Conference Resolutions - Centre for Conveyancing Practice

47/2009).
Rates Clearance Certificates for Transfer of Same Property
Problem statement: A transfers property to B who immediately transfers the same property to
C. The transaction between B and C is not lodged simultaneously with the one of
A to B. The rates clearance certificate issued for the transaction involving A to B
is valid for a period of 60 days and within this period a transaction involving B to
C is lodged with the rates clearance certificate lodged in the previous transaction
of A to B. The understanding is that if the whole batch was lodged simultaneously
this only rates clearance certificate would have been accepted. Does the
conference agree?
Resolution No, the same rates clearance certificate may not be used – (RCR 36/2011).
Paragraph 8 Lodgement, preparation and registration
Question It appears that there are not a uniform procedure in deeds registries to deal with
certain documentation. Certain deeds registries will file a document with the
deed requiring the document (consent) and make a note on the relevant
lodgement cover that the document is now filed in another cover. Some
registries give it a BC number and other lodge it as a supporting document with
the deed etc.
Resolution Acts of registration, as provided for in regulation 39(1), must be lodged in a
separate lodgment cover, having a BC code, and attracts a fee. See CRC 2 of
2009. All supporting documents must be lodged with the relevant deed and not
in a separate cover. This resolution is, with the necessary changes, applicable
to the opening of a sectional title register - (RCR 26/2009).
Paragraph 8.3 Circumstances where the title deed need not be lodged
Regulation 51(2)
Question This regulation provides for the transfer of immovable property without the
production of the title deed. May factual endorsements be made on the office
copy of the title deed which are necessary for effecting transfer? (May
applications be endorsed on the office copy of the title deed, e.g. section 4(1)(b)
application, in order to effect transfer?)
Resolution Yes, the wording of the regulation must be interpreted to mean that all acts of
registration necessary to effect transfer can be done on the office copy of the title
deed, provided that the applicant has locus standi to bring the relevant
application – (RCR32/2011)
Copies of receipts in terms of regulation 20(7) of the Deeds Registries Act
Question May a registrar accept, in terms of regulation 20(7) of the Deeds Registries Act,
a copy of a transfer duty receipt or rates clearance certificate, certified by a
conveyancer or notary as a true copy of the original?
Resolution No, a copy of a rates clearance certificate cannot be accepted, as the original is
not filed in the government office. However, a copy of a transfer duty receipt,
certified by the Receiver of Revenue as a true copy of the original, may be
transfer may be passed without such clearance.
February 2012 Self-Study Deeds Course
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