1. PURPOSE
- To provide guidance to managers, examiners and conveyancers on the consultation process.
- This circular serves to highlight aspects already contained in various circulars and to address areas where uncertainty exists.
2. BACKGROUND
- It has become clear that certain misconceptions exist about what is accepted and what is not accepted during consultation.
- It has furthermore become clear that circulars are not being applied consistently by all.
3. PROCESSES TO BE FOLLOWED
3.1 Putting forward
3.2 Corrective maintenance
3.3 Roman linking
3.4 Expedition
3.5 Prep clerks
3.6 Execution room
3.7 Inserting documents after lodgement
3.8 Rates Clearances
3.9 Printouts from other institutions
3.10 ANCs
3.11 Incorrect Deeds Office Records
3.12 Inconsistent applying of circulars, conference resolutions
3.13 Rulings
3.14 Consultation time
3.15 References to Authority.
4. EFFECTIVE DATE
The circular will be effective immediately (18 February 2019)
Reader Comments:
It should be brought to the attention of all Practitioners that clause 3.15 of the Circular was taken on review and same was withdrawn. The relevant practice, as it always has been, remains and thus no reference to the date and place of the Resolution need be disclosed.
Once again evidence of a lack of legal acumen within the operation of the Deeds registry system. The same incorrect interpretation was (is)applied in other Registries as well. Thankfully Cape Town has hitherto applied it correctly.
Leave a comment: