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Pretoria Registrar's Circular 1/2008

6 March 2008

Registrar of Pretoria's Circular No.1 of 2008 - The purpose of this circular is to request all conveyancers, financial institutions, provincial government offices and the general public who are in possession of the paper copies of the title deeds and documents (scanned between 25 August and 8 December 2007) to submit them to the Registrar of Deeds Pretoria to be rescanned.

The circular then explains the procedures to be followed under ordinary circumstances where a paper copy is available, or under exceptional circumstances where it has been lost (in which case Section 38 of the Deeds Registeries Act 47 of 1937 has to be followed).

Pretoria Registrar's Circular No.1 of 2008

Response by Allen West
This circular might impact on the security of title and for that reason a Registrar will have to re - examine a deed provided to him to determine the authenticity of the contents. The deed will have to be compared with the existing records all supporting documents etc.

Furthermore the circular is in direct conflict with the circular issued last year which does not necessitate an order of court for the cancellation of the bond, provided the necessary adverts are placed.

As the deed has left the office, a registrar cannot on mere face value accept the validity thereof. This will jeopardize the security afforded by the system of land registration.
 

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