Registrars' Conference Resolutions - Centre for Conveyancing ...

40Chapter 11 - EndorsementsParagraph 1 Section 3(1)(v) endorsementQuestion Where an owner of immovable property undergoes a sex change and changeshis/her names subsequent thereto and a new identity number is afforded suchowner, how must the new identity number be recorded against the title deeds ofthe immovable property concerned?Resolution The provisions of section 3(1)(v) must be invoked and documentary evidence asto the new identity must be lodged together with the application - (RCR16/2005).Question Spouses are married out of community of property. They mass their estates andprovide that on the death of the first dying the land must devolve on the survivingspouse subject to a fideicommissum in favour of the children. What act ofregistration must be effected where the land is registered in the name of thesurviving spouse?Resolution An endorsement in terms of section 3(1)(v) of the Deeds Registries Act must bemade - (RCR31/2008).Transfer to Departments of GovernmentQuestion If a deed of transfer was registered and the property was vested in the name of aDepartment of Government, for example Department of Land Affairs, how mustthe vesting be changed to reflect the owner as being the National Government ofthe Republic of South Africa? 33Resolution An application in terms of section 3(1)(v) of the Deeds Registries Act, to reflecteither the National or Provincial Government of the Republic of South Africa asowner of the property, must be made by an authorized official of the relevantGovernment Department – (RCR56/2010).Section 10A and 10B of the Housing Act No. 107 of 1997 conditionsQuestion A conveyancer omitted to register the section 10A and 10B of the Housing ActNo. 107 of 1997 conditions on transfer of a property to the subsidized purchaser.How should these conditions be registered against the title deed?Resolution The conditions can be registered upon lodgement, by the owner, of anapplication in terms of section 3(1)(v) of Act No. 47 of 1937, together with thenecessary proof – (RCR46/2012). 34Paragraph 2 Section 4(1)(b) endorsementAmendment of conditions: schedule for lengthy conditionsQuestion RCR 19 of 2007 recommends a schedule in case of lengthy conditions of titlewhen it is impractical to endorse the title deed in terms of section 4(1)(b) of theDeeds Registries Act. Is it correct to charge the office fees on the schedule ofconditions simply because it is contained in a separate cover and that cover isgiven a code S……/….K?3334After the coming into operation of the Constitution of the Republic of South Africa, property may only be vested inthe National or Provincial Government.As these are statutory conditions, they need not be created.February 2013Self-Study Deeds Course