Registrars' Conference Resolutions - Centre for Conveyancing ...

36these circumstances.Paragraph 9 CRT for a portion of land - section 43Paragraph 9.3Prerequisites for issuing of Section 43 certificatesConditions of sub-divisions endorsed on Power of Attorney / Application of sub-divisionQuestion Must the Registrar insist upon a regulation 38 certificate in terms of Ordinance15 of 1986, as well as the consent to subdivision from the local authority, withthe subdivision of an erf?Resolution Yes, the regulation 38 certificate, as well as the consent to subdivision in termsof section 92 of Ordinance 15 of 1986, must be lodged. The latter is necessaryin order to establish whether there are registerable conditions that must becreated or brought forward – (RCR33/2012).Rates Clearance Certificate for remainder of landScenario Where a portion of land is already registered as an entity, the rates clearancecertificate for the remainder of the land is lodged. When the rates clearancecertificate for that specific portion is requested, the conveyancers avers that themunicipality’s records are not updated and that such portion does not appear ontheir records, and they then issue a clearance certificate in respect of theremainder. The conveyancers furthermore avers that the municipalities are notwilling to provide a certificate to the effect that such registered portion does notappear on their records.Question Can the rates clearance certificate of the remainder be accepted in such cases,with a certificate from the conveyancer to the effect that such portion does notappear on the records of the municipality and that the rates clearance certificatelodged, covers such portion?Resolution A rates clearance certificate for the remaining extent accompanied by anexplanatory letter from the local authority to the effect that such rates clearancecertificate covers the land about to be transferred, may be accepted -(RCR36/2006).Prohibition against subdivisionQuestion Where land is subdivided but no additional land parcel is created, is the conditionof title that prevents a subdivision applicable in this instance, where thesubdivided portion will be consolidated simultaneously?Resolution Registrar of deeds will not permit this subdivision as it is not legally provided for.The title conditions preventing subdivision, without the option of consent, mustfirst be removed prior to subdivision - (RCR 43/2009).LeaseholdsQuestionSection 56(3) of the Black Communities Development Act 4 of 1984 providesthat a township developer may grant a right of leasehold without first obtaining acertificate of registered title in respect of the premises concerned. Analogous tothis, may the township developer issue a leasehold in respect of a portion of anerf appearing on a general plan, without firstly obtaining a certificate of registeredtitle for the parent property?February 2013Self-Study Deeds Course