PROCEDURE TO BE FOLLOWED WITH REGARD TO THE EXPEDITING OF DEEDS
1. The following procedure must be followed with regard to the expediting of deeds:
1.1. The conveyancer/person contemplated in section 15A(2) (hereinafter referred to as "statutory officer"), must make written application to the Registrar of Deeds for the expediting of the deed(s);
1.2. The application referred to above must contain the following information:
1.2.1. A full description of the transaction, including the names of the parties, the type of transaction and the property description;
1.2.2. Full motivation why the transaction should be expedited;
1.2.3. A certificate stating that there are no interdicts, orders of Court or any other encumbrances applicable to or pending against the transaction;
1.2.4. Provision for the name and signature of the applicant conveyancer/statutory officer as well as the date on which the application is made, and
1.2.5. Provision for the name and signature of the Registrar of Deeds approving the application as well as the date upon which such approval is granted.
1.3. The conveyancer/statutory officer must sign and date the application and submit it to the Registrar of Deeds.
1.4. Upon approval of the application, the Registrar of Deeds must:
1.4.1. Sign and date the application form;
1.4.2. Affix a red sticker to the deed (or in the case of a set / batch of deeds, the first deed of such set or batch);
1.4.3. Write the following words on the cover of the deed: "Expedited for execution (or registration) on (date), if in order";
1.4.4. Affix his or her signature and date to the sticker;
1.4.5. Record the full particulars of the transaction, the date of the application, the name and firm number of the applicant conveyancer/statutory officer, and the name of the person (Registrar of Deeds or Deputy Registrar of Deeds) who authorised the expediting in a register kept for this purpose; and
1.4.6. Include the signed and approved application form as a supporting document with the deed or, in the case of a set or batch of deeds, with the first deed in such set or batch.
1.5. The deed(s) must thereafter be lodged by the conveyancer/statutory officer in the normal manner.
1.6. No deed or document shall be permitted to enter the deeds registration system process other than by way of lodgement.
1.7. No deed or document shall be permitted to bypass any registration process or any section within a deeds registry forming part of the normal deeds registration system process in that registry for that particular type of deed.
1.8. The task of expediting deeds may be delegated by the Registrar of Deeds to one Assistant Registrar of Deeds or one Deputy Registrar of Deeds in his/her registry.
1.9 Registrars of Deeds must strictly control the expediting procedures, and monitor such through regular inspection of the register referred to in paragraph 1.4.5 above.
2. WITHDRAWAL OF CHIEF REGISTRAR'S CIRCULAR NO. 5 OF 2010
Chief Registrar's Circular No. 5 of 2010 is hereby withdrawn. Chief Registrar's Circular No. 2 of 1993, which was withdrawn by CRC 5 of 2010, remains withdrawn.
Leave a comment: