Conference Resolutions - Centre for Conveyancing Practice

erf with such services as it may deem necessary and that it is prepared to
consider an application for the approval of a building plan in respect of the erf.
The question is whether the aforesaid section must be complied with if the
developer transfers a unit in a scheme opened on an erf in a township of which a
section 82 certificate has not yet been provided?
Resolution Yes, section 82 must be complied with upon the opening of the sectional title
scheme and the transfer of units in such scheme. However, where a certificate
of registered title is issued, a caveat must be noted against the property
concerned to the effect that on the transfer of the erf or the unit/s in the scheme
by the developer, the provisions of section 82 must be complied with –
(RCR70/2010).
Chapter 11 - Endorsements
Paragraph 1 Section 3(1)(v) endorsement
Question Where an owner of immovable property undergoes a sex change and changes
his/her names subsequent thereto and a new identity number is afforded such
owner, how must the new identity number be recorded against the title deeds of
the immovable property concerned?
Resolution The provisions of section 3(1)(v) must be invoked and documentary evidence as
to the new identity must be lodged together with the application - (RCR16/2005).
Question Spouses are married out of community of property. They mass their estates and
provide that on the death of the first dying the land must devolve on the surviving
spouse subject to a fideicommissum in favour of the children. What act of
registration must be effected where the land is registered in the name of the
surviving spouse?
Resolution An endorsement in terms of section 3(1)(v) of the Deeds Registries Act must be
made - (RCR31/2008).
Transfer to Departments of Government
Question If a deed of transfer was registered and the property was vested in the name of a
Department of Government, for example Department of Land Affairs, how must
the vesting be changed to reflect the owner as being the National Government of
the Republic of South Africa? 30
Resolution An application in terms of section 3(1)(v) of the Deeds Registries Act, to reflect
either the National or Provincial Government of the Republic of South Africa as
owner of the property, must be made by an authorized official of the relevant
Government Department – (RCR56/2010).
Paragraph 2 Section 4(1)(b) endorsement
Amendment of conditions: schedule for lengthy conditions
Question RCR 19 of 2007 recommends a schedule in case of lengthy conditions of title
when it is impractical to endorse the title deed in terms of section 4(1)(b) of the
30 After the coming into operation of the Constitution of the Republic of South Africa, property may only be vested in
the National or Provincial Government.
February 2012 Self-Study Deeds Course
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