PRETORIA REGISTRAR'S CIRCULAR 4/2018 NATURE OF SERVITUDE TO BE REFLECTED ON DIAGRAMS AND GENERAL PLANS
To provide guidance on how to deal with diagrams pertaining to the registration of servitudes on existing properties and servitude notes on approved general plans.
In instances where a diagram is framed and subsequently approved for the purpose of the registration of a servitude or servitude area over a property, it causes various challenges, if the nature of the servitude is not reflected on the diagram. At a meeting held on 5 August 2015 between the Office of the Surveyor General (Gauteng) and the Pretoria Deeds Registry, where it was agreed that the Surveyor General (Gauteng) in future will only approve servitude diagrams if it describes the nature of the servitude to be registered on the diagram itself.
3. Existing diagrams and general plans
Diagrams and general plans which was approved by the Office of the Surveyor General before the agreement as referred to in paragraph 2 was reached, will not be updated or amended by the Surveyor General in this regard. Examiners must not raise notes to conveyancer to refer the diagrams or general plans to the Surveyor General to amend the same.
4. New diagrams and general plans
When approved servitudes are carried forward onto subsequent diagrams and general plans, the wording appearing on the original document must be retained.
This implies that servitude notes on new diagrams and general plans, referring to servitudes created after the date of agreement mentioned in paragraph 2, will reflect the nature of the servitude.
Servitude notes on new diagrams and general plans, referring to servitudes approved prior to the date of agreement mentioned in paragraph 2, which made no reference to the nature of the servitude, will be carried forward onto the subsequent diagram and/or general plan without any such reference and examiners must not call on conveyancers to refer the diagrams or general plans back to the Surveyor General to amend the same.
This in principle will mean that some servitude notes on diagrams and general plans, although approved after the date of the agreement as in paragraph 2, will not necessarily reflect the nature of the servitude.
5. Effective date
This circular will be effective immediately. (7 June 2018)
PRETORIA REGISTRAR'S CIRCULAR 5/2018 MUNICIPAL PLANNING BY-LAW SPREADSHEET
The Pretoria Deeds Registry has implemented a Planning By-law spreadsheet pertaining to the application of the registration procedures relating to the Municipal Land Use Management Bylaws. As a result it became necessary to withdraw the circular which is inconsistent with the said spreadsheet.
The Municipal Planning By-law spreadsheets in the Pretoria Deeds Registry are updated constantly to include changes in procedures as they are promulgated.
3. Current procedure
Whenever the Municipal Planning By-law spreadsheet in the Pretoria Deeds Registry is updated, it will be forwarded to all examiners. They must consult the latest version of the spreadsheet when examining any transaction which may be affected by the Municipal Land Use Management By-laws.
4. Withdrawal of circulars
This circular repeals RC 7/2016 with immediate effect. (5 June 2018)