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Cape/KWT Registrar's Circulars

23 November 2017

Registrar’s Circular 6/2017 (Cape Town) and Registrar’s Circular 5/2017 (King William’s Town)

CHANGE OF JURISDICTION OF THE CAPE TOWN AND KING WILLIAM’S TOWN DEEDS REGISTRIES

1 PURPOSE

To provide information relating to the change of jurisdictional areas, the transfer of records and the registration of properties, situated in Eastern Cape Province, that are presently being registered in the Deeds Registry Cape Town which on date of publication in the Government Gazette will fall under the jurisdiction of the King William's Town Deeds Registry.

2. BACKGROUND

2.1 Currently the jurisdictional area of the Deeds Registry Cape Town extends into the Eastern Cape Province.

2.2 The Minister of Rural Development and Land Reform has approved the publication of the changes of the jurisdictional areas of both the Deeds Registry Cape Town and the Deeds Registry King William's Town with effect from the 4th of December 2017.

2.3 Annexure A provides a list of townships, farm districts and sectional title schemes situated in the Eastern Cape Province that have been registered and recorded in the Cape Town Deeds Registry.

2.4 The electronic database of all properties situated within the Eastern Cape Province that is currently archived in the Deeds Registry Cape Town will be transferred to the Deeds Registry King William's Town by the 4th of December 2017.

3 REGISTRATION TIME FRAMES

3.1 Lodgement
3.1.1 The last day for lodgment in the Deeds Registry Cape Town of transactions situated in the Eastern Cape Province is the 15th of November 2017. No transactions of properties situated in the Eastern Cape Province will be accepted in the Deeds Registry Cape Town after this date.

3.1.2 With effect from the 4th of December 2017 transactions relating to properties situated in the Eastern Cape Province (except those areas that fall within the jurisdiction of the Mthatha Deeds Registry) must be lodged in the Deeds Registry King William's Town.

3.2 Registration
The last day for registration in Deeds Registry Cape Town of transactions relating to properties situated in the Eastern Cape Province is the 30th of November 2017.

3.3 Rejections
Deeds rejected in the Deeds Registry Cape Town that are not re-lodged by the 15th of November 2017 must be re-lodged in the King William's Town Deeds Registry as a new lodgment with a new barcode issued by the Deeds Registry King William's Town.

4 PERMANENTLY FILED TITLES (Counter Covers)
Titles and/or bonds for properties situated in the Eastern Cape Province currently filed as Counter Covers in the Deeds Registry Cape Town must be withdrawn by the end of November 2017 failing which the firm will be billed annually, until withdrawn. Once withdrawn, application can be made to the King William's Town Deeds Registry to open a counter cover or for filing of a permanent file. King William’s town Deeds Registry will not accept a reference to a Counter cover filed in Cape Town.

5 GENERAL POWERS OF ATTORNEY

5.1 In instances where a General Power of Attorney is filed in the Deeds Registry Cape Town and is required for use at the Deeds Registry King William's Town, the provisions of Regulation 65(6) and (7) of the Deeds Registries Act 47 of 1937 must be complied with. Pending the amendment to Regulation 65(6) and (7) of the Deeds Registries Act 47 of 1937.

5.2 Alternatively, the Conveyancer may apply for the registration of a new General Power of Attorney in the Deeds Registry King William's Town.

6 TRANSACTIONS IRO BONDS OVER PROPERTIES SITUATED IN BOTH DEEDS REGISTRIES AND PROPERTIES IN ONE TITLE DEED

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 In instances where a title contains properties that fall within both Deeds Registries and the owner wants to transact with them simultaneously, he/she must apply for the issuing of certificate of registered title for one of the properties. The application must however, be lodged in the Deeds Registry that has the jurisdiction over the property for which the Certificate of Registered Title is being applied for.

6.1.2 Copies of all deeds documents (e.g. bonds) which cannot be produced as an original and intended to be lodged must be produced to the Deeds Registry Will be endorsed as follows:

"This deed/document is only for use in the Cape Town/King William's Town Deeds Registry - see relevant endorsement on page............ “

and Commissioned as a true copy of the original.

7 POST REGISTRATION: DELIVERY OF DEEDS

All deeds of the Eastern Cape Province will be expedited in the post-registration processes of the Deeds Registry Cape Town.

8 TITLE DEEDS WITH BOTH CAPE TOWN AND KING WILLIAM'S TOWN PROPERTIES

The following procedure to be followed with regards to title deeds that contain properties in both Deeds Registries:-

8.1 As from the 4th of December 2017, the Registrars of Deeds of Cape Town and King William's Town will endorse title deeds that reflect properties for both Cape Town and King William's Town to the effect that the deed is inactive in respect of the "other" properties therein. The endorsement will be worded along the following line:-

"Endorsement in terms of section 3(1)(v) of Act 47 of 1937

By virtue of the fact that the property described in paragraph(s) ...... herein was registered in the deeds registry at Cape Town this deed in so far as it relates to the aforesaid paragraph, may only be dealt with in the Cape Town/King William's Town Deeds Registry."

Date: _______________________                                                                          Registrar of Deeds

8.2. A smaller endorsement must be placed alongside the actual description of each property to be "excluded" from the deed along the following lines.

"Property may only be dealt with in the Cape Town/King William's Town Deeds Registry - see relevant endorsement on page............ “

9 ISSUING OF VA COPES FOR TITLE DEEDS

The Registrars of Deeds of Cape Town and King William's Town may issue copies in terms ofRegulation 68 (1) and (11) of the Deeds Registries Act 47 of 1937 in respect of titles that contain properties for both the Deeds Registries. The relevant Registrar may however only issue a Regulation 68 (1) and (11) copy in respect of the property that falls within his/her jurisdiction area and such copy will only be valid for use in that particular Deeds Registry.

The following endorsement will be placed on the title deed:

"This VA copy is only valid in respect of (mention property description and paragraph number) and may only be dealt with in the (mention the Deeds Registry)"

Date:________________  Registrar of Deeds Cape Town / King William's Town

10 CANCELLATION OF A BOND OVER A PROPERTY IN CAPE TOWN AND KING WILLAM'S TOWN

10.1. In a case where there is one bond registered over two or more properties, one in Cape Town and one in King William's Town and such bond is to be cancelled, it is the responsibility of the lodging conveyancer to ensure that such bond is cancelled in both Cape Town and King William's Town Deeds Registries and to comply with the following requirements:-

i. Lodge original Consents to Cancellations in both deeds registries. Copies of consents will not be accepted.

ii. Lodge original bond in one deeds registry and copy of the same bond in the other deeds registry duly endorsed as aforesaid.

10.2. The registration of the cancellation to be registered simultaneously in both Deeds Registries. The normal procedure in respect of simuls between two deeds registries must be followed by both the conveyancer and both deeds registries.

Registrar’s Circular No, 6 of 2017 (Cape Town) and Registrar’s Circular No. 5 of 2017 (King William’s Town)

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