What are the formalities for the execution of a valid Notorial Lease Agreement that can be registered against the title deed?
Province: Western Cape
Good day. This is an info request to assist you better. Please continue on this thread.Is this a residential lease agreement?
No it is a lease of Agricultural Land and will be for 20years.There are two leases contemplated in the one instance the land is a owned jointly by two individuals and the lesse is a private limited liability company,and in the other the landlord and the lessee are private companies.
1. The contract obviously needs to be in writing and must contain certain information. Since this contract is to be notarized, you might as well ask a notary to draw up the contract to make sure that it is in such a form that the Deeds Office will accept.Since we are dealing with Companies, there also needs to be a resolution from the Company that authorize the person who is going to sign on behalf of the company, to sign on behalf of the company. So, you will have to get that into place before going to the Notary.2. This contract must be signed by the parties in the presence of the Notary, where after the Notary must sign it and Notarize it with his seal. Only once this is done, can the document be presented to the Deeds Office for registration. 3. I know that you are probably trying to save a little bit of money to try and do this yourself, but where the Deeds Office is concerned, documents has to be in a specific form in order for them to accept this and for me to go on explaining to you what that particular form is, will not guarantee that you will get it right, with all due respect. My advise to you is, therefore, since this needs to be signed in front of a notary, who will not notarize the document unless it is drafted correctly, rather attend to the office of a notary and let him handle the whole thing. It is going to cost more, but in the end, it is going to be a lot less time consuming and frustrating.
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I am a practising lawyer and your advice is good,but does not answer the question.I simply want to know this:does a notarial lease have to be signed in front of witnesses or can the parties give someone else a Power Of Attorney (duly signed and witnessed) to go an execute a notarial lease on their behalf before a notary ?
You can use a power of attorney, similar to when you notarize an antenuptial agreement on behalf of clients in front of a notary. In that case, you will have to present to the Notary, the power of attorney (presumably that gives you authorization to sign on behalf of the company), the resolution in terms of which the power of attorney is extended to you as well as the decision to enter into the lease agreement by the company and a signed lease agreement that has been signed by the landlord and by yourself as the proxy of the company, unless, of course, the landlord is also going to sign in the presence of the Notary.
Last question: That signed lease agreement that you are reffering to:does it have to be signed in front of witnesses or just by landlord and tennant and then when the actual POA is acted on, that lease (same contents but "clean" document) is thaen signed in front of Notary and witnesses.The problem is purely a practical one-out there on the farm its just the two joint owners and no-one else,my client wants to know if he needs to drag witnesses along or not?Thanks
1. The source I am using state that the agreement needs to be attested by a Notary. Since you will be representing the parties and you will be signing in front of the Notary, the agreement that is sent to the Deeds Office for registration does not need to be witnessed by anybody else than the Notary. 2. I cannot find anything that says that the contract that the parties will sign, must be attested by witnesses. As you know, the signature of witnesses is basically just so that you can call someone when it is in dispute on who signed the agreement (unless the law or the contract requires that the document must be signed in front of witnesses). So, although it is advised that it be signed by witnesses, it does not seem to be a requirement. This contract, that your clients will sign, is basically just so that the Notary can satisfy himself that the parties did, in fact, agree to the terms of the contract that you he is about to Notarize.
L.LB, Civil and criminal litigation, contracts, labour and family law
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