Section 20: Transfer of immovable property
consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
20. Transfer of immovable property
(1) (a) Where a notary draws up a notarial deed containing provision for
the transfer of immovable property, the notary shall make known to the
parties to the deed the consequences to which they expose themselves if
the full purchase price or consideration or conditions giving rise to duty, are
not truly expressed and specified in the deed, and a clause shall be inserted
in the deed stating that the notary has made this requirement of the law
known to the parties.
(b) Where the deed does not contain such a clause, the RegistrarGeneral shall refuse to register it, until such a clause is added.
(2) (a) A clause shall be inserted in every such deed of sale to the effect
that the parties declare to the best of their knowledge and belief that the real
price or consideration represents the actual price and real value of the
property sold, or that such actual price and real value for the purpose of
registration is estimated at a certain sum.
N37 – 11 [Issue 9]
Notaries Act
(b) A declaration under paragraph (a) may be made by any of the
parties to the deed, by their agents or representatives, or by any other
interested party.
(c) The Registrar-General shall not register a deed of sale unless it
contains such a clause or such a clause is added.
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Questions this section answers
- Must the real price be stated in a property sale deed?
- Can the Registrar-General refuse to register a property deed missing the price clause?