Registration of Contracts

**apprepcen** · 28-Jun-11, 10:43 PM

I am trying to find out why some contracts like an anc has to be registered at the deeds office and others not. Does a contract that is registered at the deeds office carry more weight than one signed on the kitchen table and locked away in a safe? What kinds of contracts have to be registered?

Maybe legislation prescribes that a certain type of contract has to be registered, but what is the reasoning behind it?

Anyone here who can assist me? I will really appreciate it.

**apprepcen** · 29-Jun-11, 11:08 AM

Is there no-one who can help me with this?

**Dave A** · 29-Jun-11, 12:31 PM

You got me in the first sentence:

Originally Posted by apprepcen

I am trying to find out why some contracts like an anc has to be registered at the deeds office and others not.

I'm married under ANC and as far as I know that was notarised, not registered at the deeds office.

Anyhow, a little patience and I'm sure someone will clear it up.

**sterne.law@gmail.com** · 29-Jun-11, 08:13 PM

Certain things do need to be notarised by law and otehrs are optional.
Perhaps the best way to describe it is that the Notary office is, in essence, a public access entity. Notarised documents are then considered public knowledge, hence third parties cant cry foul, for want of a better description.
This does not mean that third parties do not have claims. Eg a ANC that is not registered does not mean that a third party can not claim from either spouse.

**sterne.law@gmail.com** · 29-Jun-11, 10:24 PM

Last part of my previous post not as clear as should be. In terms of an anc, if it is not notarised it is merely a form of contract between the 2 parties, ie husband and wife. Third parties are not bound, that is for all intents and purposes the marriage is in community of property. It is most unusual for the anc not to be registered.