Registrars' Conference Resolutions - Centre for Conveyancing ...

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34Chapter 9 - Certificates of registered titleParagraph 1 Section 34 CRT for a joint owner’s undivided shareSection 34 (1A): Joint EstatesQuestionWill it be a contravention of section 34(1A) of Act 47 of 1937 if parties married incommunity of property to each other apply for a certificate of registered title for afractional share of the property they own?Resolution No, it is not a contravention where they together obtain a fractional share of theundivided share in the property – (RCR25/2011).Paragraph 5 Section 38 CRT to replace lost deedSection 38(3)Question In terms of section 38(3), a draft of the proposed certificate should lie open forinspection. What if the certificate is lodged and rejected because of incorrectconditions, etc? Should it be made available for inspection again? If not, what isthe use of making a draft available for inspection in the first place?Resolution The certificate must be lodged for examination only after it was made availablefor inspection and after the expiry of the six week period. Re-advertisement inthe case of incorrect conditions which could affect the rights of third parties iswithin the discretion of the registrar of deeds - (RCR13/2006).Section 38: Upgrading of title reference in bondsQuestion The title reference of the title deed in the property description of bonds must beupdated upon issuing of a title in terms of section 38 of the Deeds Registries Act.Should all bonds not be lodged for endorsing to update the title reference in thebonds?Resolution Yes, bonds registered over the property must be lodged when a title is issued interms of section 38 – (RCR33/2010).Section 38 and regulation 68 of the Deeds Registries Act: Missing pages:Question Section 38 does not deal with missing pages and regulation 68 deals with lost ordestroyed titles. How does one deal with an incomplete title or bond. Examples:a) A page in the title deed of the client’s copy and the deeds registry copy ismissing.b) The annexure of a sectional bond in the client’s copy and the deeds registrycopy does not contain all pages.Resolution a) Section 38 of the Deeds Registries Act must be applied.b) In respect of bonds, the provisions of regulation 68(11A) must becomplied with and a substituted bond registered. Alternatively, the mattermust be referred to court – (RCR34/2010).February 2013Self-Study Deeds Course
35Paragraph 8 Certificate of consolidation - section 40Servitude omitted on consolidation diagramQuestion If a servitude has been indicated on the subdivisional diagram of a portion, andsuch portion is thereafter consolidated with the omission of that servitude fromthe consolidation diagram, must the consolidation diagram be referred back tothe surveyor general for amendment?Resolution Yes. The consolidation diagram must be referred to the SG for amendment -(RCR37/2006).Section 40(1)(d) - Two farms and a settlement being consolidated to form a farmQuestion In terms of Section 40(1)(d) property may be consolidated if registered in thesame property register. Is a consolidation registrable where one property is afarm and the other a settlement or agricultural holding and the SG diagrams areapproved by the Surveyor General?Resolution Yes, provided the conversion of the different components into the same propertyregister has been effected - (RCR18/2005).Tie-conditionsQuestion Where two pieces of land are consolidated and the components are subject to atie-condition, how should such condition be dealt with? Does lapsing throughmerger occur or must section 68(1) be applied?Resolution Section 68 is not applicable. The condition must be perpetuated in the certificateof consolidated title and the registrar must endorse the certificate of consolidatedtitle as to the lapsing of the tie-condition.However, the holder of the right must consent to the issuing of the certificate ofconsolidated title - (RCR21/2008).Section 40: Consolidation of properties situated in different local authoritiesQuestionMay two contiguous pieces of land, which complies with all the requirements ofsection 40, be consolidated if they are situated in different local authorities?Resolution Yes, it can be done as it is not a contravention of section 40 of Act No. 47 of1937 – (RCR26/2011).Section 20 of the Land Survey Act No. 8 of 1997QuestionThe extent of properties often differs when consolidations and sub-divisions areregistered, for instance where a consolidated property is subdivided thecombined extent of the sub-divisions differ slightly from the extent in the title.For many years it was accepted practice that where the differences are minorthe deeds registry does not reject the deeds, as the surveyor generalacknowledged that there is a certain percentage tolerance allowed because ofthe fact that on re-survey it can be explained. Can Conference provide guidancein this regard?Resolution The extent given on diagram is the responsibility of the Surveyor General andnot that of the registrar of deeds – (RCR48/2011).CommentIn other words the deeds office will not query the extent of the properties underFebruary 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 22 and 23: 22Resolutionlodgement. Must approva
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 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
Page 72 and 73: Extension of a section onto adjoini
Page 74 and 75: section 25-right has been issued. H
Page 76 and 77: 76which time period has not lapsed)
Page 78 and 79: Should reference that such right mu
Page 80 and 81: section 25(4) will lead to absurdit
Page 82 and 83: 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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