Registrars' Conference Resolutions - Centre for Conveyancing ...

46Paragraph 13Section 68(1) endorsementApplication of section 68(1)QuestionWhere a personal servitude has lapsed and the land encumbered thereby istransferred, is it peremptory to request an application in terms of section 68(1),or will the documentary proof lodged as a supporting document suffice?Resolution Section 68(1) must be complied with in all instances where a personal servitudelapses for any reason - (RCR15/2007).Question Uncertainty prevails as to what practice should be followed when cancellingreversionary and pre-emptive rights. Is an underhand waiver acceptable orshould the provisions of section 68(1) of the Deeds Registries Act be applied.?Resolution Registrar’s Conference Resolution 15/2007 is confirmed - (RCR16/2008). 37Lapse of usufruct over 100 years old - no death certificate availableQuestion Is it really necessary to obtain an order of court where no death certificate ordeath notice is available to prove the death of the usufructuary who would havebeen more than a hundred years old? A sworn affidavit by her surviving childrenre her death is available.Resolution Yes, a court order must be obtained where no death certificate or death notice isavailable to prove the death of the usufructuary - (RCR32/2006). 38Section 68(1) - Property sold in executionScenario A usufructuary died and a bond was passed subject to the usufruct. The propertyis sold in execution. The usufructuary waived preference in favour of thebondholder.Question Who must apply for the cancellation of the usufruct in the abovementioned case?The registered owner refuses to sign any documents.Resolution Section 68 need not to be applied. The sheriff acts as statutory agent on behalfof the court - (RCR16/2007).Comment This means that no application is needed, neither by the sheriff nor by the ownerof the land.Lapsing of reversionary rightsQuestion What is the correct position in instances where a title deed contains a condition(reversionary right) that binds successors in title, that a dwelling must be erectedwithin a specific period of time?a) Must the condition automatically be left out from further title deeds upontransfer of the property, in instances where a dwelling has indeed beenerected?b) Must the condition automatically be left out upon transfer of the property ininstances where the period of time has expired?c) What is the position where the period of time has expired and the dwellinghas not been erected?3738In other words, an application in terms of section 68(1) should be brought for an endorsement. An underhandwaiver does not suffice.The resolution is very obscure and the question badly formulated. I have edited both the question and resolutionto make sense and to comply with the Deeds Practice Manuals on page 3-28.February 2013Self-Study Deeds Course