Conference Resolutions - Centre for Conveyancing Practice

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deed, bond, etcetera, for which a certified copy (“VA copy”) has already been issued, must the application be made in terms of regulation 68(7) or regulation 68(1)? Resolution The application must be made in terms of regulation 68(1) and not 68(7). However, the full facts must be disclosed - (RCR20/2007). Unknown circumstances Question Regulation 68(1) provides that the circumstances must be mentioned in the application. What if the circumstances are not known? Can it be omitted from the application or must it be stated that the circumstances are unknown? Resolution Reference to the fact that the circumstances are not known, need not be disclosed in the application - (RCR21/2006). Question Registrar’s Conference Resolution 21/2006 provides that reference to the fact that the circumstances under which the deeds were lost are not known, need not be disclosed in the application. Regulation 68(1) stipulates that the circumstances must be mentioned where possible. If the fact that the circumstances are unknown are not mentioned in the application, it may be interpreted that the applicant ignored the fact that the circumstances must be mentioned. How will the examiner know whether the circumstances are unknown or whether the circumstances are known, but not mentioned? This will result in the examiner raising a note to include the circumstances when nothing in this regard is mentioned. Resolution Reference to the fact that the circumstances are not known, need not be disclosed in the application. RCR21/2006 is confirmed - (RCR13/2008). Application brought by a spouse married in community of property Question Can only one spouse married in community of property apply for a certified copy of a deed? Resolution Yes, either spouse can apply. However, the registrar of deeds has a discretion to call for the consent of the “non-applicant” (see regulation 68(2) - (RCR26/2005). Who must apply if director of company has died? Question Who has the capacity to apply for a certified copy of a title deed registered in the name of a company, where the sole director of such company has died? Resolution The executor may apply. It is the responsibility of the conveyancer to determine whether the executor has been entered into the register of members of the company (see Corporate Law by Cilliers, Benadie, Botha, Oosthuizen and Delarey, 1987 edition, chapter 11, page 131) - (RCR32/2008). Lost notarial deed Question If an original notarial deed of servitude is lost and the deeds office copy is also lost but the protocol copy is still in possession of the notary, may a deeds registry copy be generated from the protocol copy? Resolution A substituted notarial deed cancelling the existing servitude and replacing the lost notarial deed must be registered - (RCR38/2008). February 2012 Self-Study Deeds Course 40
RCR 38 of 2008: Lost notarial deed Question The resolution only deals with notarial deeds of servitude and not other notarial deeds filed in the notary’s protocol, (e.g. notarial bonds, leases and antenuptial contracts). How must the aforesaid be dealt with if the deeds office copy is lost or destroyed? Resolution RCR 38 of 2008 is confirmed. With regard to a lost notarial bond, the bond must be dealt with in terms of regulation 68(11A) 36 of the Deeds Registries Act. As far as antenuptial contracts and leases are concerned, a court order must be obtained – (RCR18/2010). 37 Reference to bondholder in application Question Does Conference agree that it is not necessary to refer to the particulars of the bond(s) registered over the property in the application (affidavit) applying for a certified copy in terms of regulation 68(1) of the Deeds Registries Act? Resolution Yes, it is not necessary to refer to the particulars of the bond(s) in the application for the issuing of a certified copy of a title deed. However the provisions of regulations 68(1) and (2) must be complied with in so far that the affidavit must state that the title has not been pledged or held as security and the bondholder must consent 38 - (RCR 17/2009). Paragraph 2.2 Application for copy where land is mortgaged – (regulation 68(2)) Regulation 68(2): Bondholder’s consent on letterheads Question It is practice in certain deeds registries to insist that when application is made for a certified copy of a title deed, which is mortgaged, that the bondholder’s consent, as required in terms of regulation 68(2), be provided on the letterhead of the financial institution concerned. This practice causes undue hardship and no authority for the insistence thereof exists. Should the practice be perpetuated? Resolution No, the practice should be stopped – (RCR41/2010). Paragraph 2.4 Regulation 68(11) Lost pages of lost bond Scenario Where a bond is lodged for cancellation in terms of regulation 68(11) and it is discovered on examination that the pages of the office copy, inter alia the property description page, has not been scanned/ micro-filmed, what procedure must be followed to cancel such a bond? Resolution An order of court must be sought unless one can ascertain that the bond is applicable to the application made - (RCR21/2007). Client’s copy and deeds office copy of bond to be cancelled is lost Question The procedure for the cancellation of a bond where the client’s copy and the 36 In other words the lost bond must be cancelled according to the procedure of regulation 68(11A) and a substitutive bond must be registered. 37 The reason why the protocol copy of the notary cannot be used, is that it is not updated with any further transactions in the deeds registry. 38 The bondholder must not only consent to the issue of a certified copy, but must also state that he is not in possession of the lost deed. February 2012 Self-Study Deeds Course 41
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 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: 107 of 1997 must be cancelled by se
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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