Application process: Consolidation of properties or land
The consolidation (combine, merge or join together) of two or more bordering properties can be done by appointing a professional town planner in order to lodge a consolidation application to the relevant Municipality. Town planners can advise property owners on the process to consolidate properties.
The properties should all be registered in the name of one person or a company, since a consolidation application cannot be approved when the properties are registered in different entities.
The Municipality will only consider a consolidation application favourably if the application is in line with the development policies and urban planning goals for the city. The application should also not negatively affect communities or surrounding property owners.
Consolidations and subdivisions of properties require cadastral surveys. When a consolidation application has been approved by the Council, the actual survey of the consolidated property has to be done by a registered Land Surveyor. The land surveyor should then submit his draft SG diagram (Surveyor General Diagram) to the SG Office for approval.
Upon approval of the consolidated SG diagram by the Surveyor General, the relevant Conveyancing Attorneys (Conveyancers) will assist the property owner to register the title to the subject consolidated property by means of a Certificate of Consolidated Title.
If a bond is registered over the properties that are being consolidated, the bondholder’s consent to the consolidation needs to be obtained. Should there be dissimilar bonds registered over each property respectively, the bonds needs to be cancelled. A new bond should then be registered over the consolidated property.
What is a notarial tie-agreement?
Property owners may find it necessary or be required to consolidate or notarially tie certain properties. It is necessary to understand the difference between these two processes and when they are applicable.
A notarial tie agreement is an act of registration in the Deeds Office whereby adjoining properties in the matching township or suburb are tied together. Notarially tied properties cannot be sold to third parties independently.
A Conveyancing Attorney can draft and register the notarial tie agreement against the title deeds of the subject properties.
When notarially tied properties are consolidated, the Deeds Office will endorse the certificate of consolidated title with regard to the lapsing of the tie condition, upon registration of the consolidation.
Consolidation process of Agricultural or farm land
An application for the consolidation of agricultural or farm land needs to be lodged to the Roads Authority, the Department of Agriculture, and the local Municipality.