Law Update Issue 11 reported on the recent South Gauteng High Court Ruling of Edkins v Registrar of Deeds Johannesburg and Others in terms of which it was ruled that the Sheriff may effect transfer even though the debtor, subsequent to the execution sale but before the transfer, published a notice to surrender his estate.
Deeds Registries and Courts have previously required transfer from the debtor’s trustee which in most cases delayed the transfer significantly.
Here's the full summary of the judgment.
The Cape Town Deeds Office requires, as a result of the above decision, an affidavit from the Sheriff confirming that the Sheriff was unaware of the sequestration or a notice to surrender that was published by the Debtor, at the time of the sale in execution.
A Deeds Office Circular to this effect will be issued in due course.
