Registrars' Conference Resolutions - Centre for Conveyancing ...

More documents

Recommendations

Info

Registries Act for the execution of any deed or document required or permitted tobe registered in a deeds registry - (RCR14/2005).Item 10 – Persons married under the Recognition of Customary Marriages ActDescription of parties to a polygamous marriageQuestion Given the case of Ngwenyama v Mayelane and Another 474/2011 [2012] ZASCA94 dated 1 June 2012, how must a person be described who currently is aspouse in a monogamous customary marriage deemed to be one of incommunity of property, and who has entered into a polygamous customarymarriage, without the required order of court as provided for in section 7(6) ofAct 120 of 1998?Resolution The following is the appropriate manner to describe such a person:“A Identity Number ………….. and B Identity Number………..married in community of property to one anotherandA married in terms of customary law” – (RCR28/2012)Item 11 - Registration in name of partnership - parties married in community of propertyScenario Where parties are married in community of property and have entered into apartnership, there should be no objection to the registration of immovableproperty in the name of the partnership. A person married in community ofproperty is entitled to enter into a partnership agreement with another person.Question Why should they be prevented from entering into such an agreement with eachother?Resolution From a registration point of view there is no prohibition against the registration ofimmovable property in the name of a partnership where two partners are marriedin community of property to each other - (RCR3/2005).Scenario Parties married in community of property to each other are each entitled to onehalf share in the assets of the joint estate.Question May the partnership agreement read that each partner has a different share inthe partnership?Resolution The common law position regarding the share of each party to a marriage incommunity of property cannot be changed with a partnership agreement. Theproperty must be vested in the name of both spouses married in community ofproperty to each other i.e. “…. carrying on business in partnership as …..” -(RCR5/2006).Question May parties married in community of property enter into a partnership with eachother?Resolution Yes. 545Registrars’ conference resolution 8 of 2007 whereby RCR3/2005 and RCR5/2006 were confirmed.February 2013Self-Study Deeds Course
5Description of a Commandite PartnershipQuestion Can a vesting disclose or refer to a commandite partner 6 in deeds anddocuments?Resolution No. The provisions of regulation 34 of the Deeds Registries Act, Act No. 47 of1937 does not allow for such disclosure or reference – (RCR22/2012).Item 17 - Nature of marriageScenarioQuestionResolutionA conveyancer may certify with regard to the nature of a marriage, if the identitydocument/marriage certificate is silent regarding the nature of the marriage.May the conveyancer certify in the first instance as to the nature of the marriage,or may he/she only certify that the identity document/marriage certificate is silentabout the nature?The marriage certificate will suffice unless it is silent regarding thenature of the marriage. In this instance an affidavit by the party/parties must belodged - (RCR4/2006). (Most marriage certificates are silent regarding thenature of the marriage. This means that where the marriage certificate is silentregarding the nature of the marriage, an affidavit by the couple must be lodgedstating the nature of their marriage, for example whether they are married in orout of community of property, according to muslem or hindu customs, or the lawsof a foreign country, etc.).Item 17 - Proof of Customary MarriageQuestion What proof must be lodged that a valid customary marriage, in terms of theCustomary Marriages Act 120 of 1998, exists?Resolution a) Proof from the Department of Home Affairs; orb) an Order of Court - (RCR31/2005 as confirmed by RCR8/2006).DESCRIPTION OF PERSONS ACTING IN A REPRESENTATIVE CAPACITYItem 1 - Companies and close corporationsReference to Company ResolutionQuestion In terms of Regulation 44A(d)(ii)(aa) is it a requirement to refer to the companyresolution in the power of attorney?Resolution The preamble of a power of attorney, application or consent must state whetherthe authorization is in terms of a resolution or general power of attorney withoutdisclosing full particulars of the resolution - (RCR7/2005 and confirmed byRCR8/2008). 767In other words, a silent partner.According to the resolution: “The preparer does not assume responsibility in terms of regulation 44A(d)(ii)(aa) forthe mandate in terms of a general power of attorney (see reference to regulation 65 in regulation 44A(d)(ii)(aa)).Thus it is still the responsibility of a registrar of deeds to check general powers of attorney referred to in the preambleof a power of attorney, application or consent. The preamble must merely state whether the authorisationis in terms of a resolution or general power of attorney without disclosing full particulars of the resolution.”February 2013Self-Study Deeds Course
Page 2 and 3: Rates Clearance Certificates for Tr
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 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
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
Page 84 and 85:
84forming part of the transaction,
Page 86 and 87:
86Sectional title scheme opened on
Page 88 and 89:
same rights they would have had, ha
Page 90 and 91:
As once all the buildings are destr
Page 92 and 93:
92still be to the avail of the deve
Page 94 and 95:
94QuestionResolutionA Certificate o
show all

Registrars' Conference Resolutions - Centre for Conveyancing ...

Create successful ePaper yourself

Delete template?

Save as template?