Cancelling a Notarial Tie Agreement

A Notarial Tie Agreement can be cancelled by entering into a bilateral Notarial Deed of Cancellation between all the parties (the Owners and the Enforcer) to the Notarial Tie Agreement, in terms of which the parties agree to the cancellation of the Notarial Tie Agreement.

Alternatively, a Notarial Tie Agreement can be cancelled by the Enforcer (usually the City) by way of a unilateral Notarial Deed of Cancellation.

The Notarial Deed of Cancellation is lodged in the Deeds Office and the title deeds of the properties will be endorsed to note the cancellation of the Notarial Tie Agreement.

In instances where a property is required to be added to the properties forming the subject of an existing Notarial Tie Agreement it is necessary to :

  • Cancel the existing Notarial Tie Agreement; and
  • Register a fresh Notarial Tie Agreement with the further property added to the agreement.