Conference Resolutions - Centre for Conveyancing Practice

Paragraph 4.4 The causa clause
Question Where land formed an asset in a joint estate and the parties divorced and
subsequent to the divorce the spouses amended the agreement without
prejudice to third parties and together sell the land, must the causa of the
transfer disclose the full facts or merely reflect that the appearers’ principal sold
the land?
Resolution The causa of the deed of transfer needs only to reflect the sale -(RCR24/2006).
Question The South African National Roads Agency Limited expropriates a portion of a
property measuring 200 square metres. When ownership of the expropriated
property must be transfer, it transpires that in the interim another agreement was
reached with the owner of the property to transfer and additional 400 square
metres. One diagram is presented in respect of the whole 600 square metres.
In the transfer deed reference is made to a dual causa, namely the expropriation
of 200 square metres and to the written agreement to transfer the other 400
square metres. Can this be dome in one deed of transfer?
Resolution No, as the causa is not the same the expropriation transfer and the transfer by
agreement must be done separately. The causa for a section 31 transfer is
either a vesting or expropriation. However, where the expropriation notice is
uplifted ownership of the whole property can be transferred by one deed of
transfer. Alternatively, it can be effected in one vesting transfer as provided for in
section 31 of the Deeds Registries Act, provided the provisions of section 41(3)
of the South African Roads Agency Limited and National Roads Act 7 of 1998
have been complied with - (RCR37/2009).
Question Is the mere reference to an agreement a valid causa for a transfer of immovable
property?
Resolution No, a mere reference to an agreement is not sufficient - (RCR38/2009). 8
Paragraph 4.5 The vesting clause
Question Is it permissible to vest property as follows:
1 Bellandia (Pty) Ltd
Registration number. 1967/006312/07
2 Boness Development Phase 3 (Pty) Ltd
Registration number. 1994/008516/07
3 Southern Spirit Properties 156 (Pty) Ltd
Registration number 2005/020284/07
trading in Joint Venture as BREE STREET JOINT VENTURE
if parties do not trade as partners, but have merely embarked on a joint venture?
Resolution The vesting in a joint venture is not permissible, as it is not a legal persona -
(RCR29/2007).
8 It must be stated from what the agreement emanates, for example a divorce, sale donation etc.
February 2012 Self-Study Deeds Course
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