Registrars' Conference Resolutions - Centre for Conveyancing ...

of the Subdivision of Agricultural Land Act 70 of 1970 are not contravened asprovided for in section 17(5)(a) of the Deeds Registries Act. How should vestingtake place where spouses are married according to the laws of a foreign country,to comply with Act 70 of 1970, where the marriage is deemed to have the effectof a marriage in community of property?Resolution Where the property was purchased by both spouses the vesting must read asfollows:1 Joseph DreyerDate of birth / identity numbermarried, which marriage is governed by the laws of (the foreign country)2 Elizabeth DreyerDate of birth / identity numbermarried, which marriage is governed by the laws of (the foreign country)Consent by the Minister in terms of Act 70 of 1970 must be lodgedwhere the property vests in the name of both spouses - (RCR39/2009).Description of same sex parties in a foreign civil marriage / unionQuestion How should parties be described if they are in a union / marriage, which union /marriage is governed by the law of a foreign country?Resolution 1 Partner 1Identity number / born onMarried, which marriage is governed by the law of (the foreign country)2 Partner 2Identity number / born onMarried, which marriage is governed by the law of (the foreign country) -RCR40/2009.RCR 40 of 2009: Foreign marriages: Description of same sex parties in a foreign civilunion/marriageQuestion It is not always certain whether foreign marriages must be described as amarriage or a unionResolution RCR 40 of 2009 is hereby confirmed – (RCR24/2010).Item 2 - TrustsForeign trustQuestion What formalities must be complied with before a foreign trust can haveimmovable property registered into its name?Resolution The foreign trust must firstly be registered with the Master of the High Court andletters of authorization issued to the trustees, as contemplated in section 8 of theTrust Property Control Act 57 of 1988 - (RCR24/2009).8Paragraph 4.8The conditional clauseHome Owners Association ConditionsScenario A condition prohibiting the alienation or transfer of a property without the consentof the home owners association is contained in the title deed of the property. OnFebruary 2013Self-Study Deeds Course