Registrars' Conference Resolutions - Centre for Conveyancing ...

call for the consent of the “non-applicant” (see regulation 68(2) - (RCR26/2005).Who must apply if director of company has died?Question Who has the capacity to apply for a certified copy of a title deed registered in thename of a company, where the sole director of such company has died?Resolution The executor may apply. It is the responsibility of the conveyancer to determinewhether the executor has been entered into the register of members of thecompany (see Corporate Law by Cilliers, Benadie, Botha, Oosthuizen andDelarey, 1987 edition, chapter 11, page 131) - (RCR32/2008).Lost notarial deedQuestion If an original notarial deed of servitude is lost and the deeds office copy is alsolost but the protocol copy is still in possession of the notary, may a deeds registrycopy be generated from the protocol copy?Resolution A substituted notarial deed cancelling the existing servitude and replacing thelost notarial deed must be registered - (RCR38/2008).RCR 38 of 2008: Lost notarial deedQuestion The resolution only deals with notarial deeds of servitude and not other notarialdeeds filed in the notary’s protocol, (e.g. notarial bonds, leases and antenuptialcontracts). How must the aforesaid be dealt with if the deeds office copy is lostor destroyed?Resolution RCR 38 of 2008 is confirmed. With regard to a lost notarial bond, the bond mustbe dealt with in terms of regulation 68(11A) 40 of the Deeds Registries Act. As faras antenuptial contracts and leases are concerned, a court order must beobtained – (RCR18/2010). 41Reference to bondholder in applicationQuestion Does Conference agree that it is not necessary to refer to the particulars of thebond(s) registered over the property in the application (affidavit) applying for acertified copy in terms of regulation 68(1) of the Deeds Registries Act?Resolution Yes, it is not necessary to refer to the particulars of the bond(s) in the applicationfor the issuing of a certified copy of a title deed. However the provisions ofregulations 68(1) and (2) must be complied with in so far that the affidavit muststate that the title has not been pledged or held as security and the bondholdermust consent 42 - (RCR 17/2009).Paragraph 2.2 Application for copy where land is mortgaged – (regulation 68(2))Regulation 68(2): Bondholder’s consent on letterheadsQuestion It is practice in certain deeds registries to insist that when application is made fora certified copy of a title deed, which is mortgaged, that the bondholder’sconsent, as required in terms of regulation 68(2), be provided on the letterhead50404142In other words the lost bond must be cancelled according to the procedure of regulation 68(11A) and a substitutivebond must be registered.The reason why the protocol copy of the notary cannot be used, is that it is not updated with any furthertransactions in the deeds registry.The bondholder must not only consent to the issue of a certified copy, but must also state that he is not inpossession of the lost deed.February 2013Self-Study Deeds Course