Extending clauses in conventional deeds are prescribed by the regulations to the Deeds Registries Act 47 of 1937, i.e. forms "TT" and "UU".
Form "TT" is the form utilized for the extending clause of a deed of transfer in respect of an entity of land not previously registered. Form "UU" is utilized for an entity of land already held under a title. Where a piece of land, or a portion thereof, is to be registered for the first time, the extending clause will follow form "TT", and the extending clause in a subsequent transfer of that same piece of land will follow form "UU".
The prescribed form for a deed of transfer is form "E" to the regulations. According to form "E", the property description must be followed by the extent, the extending clause and then the conditions of title. When the extending clause in the title deed is in form "TT", the title deed is then that of the first (extending) deed. The extending clause of the subsequent deed of transfer will then read as follows:
"First transferred and still held by deed of transfer …"
When the extending clause of the title deed is in form "UU", this form will be followed in subsequent deeds of transfer, where the first title of the land is mentioned first, and then reference to the diagram or general plan, and the number of the title deed will then be reflected as the current deed of transfer.
Previously, e.g. in the 1960s, the property descriptions and extending clauses did not follow the above format, especially when land was registered for the first time. It caused great confusion in establishing whether the title deed was that of the first transfer or not and which information was important in compiling the extending clause in the subsequent deeds of transfer.
Below are two examples of such extending clauses. Take note that, according to form "E", the property description must be followed by the extent, then the extending clause and then the conditions of title. In the following two examples, the property description is followed by an extending clause and then the extent, which is then directly followed by the conditions.
Erf 000 situated in Third Avenue Township, Registration Division J R, Province of CCC
HELD BY …. under Certificate of Consolidated Title No. ?????, dated ….. and transferred to …….. under Deed of Transfer No. ????/???? dated ………
MEASURING Ten Thousand (10,000) square feet.
As will more clearly appear from the General Plan S.G. No ????/???? approved by the surveyor general on ….
SUBJECT TO THE FOLLOWING CONDITIONS: …
Erf 000 situated in the Township AAA, Registration Division J R, Province of CCC
HELD IN FAVOUR OF …….. by virtue of Deed of Transfer ????/????
EXTENDING 3344(Three Three Four Four) square metres.
As will more fully appear from General Plan number S.G. ????/???? approved on ………
SUBJECT TO THE FOLLOWING CONDITIONS:
Both the abovementioned examples appeared in title deeds of entities registered for the first time, i.e. a first deed of transfer. They are not in accordance with form "E" and, according to the extending clause in "Example 1", it appears to be a deed of transfer of an entity that was transferred previously.
Is there any manner in which this confusion can be clarified?
Here is a useful tip on how to identify an extending clause in any deed of transfer being the first or subsequent deed of transfer.
Take note of what details are set out after the extent of the property. If they refer to a general plan or diagram, as in both the above examples, the title deed will be that of the first registration of the entity. Also see the format of form TT, which is that of a first registration: "…. (disclose the full description of the property ….) measuring ………… as will appear from the annexed diagram/general plan …". You will note that reference is made to the diagram or general plan right after the extent is disclosed.
Secondly, if reference to a title deed is stated directly after the extent, that title will be a title of an entity that was previously registered, i.e. a subsequent transfer. See form "UU" in this regard: " … in extent … (state the size of the property) …first transferred/registered by … (state the serial number … ) …". In this case the first deed transferred as mentioned after the extent of the property.
Knowing that many examiners and conveyancers alike struggle to master extending clauses, the above explanation will hopefully assist in preparing or examining deeds of transfer.
Republished with permission from the SA Deeds Journal