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Conference Resolutions 2015

17 December 2015

INTRODUCTION

The Annual Registrars’ Conference was held in October and attended by senior managers from the deeds registries, and representatives from each of the Provincial Law Societies.

In total 42 matters were discussed and resolutions taken. These relate to the day to day practice of Conveyancing and Notarial Practice, and became operative on the 2nd January, vide CRC 12 of 2015.

Everybody involved in conveyancing and notarial practice must take cognizance of the resolutions, as some have altered the practice and others have merely confirmed the existing practice.

The resolutions taken have been divided into specific categories, which are now dealt with under the said headings.


A. WITHDRAWAL OF PREVIOUS REGISTRARS' CONFERENCE RESOLUTIONS

1/2015 The following Registrars’ Conference Resolutions are withdrawn:

  • RCR 26/1989 (see RCR 44/2013)
  • RCR 53/1994 (see RCR 4/2014)
  • RCR 6.12/1999 (see RCR 3/2015)
  • RCR 4/2003 (see RCR 5/1991)
  • RCR 6/20014 (see RCR 5/2014)
  • RCR 18/2004 (see RCR 2/2015)
  • RCR 7/2007 (see RCR 3/2015)
  • RCR 37/2010 (see section 56(1)(b) of Act 47 of 1937)
  • RCR 45 of 2012 (see Basfour 2994 (Pty) Ltd v Registrar of Deeds: Bloemfontein (497/2014) [2014] ZAFSHC 38)
  • RCR 60/2012 (see amendment to Form I of Act 95 of 1986)
  • RCR 13/2013 (see RCR 4/2015)
  • RCR 20/2013 (see RCR 2/2014)
  • RCR 46/2013 (see section 15B (8) to (11) of Act 95 of 1986)
  • RCR 52/2013 (see RCR 5/2015)
  • RCR 4/2014 (see RCR 7/2015)
  • RCR 5/2015 (see RCR 8/2015)
  • RCR 20/2014 (see amendment to regulation 44A of Act 47 of 1937 and regulation 16C of Act 95 of 1986)
  • RCR 22/2014 (see amendment to regulation 68 (11B) (a) of Act 47 of 1937
  • RCR 23/2014 (see amendment to regulation 73 (2) of Act 47 of 1937)
  • RCR 24/2014 (see RCR 9/2015)
  • RCR 36/2014 (see amendment to regulation 28 (2) of Act 95 of 1986)

 

B. PREVIOUS REGISTRARS' CONFERENCE RESOLUTIONS

  • 2/2015 RCR 18/2004: Servitude over agricultural land
  • 3/2015 RCR 7/2007 RCR 6:12/1999 - Regulation 68(11) of Act 47 of 1937
  • 4/2015 RCR 13/2013: Erroneously registered exclusive use areas (RCR 36/2002 and RCR 2/2012)
  • 5/2015 RCR 52/2013: Lost or destroyed rules of a scheme
  • 6/2015 RCR 41/1967 - Section 75(2) (bis) Act 47 of 1937: Endorsement of bond
  • 7/2015 RCR 4/2014: RCR 41/1967, RCR 89/2010 and RCR 8/2012 - Cancellation of servitudes benefitting the common property
  • 8/2015 RCR 43/2003 and RCR 2/2007 - Home Owners Association
  • 9/2015 RCR 24/2014: Transfer and vesting of State Land in respect of certificates issued in terms of Item 28(1) of Schedule 6 of the Constitution of the Republic of South Africa

 

C. DEEDS REGISTRIES ACT NO. 47 OF 1937

  • 10/2015 Section 7 of Act 47 of 1937: Office Fees
  • 11/2015 Transfer pursuant to a divorce settlement
  • 12/2015 Section 18(3) of Act 47 of 1937 - State Land
  • 13/2015 Section 24bis of Act 47 of 1937 - Transfer from firm or partnership
  • 14/2015 Section 39(1) of Act 47 of 1937 - Double Registrations
  • 15/2015 Section 45, Section 45bis and Section 45bis (1A) of Act 47 of 1937 - Transfer by endorsement

 

D. REGULATIONS TO THE DEEDS REGISTRIES ACT 47 OF 1937

  • 16/2015 Regulation 44A - General Power of Attorney
  • 17/2015 Regulation 84 item 1(a) of Act 47 of 1937

 

E. GENERAL - (ACT NO. 47 OF 1937)

  • 18/2015 Tie Conditions
  • 19/2015 Expropriation of attached property
  • 20/2015 Consent in terms of section 40(3) or 4(5)(a) and (b) of Act 47 of 1937
  • 21/2015 Cancellation of a General Plan
  • 22/2015 One or more deeds of transfer
  • 23/2015 The appearer and the transferor in a deed of transfer is one and the same person
  • 24/2015 Parties were married in South-West Africa (now Namibia) prior to independence
  • 25/2015 A beacon certificate when application is made for the issuing of a Certificate of Registered Title for an erf on a provisionally approved general plan
  • 26/2015 Tie condition
  • 27/2015 Negative Personal Servitude/Restrictive Condition
  • 28/2015 Waiver of preference of Usufruct
  • 29/2015 Hyphenated Surname
  • 30/2015 A new conversion certificate in which the bond amount is expressed in foreign currency
  • 31/2015 Value of property
  • 32/2015 Section 38 of Act 47 of 1937 - Issuing of one certificate of title in respect of more than one title deed

 

F. OTHER LEGISLATION THAT HAS AN IMPACT ON ACT NO. 47 OF 1937

  • 33/2015 Consent by Guardians in terms of section 18(3) of the Children's Act No. 38 of 2005
  • 34/20015 Appointment of representative in terms of the Administration of Estates Act 66 of 1965
  • 35/2015 Registrability of conditions that no rates may be levied - Local Government - Municipal Property Rates Act 6 of 2004
  • 36/2015 Act No. 70 of 1970 - Lodgement fo the original consent to subdivision or a certified copy thereof

 

G. SECTIONAL TITLES ACT NO. 95 OF 1986

  • 37/2015 Section 11(2) Conditions
  • 38/2015 Section 15(B)(3)(b(i)(aa) - certificate must be certified by a Conveyancer
  • 39/2015 Issuing of a certificate of registered title for a portion of the common property
  • 40/2015 Section 49 Closure of a scheme

 

H. REGULATIONS TO SECTIONAL TITLES ACT NO. 95 OF 1986

  • 41/2015 Regulation 31 - Destruction of or damage to building and transfer of interest
  • 42/2015 Causa of a share block transfer of property to members 

Registrar's Conference Resolutions 2015

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