Deeds Act Amendments

1. INTRODUCTION
The amended regulations, published under Government Notice No. R. 195 in Government Gazette No. 36240 dated 14 March 2013, are effective from 15 April 2013 and must be applied to all deeds lodged after such date or documents executed thereafter.

2. NATURE AND/OR IMPACT OF THE AMENDMENTS

• Amendment to regulation 29
  Regulation 29 has been amended to provide for the extent of immovable property to be expressed in words and figures in deeds and bonds. The extent of immovable property does not need to be expressed in words, as well as figures, in supporting documents.


• Regulations 43 and 44
  Regulations 43(1) as well as regulations 44(1) and 44(5), have been amended to provide for the full names and surname of the attorney, conveyancer, or notary to appear in the certificate. This amendment aims to remove uncertainty in instances where certificates are signed by attorneys, conveyancers, or notaries who have the same initials and surname.

• Regulation 44A
  Regulation 44A(d)(ii)(aa) has been amended to remove the responsibility of the registrar of deeds to check general powers of attorney.

  Regulation 44A(d)(ii)(bb) has been amended to provide for the person signing preparation clauses to take responsibility for the correctness of certain facts in respect of transactions entered into in accordance with the constitution, regulations, etc. of companies created by foreign statute.

• Regulation 61
  The amendment of regulation 61(2) by Government GNR 292 of 2010 was an oversight. The only personal servitudes that can be ceded unilaterally are the personal servitudes referred to in section 66 ceded back to the owner of the land encumbered thereby.

• Regulation 68
  Regulation 68(11A) has been deleted and regulations 68(11B) and 68(11C) have been inserted to bring the regulations in line with the deeds registry practice of advertising notices (in the Government Gazette) of the intention to apply for the cancellation of bonds which have been lost or destroyed, and of which the registry duplicates have also been lost or destroyed.

• Regulation 73
  The provisions of regulation 73(3) are duplicated in regulation 73(2A). Regulation 73(2A) has therefore been deleted.

• Prescribed Forms
  Forms D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, T, V, W, Z, KK, LL, MM. PP, QQ, RR, SS, VV, WW, YY, BBB, CCC, DDD, EEE, and FFF

The amendment of the above mentioned forms is consequential to the amendment of regulations 43 and 44 that provide for the full names and surname of the conveyancer, attorney or notary to appear in the certificate.

• Form SS
  Form SS has been amended to provide for the issuing of a certificate of registered title in instances where a sectional plan has been cancelled by an order of the Court, and land has reverted back to the land register.

• Form III
  The insertion of Form III is consequential to the insertion of regulations 68(11B) and 68(11C).

3. IMPLEMENTATION OF AMENDED REGULATIONS
The amended regulations must be applied only to deeds lodged after the date of 15 April 2013 and not documents executed prior to such date. 

Allen West
Deeds Training
Pretoria