Registrars' Conference Resolutions - Centre for Conveyancing ...

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22Resolutionlodgement. Must approval be obtained from the Surveyor-General beforelodgement?No. The Surveyor-Generals’ approval is only required in instances where theservitude is not of a constant width and does not extend the entire length of asurveyed line on a diagram. See regulation 73(2) of Act No. 47 of 1937 –(RCR32/2012).February 2013Self-Study Deeds Course
23Chapter 7 - Estate transfersParagraph 3.1Section 42(1) certificateSection 42(1) Certificate in terms of Act No. 66 of 1965QuestionResolutionCommentMust a section 42(1) of Act No. 66 of 1965 certificate, for an application interms of section 45, be accepted or must the registrar insist on a certificate interms of regulation 49(1)(f)? Alternatively, must a section 42(1) of Act No. 66of 1965 certificate in all instances follow the wording in regulation 49(1)(f)?Yes, the wording of the section 42(1) certificate must always follow regulation49(1)(f) of Act No. 47 of 1937 – (RCR 44/2011).In other words there are three things that must be stated in the certificate,namely that –a) The proposed transfer or endorsement is in accordance with theliquidation and distribution account;b) It has lain open for inspection; andc) No objection thereto has been received.Paragraph 3.2Section 42(2) certificateSection 42(2) of Act No. 66 of 1965QuestionWhere immovable property is sold by the executor in the estate of the solemember of a close corporation, must the Master, in terms of section 42(2) of ActNo. 66 of 1965, provide the necessary consent?Resolution No, the provisions of section 42(2) of Act No. 66 of 1965 are not applicable –(RCR41/2012).Property sold by executor on death by fiduciaryQuestionIs a section 42(2) certificate all that is needed when an executor in the estate ofa fiduciary sells and transfers immovable property which is subject to afideicommissum?Resolution Yes. A section 42(2) endorsement by the Master is necessary. It is establishedpractice that the executor in the estate of the fiduciary has the right in terms ofthe Administration of Estates Act 66 of 1965 to sell immovable property directlyfrom the estate of the fiduciaries, provided the Master affords an authorization interms of section 42(2). The waiver by the fideicommissary heirs is not aprerequisite for the sale - (RCR2/2008). 20QuestionRCR2 of 2008 fails to protect the rights of the fideicommissary heirs and itsapplication is too broad. Section 69bis(1) of the Deeds Registries Act requiresthat the fideicommissary heirs transfer the property with the executor. Howshould the conditions be removed?The executor in the deceased estate of a deceased fiduciary is only entitled tosell property which is subject to a fideicommissum if the estate is insolvent interms of section 34 of the Administration of Estates Act 66 of 1965. RCR20RCR37 of 2007 has been amended by the deletion of the words “provided the fideicommissary heirs waive theirrights”.February 2013Self-Study Deeds Course
Page 2 and 3: Rates Clearance Certificates for Tr
Page 4 and 5: Registries Act for the execution of
Page 6 and 7: Abbreviation of registration number
Page 8 and 9: of the Subdivision of Agricultural
Page 10 and 11: Restriction on alienationQuestion G
Page 12 and 13: 12Chapter 5 - Power of attorneyPara
Page 14 and 15: Question Where the first page of a
Page 16 and 17: General Power of Attorneys - Destro
Page 18 and 19: 18Chapter 6 - ServitudesParagraph 3
Page 20 and 21: Lapsing of personal servitude by me
Page 24 and 25: 242/2008 must be amplified to state
Page 26 and 27: 26executor of the estate or must it
Page 28 and 29: 28Paragraph 6.1Section 45(1) endors
Page 30 and 31: Resolution Yes, this is tantamount
Page 32 and 33: Waiver of limited interestQuestionW
Page 34 and 35: 34Chapter 9 - Certificates of regis
Page 36 and 37: 36these circumstances.Paragraph 9 C
Page 38 and 39: 38Chapter 10 - Township establishme
Page 40 and 41: 40Chapter 11 - EndorsementsParagrap
Page 42 and 43: RCR 10 of 2009: Section 4(1)(b)Ques
Page 44 and 45: 44property separately or on the agg
Page 46 and 47: 46Paragraph 13Section 68(1) endorse
Page 48 and 49: 48Paragraph 15Section 93(1) endorse
Page 50 and 51: call for the consent of the “non-
Page 52 and 53: 52Chapter 14 - Mortgage bondsParagr
Page 54 and 55: Question Regulation 39(1) provides
Page 56 and 57: 5616 - MiscellaneousSection 6: Canc
Page 58 and 59: Trust deeds filed and registered in
Page 60 and 61: 60Resolutionb) Is it obligatory for
Page 62 and 63: 6239/2011).Land Claim Caveat and Bo
Page 64 and 65: Section 14(3): Amendment of Section
Page 66 and 67: estrictive conditions exist and/or
Page 68 and 69: 68certificate with the cession of a
Page 70 and 71: 70(RCR63/2011).RCR 45 of 2003 and R
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Extension of a section onto adjoini
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section 25-right has been issued. H
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76which time period has not lapsed)
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Should reference that such right mu
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section 25(4) will lead to absurdit
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Reference to ‘EUA’ without spec
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84forming part of the transaction,
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86Sectional title scheme opened on
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same rights they would have had, ha
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As once all the buildings are destr
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92still be to the avail of the deve
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94QuestionResolutionA Certificate o
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