Registrar's Circular 1/2017 (Cape Town)
Registrar's Circular 1/2017 (Kimberley)
CHANGE OF JURISDICTION OF THE CAPE TOWN AND KIMBERLEY DEEDS OFFICES
1 PURPOSE
To provide information relating to the transfer of records and the registration of properties situated within the Province of the Northern Cape, that are presently being registered in the Office of the Registrar of Deeds at Cape Town and which on date of publication in the Government Gazette will fall under the jurisdiction of the Registrar of Deeds situated at Kimberley.
2 BACKGROUND
2.1. Currently the area of jurisdiction of the Registrar of Deeds at Cape Town extends into areas which are situated within the Northern Cape Province.
2.2 The Minister of Rural Development and Land Reform has approved the publication of the change of jurisdiction of Registrars of Deeds at Cape Town and Kimberley effective from 1 March 2017.
2.3 Annexure A provides a list of townships, farms districts and sectional title schemes situated in the Northern Cape Province that have been registered and recorded in the Cape Town Deeds Registry.
2.4 Arrangements for the transfer of records:
The paper, electronic and digitized records of all properties situated within the Northern Cape but which are currently in the Cape Town Office, will be transferred to the Office of the Registrar of Deeds at Kimberley by 1 March 2017.
3 REGISTRATION PROCESSES
3.1 LODGEMENT
3.1.1 The last day for lodgement of transactions relating to properties situated in the Northern Cape in the Cape Town office is 17 February 2017.
3.1.2. No transactions relating to properties situated in the Northern Cape will be accepted in the Cape Town Deeds Registry as from 20 February 2017.
3.1.3 With effect from 1 March 2017 transactions relating to properties situated in the Northern Cape must be lodged in Office of the Registrar of Deeds at Kimberley.
3.2 REGISTRATION
The last day for the registration of transactions relating to properties situated in the Northern Cape is 28 February 2017.
3.3 REJECTIONS
Deeds rejected in the Cape Town Deeds Registry that are not re-lodged by 17 February 2017 must be re-lodged in the Kimberley Deeds Registry as a new lodgment cover with a new barcode issued by the Kimberley office.
4 PERMANENTLY FILED TITLES (Counter Covers)
Titles and/or bonds for properties situated in the Northern Cape Province currently filed as Counter Covers in the Cape Town Deeds Registry must be withdrawn from the Cape Town Office by the end of March 2017 failing which the firm will be billed for another year until removed.
Once removed from the Cape Town Office, application can be made in Kimberley to open a counter cover/filing of a permanent file.
5 GENERAL POWERS OF ATTORNEY
5.1 in instances where a General Power Attorney is filed in the Cape Town Deeds Registry and is required for use at the Kimberley Deeds Registry, the provisions of Regulation 65(6) and (7) of the Deeds Registries Act 47 of 1937 must be complied with.
5.2 Alternatively, the Conveyancer may apply for the registration of a new General Power of Attorney in the Kimberley Deeds Registry.
6 CANCELLATION OF A BONDS: bonds over properties situated in both Deeds Registries
6.1 in instances where a bond is registered over two or more properties falling within the areas of jurisdiction of both Deeds Registries and the bond needs to be cancelled, the following procedure must be followed:
6.1.1 The original consent to cancel, all affected title (-s) and bond (-s) must be lodged in the Cape Town Office.
6.1.2 Certified copies of all documents lodged in Cape Town must be lodged in the Kimberley Office for examination and registration also. 6.2 The registration of the cancellations must be registered simultaneously in both Registries. The normal procedure in respect of simultaneous registrations must be followed by both the conveyancers in both Deeds Registries.
7 EXPEDITED DELIVERY OF DEEDS
All deeds relating to properties situated in the Northern Cape currently within the post registration processes for the Deeds Registry at Cape Town will be expedited.
Cape Town and Kimberley Registrar's Circular No 1 of 2017
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