Rowan's question reads as follows:
Hi Allen I hope you can help me get clarity on a challenge I am faced with regards to a Notarial tie. I purchased a property on a sheriff auction in Feb 2013. This property was undergoing registration following payment and just prior to transfer it was identified that there was a Notarial tie to an adjacent piece of property. This was a botched Bond that was registered by ABSA Attorneys and that never included the Notarial Tied piece of land. When the property owner defaulted and the property was sold on Auction they did so leaving the original owner as the owner of the Notarial tied piece of property. The bank then attached this piece and sold it separately this year Feb 2014.
The title deeds stipulate that the properties may not be individually sold and there are now two owner's each of a property but these properties are Notarial tied to each other and neither of us can take transfer as the Deed stipulates they may not be individually transferred. I've tried to remove the Tie with the JHB Council and they say they cannot assist as the Tie was established by the Transvaal Union / related to a Road running through the property. As far as we can understand they linked this small piece of land through a Notarial Tie to the property I purchased as I don’t think they had planned such small properties in the area as it was all plots.
But now after reading your articles and comments I’m thinking that maybe we can transfer anyway as the properties can be individually owned? Different Owners In terms of RCR 17 of 1961 and confirmed by RCR 1 of 1966 the registrars of deeds resolved that it is possible to tie properties where such properties are held by different owners. It is thus not necessary that the properties being tied have to be owned by the same person. Given this information could I not use this to get the property transferred even if there are two individual owners ?
To which Allen responds as follows: