Chief Registrar's Circular No. 2 of 2012 - Application of Section 25(13) of the Sectional Titles Act with regard to the Roseparkadmin CC judgement.
In the abovementioned case Weinkove AJ ordered the setting aside of a rejection note that was made in accordance with Registrars’ Conference Resolution 2 of 2009, together with an order for the registration of the relevant deeds.
In view of the Reasons for Judgement, deeds examiners no longer need to examine the plans referred to in section 25(2), lodged with applications in terms of section 25(9) of the Act.
Although not being the duty of the registrar of deeds to enforce compliance with regard to deviations, it is the registrar’s duty to ensure that the extension of a scheme is within the physical boundaries of the reserved right (see RCR 2 of 2009 (as amended), and RCR 12 of 2011). Thus, should it not be possible for an examiner to determine whether the extension is being exercised within the physical boundaries of the reserved right, confirmation of this fact must be sought from the architect or land surveyor concerned (see RCR6I/2008).
Chief Registrar's Circular No. 7 of 2011, is hereby withdrawn.