Conference Resolutions - Centre for Conveyancing Practice

Notarial deed for mining methods
Question Is a notarial deed, which defines what mining methods the holder of mineral
rights must use when exercising her/his right, registrable in the deeds registry?
Resolution No. It may not be registered in the deeds registry. The notarial deeds must be
referred to the Department of Minerals and Energy - (RCR 29/2009). 44
Mineral rights
Question May the deeds registry attend to the modification of mineral certificates?
Resolution No. It may not be registered in the deeds registry. The notarial deeds must be
referred to the Department of Minerals and Energy - (RCR 36/2009).
Section 11(8) of the Advertising on Roads and Ribbons Development Act 21 of 1940
Question Where conditions contained in a title deed are cancelled in terms of section 11(8)
of the Advertising on Roads and Ribbons Development Act 21 of 1940, does
such cancellation necessitate the lodgement of a transfer duty receipt or
exemption certificate?
Resolution No, a transfer duty receipt or exemption certificate is not required -
(RCR49/2009).
RCR 39 of 2006, RCR 57 of 2009 45 and RCR 50 of 2009 46 : Sales in Execution
Question How must the registrar of deeds apply the case of Sheriff Kuilsrivier v Registrar
of Deeds Cape Town 2011, in sales in execution?
Resolution In respect of sales in execution, pursuant to section 66(4) for the Magistrates’
Courts Act No. 32 of 1944, after the lapse of a year from the date of attachment,
the registrar of deeds must call for a certificate from the sheriff of the relevant
magistrate’s court which clearly states that the property is not subject to any
claim preferent to that of the judgment creditor referred to in the notice of
attachment – (RCR5/2011).
Citing of amount in a deed or document
Question CRC 18 of 1973 provides that the amounts in deeds and documents must be set
out with a comma before the cents. Is this practice peremptory or can a full stop
44 Note however, that rights ancillary to mining, for example a right of way or a right to water in favour of the mineral
right holder is still registrable in the deeds registry.
45 Question Does this section refer only to preferent claim sales in execution in respect of attachments issued by
the Magistrate’s Court or all sales in execution in respect of attachments issued by the Magistrate’s Court against
immovable property? See September and Another v Nedcor Bank Ltd and Another 2005(1) SA 500, for the actual
reason for the section.
Resolution The existing practice must prevail in that either the attachment must be withdrawn or proof must be
submitted that it has not lapsed or has been extended - (RCR 57/2009 as confirmed by RCR 28 of 2010).
NOTE THAT RCR57/2009 HAS BEEN REPEALED BY RCR1/2011.
46 Question Section 66(4) of the Magistrate’s Court Act 32 of 1944 provides that if the relevant property has not
been sold in execution or released from the attachment within a period of one year from the date of attachment,
the attachment lapses. What date just be regarded as the date of the attachment?
Resolution Due to lack of clarity as to the date of the attachment, registrars must regard the date of service of
the attachment on the registrar of deeds, as the date of commencement of the calculation for the one year period.
NOTE THAT RCR50/2009 AS BEEN REPEALED BY RCR1/2011.
February 2012 Self-Study Deeds Course
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