Conference Resolutions - Centre for Conveyancing Practice

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these circumstances. Paragraph 9 CRT for a portion of land - section 43 Rates Clearance Certificate for remainder of land Scenario Where a portion of land is already registered as an entity, the rates clearance certificate for the remainder of the land is lodged. When the rates clearance certificate for that specific portion is requested, the conveyancers avers that the municipality’s records are not updated and that such portion does not appear on their records, and they then issue a clearance certificate in respect of the remainder. The conveyancers furthermore avers that the municipalities are not willing to provide a certificate to the effect that such registered portion does not appear on their records. Question Can the rates clearance certificate of the remainder be accepted in such cases, with a certificate from the conveyancer to the effect that such portion does not appear on the records of the municipality and that the rates clearance certificate lodged, covers such portion? Resolution A rates clearance certificate for the remaining extent accompanied by an explanatory letter from the local authority to the effect that such rates clearance certificate covers the land about to be transferred, may be accepted - (RCR36/2006). Prohibition against subdivision Question Where land is subdivided but no additional land parcel is created, is the condition of title that prevents a subdivision applicable in this instance, where the subdivided portion will be consolidated simultaneously? Resolution Registrar of deeds will not permit this subdivision as it is not legally provided for. The title conditions preventing subdivision, without the option of consent, must first be removed prior to subdivision - (RCR 43/2009). Leaseholds Question Section 56(3) of the Black Communities Development Act 4 of 1984 provides that a township developer may grant a right of leasehold without first obtaining a certificate of registered title in respect of the premises concerned. Analogous to this, may the township developer issue a leasehold in respect of a portion of an erf appearing on a general plan, without firstly obtaining a certificate of registered title for the parent property? Resolution No. A certificate of title must firstly be obtained – (RCR84/2010). Chapter 10 - Township establishment Paragraph 3 Township on a portion of a piece of land Section 46(4) and Section 43 Certificate of Township Title Question Is the taking out of a certificate of township title in terms of section 46(4) compulsory or is a certificate of registered title in terms of Section 43 also permissible if the land on which the township is to be laid out comprises a portion February 2012 Self-Study Deeds Course 30
of an existing unit of land? Resolution Both are acceptable - (RCR16/2006). Paragraph 4 Township laid out on two or more pieces of land Question May three different owners, who own three different properties separately, open one township on all three properties (e.g. one general plan approved and depicting that the township is laid out on all the properties)? Resolution This is not allowed. The provisions of section 22 of the Deeds Registries Act 28 cannot be applied where the remainder of the township is to be transferred. The owners also do not have locus standi in respect of the property not owned by them to open such a township - (RCR 34/2009). RCR 34 of 2009: One township on more than one property Question May a township be opened on more than one property owned by different owners, in instances where the township application was approved prior to the coming into operation of RCR 34 of 2009, which resolution prohibits such opening? Resolution No, RCR 34 of 2009 finds application – (RCR 14/2011). Paragraph 8 Transfer of a whole township or of a portion thereof Transfer of the remainder of a township Question May a formal transfer for the remainder of property in a township be permitted where only streets remain in such township? Resolution No, a formal transfer cannot be utilized. Section 31 of the Deeds Registries Act must be invoked - (RCR35/2009). 29 Paragraph 9 Miscellaneous Eskom servitudes - ancillary rights Question In respect of the transfer of erven from a township title, it often occurs that, due to the situation of the erf, such erf cannot by virtue of its situation be subject to the ancillary rights of the Eskom-servitudes. Is it still necessary to bring such conditions forward into the new deed? Resolution Yes, unless the holder of the servitude provides documentary evidence that the ancillary rights are abandoned on the land concerned - (RCR47/2006). Section 82 of the Townships and Town-planning Ordinance 15 of 1986 (TVL) Question In terms of section 82 of Ordinance 15 of 1986, the registrar shall not register a deed of transfer of an erf in a township until such time as the local authority within whose area of jurisdiction the township is situated, has certified that it will, within a period of 3 months from the date of the certificate, be able to provide the 28 According to section 22(1), two or more persons each owning a different piece of land may not transfer those pieces of land to one or more persons by the same deed of transfer unless such transfer is authorized by the provision of a law or by an order of court. 29 Unless those street have an erf number or a street closure is done. February 2012 Self-Study Deeds Course 31
Page 1 and 2: Registrars’ Conference Resolution
Page 3 and 4: accepted - (RCR39/2010). Chapter 4
Page 5 and 6: Resolution a) Proof from the Depart
Page 7 and 8: Item 8 Vesting of agricultural land
Page 9 and 10: Hunkydory Investments 188 (Pty) Ltd
Page 11 and 12: Question Is there an onus on the re
Page 13 and 14: cases or is it not his/her responsi
Page 15 and 16: Regulation 65: Use of Copies of Gen
Page 17 and 18: Lapsing of personal servitude by me
Page 19 and 20: liquidation and distribution accoun
Page 21 and 22: Resolution The original affidavit o
Page 23 and 24: marriage may be accepted as proof.
Page 25 and 26: Title deed erroneously endorsed in
Page 27 and 28: Interpretation of the Provisions of
Page 29: Paragraph 8 Certificate of consolid
Page 33 and 34: Deeds Registries Act. Is it correct
Page 35 and 36: Question Is it necessary to automat
Page 37 and 38: Section 92: Transfer by endorsement
Page 39 and 40: 107 of 1997 must be cancelled by se
Page 41 and 42: RCR 38 of 2008: Lost notarial deed
Page 43 and 44: consent when mortgaging land where
Page 45 and 46: Question T1/1999 is registered in t
Page 47 and 48: Question Can the trustee of an inso
Page 49 and 50: also be used? Resolution CRC 18 of
Page 51 and 52: Land Claim Caveat and Bonds Questio
Page 53 and 54: General. Section 14(3): Amendment o
Page 55 and 56: 95 of 1986 only requires that the c
Page 57 and 58: provision is made for the consent o
Page 59 and 60: a) Yes. b) Yes. c) Yes - (RCR64/201
Page 61 and 62: c) No, it must be filed in the nota
Page 63 and 64: Resolution A caveat must be noted a
Page 65 and 66: Question In view of the unreported
Page 67 and 68: Resolution Pending an amendment to
Page 69 and 70: Paragraph 14 Creation of servitudes
Page 71 and 72: Names allocated to sectional title
Page 73 and 74: encroachment over an existing servi
Page 75 and 76: ___________________________________
Page 77: Compiled by Erinda Frantzen BCom(La

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