Farm investigation summary: this farm
Mark each item as you receive the document: confirmed (seen), assumed (said, not seen) or missing.
Confirmed = document seen. Assumed = said, not seen. Missing = nobody can produce it. Not a risk score; your attorney reads the documents.
1. Title and legal status (0 confirmed, 0 assumed, 0 missing of 9)
Deeds Registries Act 47 of 1937; Subdivision of Agricultural Land Act 70 of 1970; Restitution of Land Rights Act 22 of 1994
| not marked | Latest title deed (from a current Deeds Office search) From Deeds Office; your attorney provides it. |
| not marked | Registered owner matches the seller on the Offer to Purchase From Deeds Office; your attorney provides it. |
| not marked | All mortgage bonds disclosed; bondholder consent obtained where the seller is selling From Deeds Office, the bank; the seller provides it. |
| not marked | All servitudes (right of way, water pipelines, power lines) identified on the diagram and deed From Deeds Office, Surveyor-General; your attorney provides it. |
| not marked | Restrictive conditions and conditions of title noted and understood From Deeds Office; your attorney provides it. |
| not marked | Land-claim status verified with DALRRD under the Restitution of Land Rights Act 22 of 1994 From Land Claims Commission (DALRRD); your attorney provides it. |
| not marked | Current zoning confirmed in writing from the local municipality (agricultural vs. other) From Municipality; you provides it. |
| not marked | Any prior subdivision under the Subdivision of Agricultural Land Act 70 of 1970 confirmed and registered From DALRRD, Deeds Office; your attorney provides it. |
| not marked | Mineral rights and any prospecting or mining right over the land (MPRDA 28 of 2002) disclosed From Department of Mineral Resources, the seller; the seller provides it. |
2. Water rights and entitlement (0 confirmed, 0 assumed, 0 missing of 7)
National Water Act 36 of 1998, section 25 (transfer); WARMS registration
| not marked | Category of water-use entitlement (Schedule 1, Existing Lawful Use, General Authorisation, or Water Use Licence) confirmed at the Department of Water and Sanitation From DWS (WARMS); the seller provides it. |
| not marked | Volume registered (cubic metres per annum) matches the area under irrigation From DWS (WARMS), the farm; a specialist provides it. |
| not marked | Point of abstraction, season of use and any conditions on the entitlement From DWS; the seller provides it. |
| not marked | Water entitlement is transferable with the property (section 25 of the National Water Act; the attorney confirms the route) From DWS, the attorney; your attorney provides it. |
| not marked | Water User Association membership and account standing (no outstanding charges or infrastructure levies) From Water User Association or scheme; the seller provides it. |
| not marked | On-farm water-pipeline servitudes and shared infrastructure identified From Deeds Office, the farm; the seller provides it. |
| not marked | Boreholes registered (where applicable) and yield-tested From DWS, a pump test; a specialist provides it. |
3. Land, soil and production potential (0 confirmed, 0 assumed, 0 missing of 8)
Conservation of Agricultural Resources Act 43 of 1983, regulations 10 and 11 (grazing capacity)
| not marked | Soil types and depth verified against soil maps and pit-test results From ARC soil maps, a soil laboratory; a specialist provides it. |
| not marked | Carrying capacity (large stock units per hectare) realistic for the district; the grazing capacity certificate or the provincial map value From DALRRD, the Act's map; you provides it. |
| not marked | Salinity testing (especially Lower Orange and other long-irrigated regions) From A soil laboratory; a specialist provides it. |
| not marked | Visible erosion, gullying, bush encroachment and degraded patches mapped From The farm (inspection); you provides it. |
| not marked | Grazing condition and historical stocking rate confirmed From The farm, the seller's records; the seller provides it. |
| not marked | Historical yields per hectare for the last three to five seasons From The seller's records; the seller provides it. |
| not marked | Permanent crops (vines, citrus, pecans, olives) age and condition assessed From The farm (inspection); a specialist provides it. |
| not marked | Boundaries and the Surveyor-General diagram match the fences and the camps From Surveyor-General, the farm; your attorney provides it. |
4. Infrastructure and movables (0 confirmed, 0 assumed, 0 missing of 8)
Electrical Installation Regulations (Certificate of Compliance)
| not marked | Homestead and outbuildings: condition, age, structural integrity From The farm (inspection); you provides it. |
| not marked | Boundary fencing walked in full and condition recorded From The farm (inspection); you provides it. |
| not marked | Stock or game fencing condition (heights, gauge, gates, repairs) From The farm (inspection); you provides it. |
| not marked | Internal roads, river crossings and access From The farm (inspection); you provides it. |
| not marked | Electrical supply capacity, connection agreement, three-phase or single-phase, and recent accounts From Eskom or the municipality; the seller provides it. |
| not marked | Pumps, motors, mainlines, filters, drip and pivot systems inspected with someone who knows irrigation From The farm (inspection); a specialist provides it. |
| not marked | Storage: sheds, silos, cold-rooms, packhouses, balancing dams From The farm (inspection); you provides it. |
| not marked | The list of movables, equipment and livestock included in the sale, with condition From The seller, the Offer to Purchase; the seller provides it. |
5. Law and regulation (0 confirmed, 0 assumed, 0 missing of 6)
ESTA 62 of 1997; NEMA 107 of 1998; National Veld and Forest Fire Act 101 of 1998; Property Practitioners Act 22 of 2019
| not marked | Farm workers or their families living on the farm: names, tenure and any ESTA (Extension of Security of Tenure Act 62 of 1997) rights disclosed From The seller, the attorney; the seller provides it. |
| not marked | Environmental compliance: any conditions under NEMA, fire-management compliance under Act 101 of 1998, biodiversity stewardship agreements From Provincial environment department, Fire Protection Association; the seller provides it. |
| not marked | Leases, grazing agreements, off-take or supply contracts that bind the land From The seller; the seller provides it. |
| not marked | Outstanding fines, court orders or pending litigation against the property or owner From The attorney; your attorney provides it. |
| not marked | Property practitioner mandate in writing, signed, under the Property Practitioners Act 22 of 2019 From The agency; the seller provides it. |
| not marked | Gas, plumbing and other certificates of compliance where applicable From A registered installer; the seller provides it. |
6. Finances and tax (0 confirmed, 0 assumed, 0 missing of 7)
VAT Act 89 of 1991, section 11(1)(e); Municipal Systems Act 32 of 2000, section 118; Municipal Property Rates Act 6 of 2004; FICA 38 of 2001
| not marked | Seller's VAT status and whether the farm is sold as a going concern (zero-rated under section 11(1)(e) of the VAT Act) or with transfer duty From SARS, the seller, the attorney; your attorney provides it. |
| not marked | Rates and municipal services account current and a rates clearance projection obtained (section 118 of the Municipal Systems Act) From Municipality; your attorney provides it. |
| not marked | The property is rated as agricultural (ratio at most 1:0,25 of the residential rate) and any farming rebate applied From Municipality; you provides it. |
| not marked | Three to five years of production financials (income, input costs, gross margin per hectare) From The seller's accountant; the seller provides it. |
| not marked | Sale records (auction results, off-take agreements, contract pricing) and fertiliser, chemical, fuel and labour cost records From The seller's records; the seller provides it. |
| not marked | Crops in the ground and stock on hand at transfer: who owns them and how they are priced From The Offer to Purchase; the seller provides it. |
| not marked | FICA documents complete (identity, proof of address, proof of source of funds) under Act 38 of 2001 From The buyer, the attorney; you provides it. |
Africa Estate Farm Tools, /agri/investigate. This summary organises what the buyer must ask; it does not replace a conveyancing attorney's investigation. https://www.africaestate.co.za/agri/investigate?s=---------------------------------------------