Conference Resolutions - Centre for Conveyancing Practice

such as the recent amendments to the Transfer Duty Act exempting duty to be
paid on transfers due to divorce?
Resolution Yes. A transfer duty exemption certificate from SARS must be lodged -
(RCR43/2006).
Copies of foreign divorce orders
Question Who may certify a copy of a foreign divorce order, where property situated in
South Africa is dealt with? Must the foreign divorce order be accepted in a
South African Court?
Resolution a) A foreign order does not have to be accepted by the High Court of South
Africa.
b) The foreign court order may be certified as a true copy of the original, by
a conveyancer or notary – (RCR64/2010).
Paragraph 11 - Section 45bis(1A)(b) endorsement
Incomplete court order
Question Where parties change their matrimonial property regime in terms of section 21 of
the Matrimonial Property Act 88 of 1984 from in community of property to out of
community of property, but the order of court ordering the registration does not
address any immovable property registered in the name of the joint estate, how
must such property be dealt with? Should the provisions of section 45bis(1A)(b)
be applied or must a variation of the court order be requested?
Resolution Section 45bis(1A)(b) must be applied, however, should the parties disagree, the
matter must be referred back to court - (RCR30/2007).
Marital status - registration of a postnuptial contract
Scenario Immovable property is purchased and registered in the name of an owner
described as married out of community of property. Subsequent to the
registration, it is discovered that no antenuptial contract was registered. The
spouses now apply for the registration of a postnuptial contract. The contract is
silent as to the immovable property.
Question How must the registrar of deeds rectify the matter before the property can be
dealt with?
Resolution The title will firstly have to be rectified in terms of section 4(1)(b), where after an
application must be brought in terms of section 45bis(1A)(b) - (RCR32/2005).
Section 45bis(1A): Rates Clearance Certificate
Question Is a rates clearance certificate required for an application in terms of section
45bis(1A)?
Resolution No, a rates clearance certificate is not required – (RCR36/2010 as confirmed by
RCR28/2011).
Paragraph 12 Section 58 endorsement
Application of section 58 to insolvent usufructuary
Question Must the provisions of Section 58 also be applied to a usufructuary in case of
insolvency?
Resolution Yes, section 58 is applicable - (RCR18/2006).
February 2012 Self-Study Deeds Course
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