Registrars' Conference Resolutions - Centre for Conveyancing ...

38Chapter 10 - Township establishmentParagraph 3 Township on a portion of a piece of landSection 46(4) and Section 43 Certificate of Township TitleQuestion Is the taking out of a certificate of township title in terms of section 46(4)compulsory or is a certificate of registered title in terms of Section 43 alsopermissible if the land on which the township is to be laid out comprises a portionof an existing unit of land?Resolution Both are acceptable - (RCR16/2006).Paragraph 4 Township laid out on two or more pieces of landQuestion May three different owners, who own three different properties separately, openone township on all three properties (e.g. one general plan approved anddepicting that the township is laid out on all the properties)?Resolution This is not allowed. The provisions of section 22 of the Deeds Registries Act 31cannot be applied where the remainder of the township is to be transferred. Theowners also do not have locus standi in respect of the property not owned bythem to open such a township - (RCR 34/2009).RCR 34 of 2009: One township on more than one propertyQuestionMay a township be opened on more than one property owned by differentowners, in instances where the township application was approved prior to thecoming into operation of RCR 34 of 2009, which resolution prohibits suchopening?Resolution No, RCR 34 of 2009 finds application – (RCR 14/2011).Paragraph 8 Transfer of a whole township or of a portion thereofTransfer of the remainder of a townshipQuestion May a formal transfer for the remainder of property in a township be permittedwhere only streets remain in such township?Resolution No, a formal transfer cannot be utilized. Section 31 of the Deeds Registries Actmust be invoked - (RCR35/2009). 32Paragraph 9 MiscellaneousEskom servitudes - ancillary rightsQuestion In respect of the transfer of erven from a township title, it often occurs that, dueto the situation of the erf, such erf cannot by virtue of its situation be subject tothe ancillary rights of the Eskom-servitudes. Is it still necessary to bring suchconditions forward into the new deed?Resolution Yes, unless the holder of the servitude provides documentary evidence that the3132According to section 22(1), two or more persons each owning a different piece of land may not transfer thosepieces of land to one or more persons by the same deed of transfer unless such transfer is authorized by theprovision of a law or by an order of court.Unless those street have an erf number or a street closure is done.February 2013Self-Study Deeds Course