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 19 matters were discussed and resolutions taken. These relate to the day to day practice of Conveyancing and Notarial Practice, and become operative on the 2nd January 2020, 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
1/2019 The following Registrars’ Conference Resolutions are withdrawn:
- RCR 44/2003 (see RCR 3/2019)
- RCR 55/2010 (see RCR 4/2019)
- RCR 41/2014 (see RCR 2/2019)
B. PREVIOUS REGISTRARS' CONFERENCE RESOLUTIONS
- 2/2019 - Diagram of a real right of extension
- 3/2019 - Servitude of right of way over exclusive use area
- 4/2019 - RCR 21/2004 - Protection of any rights of third parties
- 5/2019 - Varying terms in an Antenuptial Contract
C. DEEDS REGISTRIES ACT, 1937 (ACT 47 OF 1937)
- 6/2019 - Section 65(1): Personal servitude over registered lease agreement
- 7/2019 - Section 91: Causa - Property transferred to Suretyship Obligation
D. REGULATIONS TO THE DEEDS REGISTRIES ACT 47 OF 1937
- 8/2019 - Transfer fo the bare dominium without lodgement of the notarial deed of usufruct
- 9/2019 - Divisibility of a common law personal servitude (Usufruct)
- 10/2019 - Tie over immovable and movable property for the purpose of tying the movable to immovable (thus formalizing industrial accession)
- 11/2019 - Consent for the release of property on ceded bond
- 12/2019 - Digitally affixed signatures on Powers of Attorney or other documents lodged for registration
- 13/2019 - Sketch plans.
- 14/2019 - Lodgement of documentation as proof of disqualification for inheritance
F. OTHER LEGISLATION THAT HAS AN IMPACT ON ACT 47 OF 1937
- 15/2019 - Section 45 application and Transfer Duty Receipt/Exemption
- 16/2019 - The Conditions imposed in terms of the Subdivision of Agricultural Land Act 70 of 1970
- 17/2019 - South African National Road Agency Act (Section 40(4), Act 7 of 1998)
G. SECTIONAL TITLES ACT, 1986 (ACT 95 OF 1986)
- 18/2019 - Passing of a mortgage over a section and erf which is notarially tied
- 19/2019 - Vesting of exclusive use areas of spouses divorced/deceased