The distinction between the two concepts is as follows :
A notarial tie of two or more properties is an agreement concluded with a third party, typically a local authority, not to dispose of any of the properties that are the subject of the agreement without that third party’s consent. The agreement is signed by the parties to it in the presence of a notary public who also signs it, hence it’s description as a notarial agreement.
A consolidation of properties on the other hand is the formal combination of two or more properties resulting in the creation of a single new property in substitution for the original properties.
A notarial tie can involve any number of different owners and properties. It does not matter where the properties ae situated. They do not have to be in the same municipal or provincial area.
For properties to be consolidated, they have to be :
- Owned by the same person
- Contiguous /adjacent to each other
- In the same registration division
A notarial tie is registered in the deeds office with the title deeds to each tied property being endorsed to the effect that it is subject to the tie. The tied properties do not lose their character as individual erven.
A consolidation is also registered in the deeds office by the issue of a certificate of consolidated title in the name of the owner. A diagram approved by the Surveyor-general depicting the newly created property is attached to the new title deed. Once the consolidation is registered, the properties that have been consolidated cease to exist and are replaced by the consolidated property.
In essence, a consolidation results in the creation of a new property while a notarial tie does not.