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Registrars Conference Resolutions 2014

15 January 2015

INTRODUCTION

The Annual Registrars’ Conference which was held last year was attended by senior managers from the deeds registries, as well as the senior managers from the offices of the Surveyors General. Also present were representatives from each of the Provincial Law Societies.

In total 52 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 16 of 2005.

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

1/2014 The following Registrars’ Conference Resolutions are withdrawn:

  • RCR 4 of 1956 (see RCR 3 of 2014)
  • RCR 4 of 1958 (see RCR 28 of 2014)
  • RCR 41 of 1967 (see RCR 4 of 2014
  • RCR 2 of 1991 (see RCR 45 of 2013)
  • RCR 6.6 of 1999 (repeal of section 70 of Act No. 47 of 1937)
  • RCR 7.3 of 1999 (see section 27(7) of Act No. 95 of 1986)
  • RCR 56 of 1994 (repeal of section 60(1) of Act No. 95 of 1986)
  • RCR 57 of 1994 (repeal of section 60(1) of Act No. 95 of 1986)
  • RCR 30 of 2002 (see RCR 3 of 2012)
  • RCR 35 of 2002 (see RCR 2 of 2014)
  • RCR 43 of 2003 (see RCR 5 of 2014)
  • RCR 32 of 2004 (see CRC 10 of 2014)
  • RCR 34 of 2004 (see section 16D read with section 3(1)(p)bis of Act No. 47 of 1937)
  • RCR 39 of 2004 (amendment of section 37 of Act No. 95 of 1986)
  • RCR 40 of 2004 (see RCR 47 of 2013)
  • RCR 20 of 2005 (amendment of section 93 (1) (c) of Act No. 47 of 1937)
  • RCR 44 of 2005 (amendment of section 18 of Act No. 95 of 1986)
  • RCR 45 of 2005 (see RCR 22 of 2013)
  • RCR 2 of 2007 (see RCR 5 of 2014)
  • RCR 40 of 2007 (amendment of regulation 13 of Act No. 95 of 1986)
  • RCR 35 of 2008 (amendment of item 1(b) of the Schedule of Fees of Office)
  • RCR 23 of 2009 (see RCR27 of 2014)
  • RCR 59 of 2009 (amendment of section 17(5) of Act No. 95 of 1986)
  • RCR 30 of 2010 (see RCR 8 of 2014)
  • RCR 73 of 2010 (amendment of section 17(4) of Act No. 95 of 1986 by the inclusion of section 17(4)(4C) and see RCR 9 of 2014)
  • RCR 78 of 2010 (amendment of section 27(5) of Act No. 95 of 1986)
  • RCR 89 of 2010 (see RCR 4 of 2014)
  • RCR 2 of 2011 (see RCR 44 of 2013)
  • RCR 20 of 2011 (see RCR 4 of 2014)
  • RCR 56 of 2011 (amendment of section 25 of Act No. 95 of 1986)
  • RCR 60 of 2011 (amendment of regulation 15(4) of Act No. 95 of 1986)
  • RCR 62 of 2011 (amendment of section 17(4A)(bA) of Act No. 95 of 1986)
  • RCR 63 of 2011 (see RCR 3 of 2012)
  • RCR 68(b) of 2011 (amendment of section 25(1) of Act No. 95 of 1986)
  • RCR 68(c) of 2011 (amendment of section 25(1) of Act No. 95 of 1986)
  • RCR 69 of 2011 (amendment of section 25 of Act No. 95 of 1986)
  • RCR 70(c) of 2011 (see CRC 7 of 2012)
  • RCR 76 of 2011 (see section 27(5) of Act No. 95 of 1986)
  • RCR 8 of 2012 (see RCR 4 of 2014)
  • RCR 12 of 2012 (see section 27(5) of Act No. 95 of 1986)
  • RCR 26 of 2012 (see RCR 43 of 1967)
  • RCR 49 of 2012 (see RCR 9 of 2014)
  • RCR 52 of 2012 (see RCR 10 of 2014)
  • RCR 56 of 2012 (see CRC 7 of 2012)
  • RCR 62 of 2012 (amendment of regulation 28(2) of Act No. 95 of 1986)
  • RCR 5 of 2013 (see CRC 10 of 2014)
  • RCR 21 of 2013 (see RCR 2 of 2014)
  • RCR 34 of 2013 (see RCR 14 of 2014)
  • RCR 47 of 2013 (see RCR 15 of 2014)

 

B. PREVIOUS REGISTRARS' CONFERENCE RESOLUTIONS

  • 2/2014 - RCR 35 of 2002 and RCR 21 of 2013 - Power of developer to subdivide,consolidate and extend
  • 3/2014 - RCR 4 of 1956 - Amendment of purchase price/value of property in a title deed
  • 4/2014 - RCR 41 of 1967, RCR 20 of 2011, RCR 89 of 2010 and RCR 8 of 2012 - Cancellation of servitudes over the common property
  • 5/2014 - RCR 43 of 2003 and RCR 2 of 2007 - Home Owners Association
  • 6/2014 - RCR 45 of 2004; Usufruct over exclusive use areas
  • 7/2014 - RCR 60 of 2008 - Section 25 of Act No. 95 of 1986: subdivision of real right of extension
  • 8/2014 - RCR 30 of 2010 . Section 80 of Act No. 66 of 1965
  • 9/2014 - RCR 49 of 2012 - Section 14(8) and cancellation of plans by order of Court
  • 10/2014 - RCR 52 of 2012 -Section 18 and bonds registered over real rights
  • 11/2014 - Power of developer to extend a section, to register a servitude burdening the common property in terms of section 29, application in terms of section 25(6A) or section 27(1A)
  • 12/2014 - RCR 70 of 2012 and RCR 23 of 2013: Section 14(6) of Act No. 95 of 1986
  • 13/2014 - Form O and Form P
  • 14/2014 - Cancellation of pre-emptive right and transfer duty
  • 15/2014 - RCR 47 of 2013 - Section 27(1A) of the Sectional Titles Act: (Lodgement of Affidavit)

 

C. DEEDS REGISTRIES ACT NO. 47 OF 1937

  • 16/2014 - Section 17(6) - Assistance of Executor by Spouse in a foreign marriage
  • 17/2014 - Section 68(1) - Partial lapsing of a condition

 

D. REGULATIONS TO THE DEEDS REGISTRIES ACT 47 OF 1937

  • 18/2014 - Regulation 39(1)Status of a bondholder and a consenting party
  • 19/2014 - Regulation 44 - Conveyancer to initial pages of draft bond together with all mortgagors and witnesses
  • 20/2014 - Regulation 44A(d)(ii) (aa) and (bb) General Power of Attorney
  • 21/2014 - Regulation 44A(d)(ii) (aa) and (bb) General Power of Attorney
  • 22/2014 - Regulation 68(11B(a) - Unserviceable Deeds Registry and client's copy of mortgage or notarial bond
  • 23/2014 - Regulation 73(2) - Diagrams

 

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

  • 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
  • 25/2014 - Proof of spouses and descendants under Sections 1 and 2(2)(b) as well as Section 3(1)(a) of the Reform of Customary Law of Succession and Regulation of Related Matters Act No. 11 of 2009
  • 26/2014 - Registration of notarial deed not duly notarised
  • 27/2014 - Mortgaging of a share in a long-term lease agreement
  • 28/2014 - Transfer of property by donation or a will
  • 29/2014 - Transfer of an undivided share in agricultural land
  • 30/2014 - Transfer of Property subject to condition of a deed of donation
  • 31/2014 - Diagram of a right of habitatio

 

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

  • 32/2014 - Consents in terms of Act No. 70 of 1970

 

G. SECTIONAL TITLES ACT NO. 95 OF 1986

  • 33/2014 - Section 14(5) and Regulation 15(4) - Amendment of Sectional Plans
  • 34/2014 - Section 32(2) - Allocation of participation quota's
  • 35/2014 - Section 49: Real rights over exclusive use area

 

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

  • 36/2014 - Regulation 28(2) - Cession of Exclusive Use Areas in terms of section 60(3)

 

I. GENERAL (ACT NO. 95 OF 1986)

  • 37/2014 - Description of an owner in a Certificate of Registered Sectional Title
  • 38/2014 - Servitude on an approved sectional plan
  • 39/2014 - Home owners' consents and certificates by architects or land surveyors as contemplate in RCR 61 of 2008
  • 40/2014 - Fees for certificate of replacement of Form W
  • 41/2014 - Diagram of a real rights of extension
  • 42/2014 - A lost copy of a Notarial Deed

 

J. INPUTS RECEIVED FROM THE OFFICES OF THE SURVEYOR GENERAL FOR DISCUSSION

  • 43/2014 - Estuarine areas/tidal rivers below high water mark/low water mark
  • 44/2014 - Unregistered servitudes
  • 45/2014 - Registration of servitudes
  • 46/2014 - Change of information contained in Title Deeds
  • 47/2014 - Rezoning of agricultural land
  • 48/2014 - Condition of title defining use
  • 49/2014 - The basis on which the diagrams framed in terms of section 16 of The Land Survey Act No. 8 of 1997
  • 50/2014 - Creation of a servitude over a section
  • 51/2014 - Registration of servitudes which have conflicting rights
  • 52/2014 - Order of registration of Sectional Title phases

Registrar's Conference Resolutions 2014

Reader Comments: 3
Dudley Lee 16/01/2015:

Let me quote from what is said above: "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." It is an unfortunate and sad fact that for the last three years the resolutions were on purpose not forwarded or made available to "...everybody in conveyancing and notarial practice..." for comment or input prior to the conference.

Does that not render the resolutions invalid due to lack of transparency and participation by parties directly involved and/or affected by the resolutions? And what was the reason for this unfortunate decision? The resolutions, whether correctly taken or not, are enforced as though they are law, which they are not. Yet the very people who should be allowed to comment before the resolutions are passed are denied the opportunity. Only once the resolutions are made and distributed can conveyancers and interested parties comment and make inputs about the resolutions.

Even if a resolution is patently wrong the process then becomes a longwinded and drawn out process which will be resolved at the soonest at the next year's conference. In the mean time conveyancers are expected, in fact forced (unless they go to Court if the client is so inclined) to follow such an incorrect resolution. Sometimes such a resolution makes registration of an intended or necessary transaction impossible. This is not a satisfactory situation and should be reviewed.

Allen West 19/01/2015:

Dudley-- section 3 (1)(z) of the DRA does not make them law, however, registrars are requested to abide by them for uniformity purposes. The agenda is always submitted to all Provincial Law Societies prior to the Conference for comments and inputs, but alas nothing is ever received. At the Conference there is representation of the Profession to state their case, which I can say has been done for the last few years. Should you have any other suggestions to make the resolutions to be taken more transparent, I am sure the CRD will appreciate same. Conference Resolutions have been taken since 1938 and I for one can say they are of great assistance in the day to day practice of Conveyancing

BD SINGH 27/01/2015:

it is imperative that the Deed's Registry hold a seminar/ conference to appraise conveyancers of the changes and the new resolutions adopted.

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