Registrars' Conference Resolutions - Centre for Conveyancing ...

Rates Clearance Certificates for Transfer of Same PropertyProblem statement: A transfers property to B who immediately transfers the same property toC. The transaction between B and C is not lodged simultaneously with the one ofA to B. The rates clearance certificate issued for the transaction involving A to Bis valid for a period of 60 days and within this period a transaction involving B toC is lodged with the rates clearance certificate lodged in the previous transactionof A to B. The understanding is that if the whole batch was lodged simultaneouslythis only rates clearance certificate would have been accepted. Does theconference agree?ResolutionNo, the same rates clearance certificate may not be used – (RCR36/2011).2Paragraph 8 Lodgement, preparation and registrationQuestion It appears that there are not a uniform procedure in deeds registries to deal withcertain documentation. Certain deeds registries will file a document with thedeed requiring the document (consent) and make a note on the relevantlodgement cover that the document is now filed in another cover. Someregistries give it a BC number and other lodge it as a supporting document withthe deed etc.Resolution Acts of registration, as provided for in regulation 39(1), must be lodged in aseparate lodgment cover, having a BC code, and attracts a fee. See CRC 2 of2009. All supporting documents must be lodged with the relevant deed and notin a separate cover. This resolution is, with the necessary changes, applicableto the opening of a sectional title register - (RCR 26/2009).Paragraph 8.3Regulation 51(2)QuestionCircumstances where the title deed need not be lodgedThis regulation provides for the transfer of immovable property without theproduction of the title deed. May factual endorsements be made on the officecopy of the title deed which are necessary for effecting transfer? (Mayapplications be endorsed on the office copy of the title deed, e.g. section 4(1)(b)application, in order to effect transfer?)Resolution Yes, the wording of the regulation must be interpreted to mean that all acts ofregistration necessary to effect transfer can be done on the office copy of the titledeed, provided that the applicant has locus standi to bring the relevantapplication – (RCR32/2011)Copies of receipts in terms of regulation 20(7) of the Deeds Registries ActQuestion May a registrar accept, in terms of regulation 20(7) of the Deeds Registries Act,a copy of a transfer duty receipt or rates clearance certificate, certified by aconveyancer or notary as a true copy of the original?Resolution No, a copy of a rates clearance certificate cannot be accepted, as the original isnot filed in the government office. However, a copy of a transfer duty receipt,certified by the Receiver of Revenue as a true copy of the original, may beaccepted – (RCR39/2010).February 2013Self-Study Deeds Course