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Registrars' Conference Resolutions 2016

22 December 2016

INTRODUCTION

The Annual Registrars’ Conference 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 29 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

1/2016 The following Registrars’ Conference Resolutions are withdrawn:

  • RCR 21/1951 (see Jones' Conveyancing in South Africa, 4th edition page 213);
  • RCR 9/1956 (see RCR 5/2016);
  • RCR 3/1991 (see section 25 (6A) of Act 95 of 1986);
  • RCR 21/2003 (see section 6 of the Trust Property Control Act 57 of 1988);
  • RCR 28/2003 (see section 13 of the Divorce Act 70 of 1979);
  • RCR 43/2004 (see section 63 of Act 47 of 1937);
  • RCR 45/2007 (see RCR 3/2016);
  • RCR 27/2008 (see Rule 63 of the High Court Rules);
  • RCR 55/2008 (see RCR 6/2006);
  • RCR 60/2008 (see RCR 7/2016);
  • RCR 29/2009 (see Sasol Mining (Propietary) Limited v The Chief Registrar of Deeds and Others, North Gauteng High Court Case No. 72102/2012);
  • RCR 45/2009 (see section 8(1) of Act 120 of 1998);
  • RCR 9/2010 (see CRC 2/2016);
  • RCR 22/2010 (see Sasol Mining (Proprietary) Limited v The Chief Registrar of Deeds and Others);
  • RCR 38/2010 (see RCR 8/2016);
  • RCR 64/2010 (see section 13 of the Divorce Act 70 of 1979);
  • RCR 10/2012 (see RCR 3/2016);
  • RCR 29/2012 (see Jones' Conveyancing in South Africa, 4th edition page 213);
  • RCR 4/2014 (see RCR 10/2016);
  • RCR 7/2014 (see RCR 7/2016);
  • RCR 16/2014 (see RCR 5/2004);
  • RCR 31/2014 (see Jones' Conveyancing in South Africa, 4th edition page 213);
  • RCR 42/2014 (see RCR 9/2016);
  • RCR 7/2015 (see RCR 10/2016);
  • RCR 31/2015 (see CRC 2/2016).

 

B. PREVIOUS REGISTRARS' CONFERENCE RESOLUTIONS

  • 2/2016 - RCR 28/2003 and RCR 64/2010 - Copies of foreign divorce orders;
  • 3/2016 - RCR 45/2007 and RCR 10/2012 - Section 25 (6A) of the Sectional Titles Act 95 of 1986 - Reservation of Right;
  • 4/2016 - RCR 21/2003 - Section 6 of the Trust Property Control Act 57 of 1988;
  • 5/2016 - RCR 11/2006 - Section 4(1)(b) of Act 47 of 1937: Amendment of cancelled bonds;
  • 6/2016 - RCR 55/2008 - Maintenance claims in deceased estates;
  • 7/2016 - RCR 60/2008 and RCR 7/2014 - Endorsement of lapsing of rights of extension;
  • 8/2016 - RCR 38/2010 - Section 56(1)(b) of Act 47 of 1937: Liquidation of Company/Close Corporation and cancellation of bonds;
  • 9/2016 - RCR 42/2014 - Lost copies of Certificates issued in terms of sections 25 and 27 of the Sectional Titles Act 95 of 1986;
  • 10/2016 - RCR 41/1967, RCR 20/2011, RCR 89/2010 and RCR 8/2012 - Cancellation of servitudes benefitting the common property.

 

C. DEEDS REGISTRIES ACT NO. 47 OF 1937

  • 11/2016 - Section 45 bis of Act 47 of 1937 - Application.

 

D. REGULATIONS TO THE DEEDS REGISTRIES ACT 47 OF 1937

  • No Items.

 

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

  • 12/2016 - Application of a court order;
  • 13/2016 - Partial canellation of a Power of Attorney
  • 14/2016 - The inclusion of the additional amounts of bonds;
  • 15/2016 - A pre-emptive right;
  • 16/2016 - Consolidation of properties;
  • 17/2016 - A foreign trust;
  • 18/2016 - Transfer of property into the name of the beneficiaries;
  • 19/2016 - Registration of a bond in favour of the deceased estate;
  • 20/2016 - The transaction date on a Transfer Duty Receipt;
  • 21/2016 - Reference to Diagram in extending clause;
  • 22/2016 - Deeds office copy and client's copy of a bond lost/destroyed.

 

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

  • 23/2016 - Consent in terms of Act 70 of 1970.

 

G. SECTIONAL TITLES ACT NO. 95 OF 1986

  • 24/2016 - Section 27 of Act 95 of 1986 - cession by endorsement of exclusive use areas.

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

  • 25/2016 - Form Z to Annexure 1 of the Regulations to the Sectional Titles Act 95 of 1986: Annexure to the sectional bond.

 

I. GENERAL (ACT NO. 95 OF 1986)

  • 26/2016 - Section 24 of the Sectional Titles Act 95 of 1986;
  • 27/2016 - Error in section 11(3)(b) Schedule of Conditions;
  • 28/2016 - A title deed for exclusive use areas
  • 29/2016 - Leases on undivided shares in section 25 extension rights or portions thereof.

Registrars' Conference Resolutions 2016

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