Registrars' Conference Resolutions - Centre for Conveyancing ...

RCR 10 of 2009: Section 4(1)(b)Question RCR 10 of 2009 35 is still not being applied uniformly in deeds registries. Eitherthe practice must be spelt out or the matter must be resolved in the form of aChief Registrar’s Circular.Resolution A conveyancer, not under oath, duly authorized by a power of attorney,mandating him/her to do anything that the owner might do, can bring anapplication in terms of section 4(1)(b), provided the error is not in connection withthe personal particulars of the owner. In the latter instance, the owner mustbring the application, under oath, or the conveyancer may bring the application ifhe/she is duly authorized thereto. Documentary evidence must be provided asto the correct state of affairs. In the case of forced sales, the executor / sheriff /trustee may bring the application, not under oath, and provide documentaryevidence as to the correct state of affairs – (RCR 20/2010).Question Is it necessary to call for the bondholder’s consent where an amendment to thetitle deed are not going to have a negative effect on the bondholder’s security?How does conference interpret the words “interested parties” in section 4(1)(b)?Resolution Yes, a bondholder’s consent is required in terms of section 4(1)(b) of the DeedsRegistries Act. A bondholder will always have an interest in the rectification ofthe title deed – (RCR 32/2010).Omission of component property in Certificate of Consolidated TitleQuestion A certificate of consolidated title of three properties, A, B and C is registered in2006, under T1/2006 and the new property is called D. In 2009, it is realizedfrom the diagram attached to T1/2006 that property B has not been included inthe certificate of consolidated title together with its distinct conditions. How mustthe situation be rectified?Resolution The situation can be amended with a section 4(1)(b) application - (RCR31/2009).42Conditions in title deeds of former TBVC statesQuestion Township conditions were omitted from certain title deeds of the former TBVCstates when Deeds of Grant were registered. Such conditions need to bebrought forward into the new deed of transfer upon subsequent registration.Does section 4(1)(b) of the Deeds Registries Act find application? If yes, whomust make such an application?Resolution Yes, section 4(1)(b) of Act 47 of 1937 finds application. The conveyancer mayapply with the consent of the owner and all interested parties - (RCR 32/2009).Section 4(1)(b)Question How must “interested party” in section 4(1)(b) of Act No. 47 of 1937 be35Question In terms of RCR 19 of 2008, a conveyancer may apply to have a title amended in terms of section4(1)(b) of the Deeds Registries Act. Should the resolution not be amended to read that “a conveyancer dulyauthorised thereto by the owner of the land may apply in terms of section 4(1)(b)?Resolution No. Section 4(1)(b) does not require an application by the owner of the land. The owner can applywith the consent of other interested parties. Alternatively the conveyancer can apply with the consent of theowner and all other interested parties. RCR 19 of 2008 is hereby withdrawn - (RCR10/2009).NOTE THAT RCR10/2009 HAS BEEN REPEALED BY RCR1/2011.February 2013Self-Study Deeds Course