S.L. 55.6 Art. 20Searches. Substituted: L.N. 157 of 2018.

(1) After the notary has examined the title:

(a) where the regulations specifically require the notary to mention any facts which result from the searches; or

(b) where the notary is of the opinion that the searches cannot be exhaustive in terms of these regulations and/ or the contract of engagement and/or the written agreement or declaration referred to in sub-regulation

(3) of regulation 3; or

(c) where he has reservations about the searches, he shall inform the transferee of his findings and his reservations and, where so required by these regulations, he shall advise the transferee on the available courses of action including the possibility of referring the transferee to take further independent legal advice.

(2) For the purposes of sub-regulation (1), the notary may draw up a report in writing, which report shall be in two originals both signed and dated by him, one of which shall be given to the transferee and the other, which shall be countersigned by the transferee, shall be retained by the notary for five years from the date when it is so countersigned or, if consequent to the examination of title a notarial act is published in terms of article 84C(5) or (6) of the Act, from the date of its publication. The report shall be drawn up for the sole use of the transferee and his legal advisor and persons other than the transferee who rely on the report or use it shall have no right of action against the notary for any act or omission in the examination of title and the relative report, provided that the notary may give his consent in writing to any person other than the transferee to rely on the report or use it under such conditions as appear appropriate to the notary in his discretion.

(3) (a) Payment of the notary’s fee for the examination of title and for disbursements made in connection therewith shall be due and payable to him in terms of the Act, its Schedule, these regulations and, where applicable and subject to the foregoing provisions of this paragraph, in terms of the contract of engagement, notwithstanding that the final notarial act is not published for any reason.

(b) Until such time as the notary is paid the fee and disbursements referred to in paragraph (a), he shall not be obliged to submit his findings and/or reservations in terms of sub-regulation (1) or the report mentioned in sub-regulation (2), as the case may be, to the transferee.