Conference Resolutions - Centre for Conveyancing Practice

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the practice must be spelt out or the matter must be resolved in the form of a Chief Registrar’s Circular. Resolution A conveyancer, not under oath, duly authorized by a power of attorney, mandating him/her to do anything that the owner might do, can bring an application in terms of section 4(1)(b), provided the error is not in connection with the personal particulars of the owner. In the latter instance, the owner must bring the application, under oath, or the conveyancer may bring the application if he/she is duly authorized thereto. Documentary evidence must be provided as to the correct state of affairs. In the case of forced sales, the executor / sheriff / trustee may bring the application, not under oath, and provide documentary evidence as to the correct state of affairs – (RCR 20/2010). Question Is it necessary to call for the bondholder’s consent where an amendment to the title deed are not going to have a negative effect on the bondholder’s security? How does conference interpret the words “interested parties” in section 4(1)(b)? Resolution Yes, a bondholder’s consent is required in terms of section 4(1)(b) of the Deeds Registries Act. A bondholder will always have an interest in the rectification of the title deed – (RCR 32/2010). Omission of component property in Certificate of Consolidated Title Question A certificate of consolidated title of three properties, A, B and C is registered in 2006, under T1/2006 and the new property is called D. In 2009, it is realized from the diagram attached to T1/2006 that property B has not been included in the certificate of consolidated title together with its distinct conditions. How must the situation be rectified? Resolution The situation can be amended with a section 4(1)(b) application - (RCR31/2009). Conditions in title deeds of former TBVC states Question Township conditions were omitted from certain title deeds of the former TBVC states when Deeds of Grant were registered. Such conditions need to be brought forward into the new deed of transfer upon subsequent registration. Does section 4(1)(b) of the Deeds Registries Act find application? If yes, who must make such an application? Resolution Yes, section 4(1)(b) of Act 47 of 1937 finds application. The conveyancer may apply with the consent of the owner and all interested parties - (RCR 32/2009). Paragraph 4 Section 17(4) endorsement Section 3(1)(v) endorsement - property registered only in name of the husband before 1984 Scenario A property is registered only in name of the husband before 1984. (See section 17(4)(c)). authorised thereto by the owner of the land may apply in terms of section 4(1)(b)? Resolution No. Section 4(1)(b) does not require an application by the owner of the land. The owner can apply with the consent of other interested parties. Alternatively the conveyancer can apply with the consent of the owner and all other interested parties. RCR 19 of 2008 is hereby withdrawn - (RCR10/2009). NOTE THAT RCR10/2009 HAS BEEN REPEALED BY RCR1/2011. February 2012 Self-Study Deeds Course 34
Question Is it necessary to automatically endorse the title deed in terms of section 3(1)(v) with regard to the vesting of the property in the name of the husband and wife married in community of property to each other? Resolution No, it is not necessary to automatically endorse the title deed. Section 17(4) may be invoked - (RCR13/2007). Paragraphs 8, 9, 10 & 11 - Section 45 and 45bis endorsements Sections 45 and 45bis endorsements Question Can section 45 and 45bis applications be applied where spouses got married in community of property subsequent to the death or divorce of a spouse or must a formal deed of transfer take place? Resolution Yes, section 45 and 45bis may be invoked - (RCR14/2007). Comment (This means that the share must be transferred either by way of a section 45 or 45bis endorsement or a deed of transfer. But either the one or the other must be done). Registration fee and section 45 Question A transfer duty receipt usually refers to the value of the whole property and not to the value of the half share being acquired (where applicable). Is the registration fee payable on the whole property as indicated on the transfer duty receipt or only on the half share being transferred? Resolution A registration fee is payable on the value of the half share of the property – (RCR58/2010). Section 45bis and section 45bis(1A) Question Section 45bis and section 45bis(1A) deal with applications and contracts in terms of sections 20 and 21 (1) of the Matrimonial Property Act 88 of 1984. What about the situation where parties agree to marry out of community of property and the antenuptial contract was never executed prior to their marriage. The court authorizes a contract to be entered into in terms of section 88 of the Deeds Registries Act. 32 Before registration of the notarial contract in terms of section 88, the parties have property registered in their names describing them as married in community of property. Can section 45bis and 45bis(1A) be applied or will a factual endorsement in terms of section 3(1)(v) of the Deeds Act suffice? Resolution Section 45bis(1)(b) and section 45bis(1A) must be applied – (RCR35/2010). Paragraph 9 - Section 45bis(1)(a) endorsement An exemption certificate must be lodged Question Is it necessary to always lodge an exemption certificate from SARS in instances 32 According to section 88 of the Deeds Registries Act, a court may, subject to such conditions as it may deem desirable, authorise postnuptial execution of a notarial contract having the effect of an antenuptial contract, if the terms thereof were agreed upon between the intended spouses before the marriage. February 2012 Self-Study Deeds Course 35
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 and 30: Paragraph 8 Certificate of consolid
Page 31 and 32: of an existing unit of land? Resolu
Page 33: Deeds Registries Act. Is it correct
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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