Conference Resolutions 2012

INTRODUCTION

The Annual Registrars’ Conference was held from 22 to 26 October 2012. This Conference was attended by senior managers from the ten deeds registries, as well as the senior managers from the offices of the Surveyors General. Also present were representatives from each of the Provincial Law Societies.

In total 81 matters were discussed and resolutions taken. These relate to the day to day practice of Conveyancing and Notarial Practice, and became operative on the 2nd January 2013 vide CRC 16 of 2005.

All persons involved in conveyancing and notarial practice must take cognizance of the resolutions, as some have altered the practice and others have merely confirmed the existing practice.

The resolutions taken have been divided into specific categories, which are now dealt with under the said headings.

A. WITHDRAWAL OF PREVIOUS REGISTRARS' CONFERENCE RESOLUTIONS

1/2012 - The following Registrars' Conference Resolutions are withdrawn:

RCR 21 of 1961: (see RCR 27 of 2012);
RCR 15 of 2002: (see amendment to regulation 68(11A) of the Deeds Registries Act, 47 of 1937);/li>
RCR 45 of 2003: (see RCR 63 of 2011, as well as RCR 3 of 2012);
RCR 42 of 2005; (see RCR 5 of 2011);
RCR 4 of 2009: (see amendment to regulation 68(11A) of the Deeds Registries Act, 47 of 1937);
RCR 77 of 2010: (see regulation 25A of the Sectional Titles Act, 95 of 1986);
RCR 79 of 2010: (see amendment to Form AK);
RCR 13 of 2011: (see RCR 10 of 2012)./li>

B. PREVIOUS REGISTRARS' CONFERENCE RESOLUTIONS

2/2012 - RCR 36 of 2002: Cancellation of an exclusive use area
3/2012 - RCR 45 of 2003 and RCR 63 of 2011: Transfer of whole of common property
4/2012 - RCR 55 of 2006: Description of developer
5/2012 - RCR 60 of 2008 and RCR 13 of 2011: Noting of lapsing of a section 25 right
6/2012 - RCR 54 of 2010: Property sold in execution
7/2012 - RCR 83 of 2010, as amended by RCR 19 of 2011: Opening of sectional title register by executor
8/2012 - RCR 89 of 2010 (as amended by RCR 20 of 2011): Cancellation of servitude to which the common property is entitled to and section 72(2)bis of Act No. 47 of 1937
9/2012 - Incorrect Heading to RCR 11 of 2011
10/2012 - RCR 13 of 2011, RCR 8 of 2009 and RCR 31 of 2010: Noting of lapsing of section 25 right
11/2012 - RCR 67 of 2011: Acquiring of extended right in terms of section 25 of the Sectional Titles Act, 95 of 1986
12/2012 - RCR 76 of 2011 – consent of bondholder
13/2012 - RCR 31 of 2006 and RCR 14 of 2008: Use of Abbreviations in deeds and documents
14/2012 - RCR 48 of 2007 referring to consents in terms of Act 70 of 1970 must be reconsidered

C. DEEDS REGISTRIES ACT NO. 47 OF 1937

15/2012 - Section 4(1)(b)
16/2012 - Dealing with bonds where title is cancelled in terms of section 6 of the Deeds Registries Act 47 of 1937
17/2012 - Section 20 and passing of transfer
18/2012 - Consent in terms of section 65(3) re Eskom and Rand Water Board
19/2012 - Erroneous removal of condition in terms of section 68(1) and rectification thereof

D. REGULATIONS TO THE DEEDS REGISTRIES ACT 47 OF 1937

20/2012 - Calculation of Fee in terms of Regulation 84

E. GENERAL - (ACT NO. 47 OF 1937)

21/2012 - Bewind trust
22/2012 - Description of a Commandite Partnership
23/2012 - Passing of bond by executor
24/2012 - Waiver of limited interest
25/2012 - Power of executors to transfer
26/2012 - Registration of a lease agreement in respect of a portion of a building
27/2012 - Date of transaction where massing and adiation takes place
28/2012 - Description of parties to a polygamous marriage
29/2012 - Diagrams for habitatio: regulation 73(2)
30/2012 - Disclosure of particulars in Consents
31/2012 - Partition of land subject to Fideicommissum: Consent of the trustee in respect of the Insolvent Fideicommissary Heir
32/2012 - Referral of the servitude diagram to the SG for plotting – should it be before or after registration of the servitude?
33/2012 - Consents to sub division and endorsements on Power of Attorney in terms of Regulation 38 of Ordinance 15 of 1986
34/2012 - Value of property
35/2011 - Portion of a public space or public street closed and converted to an ordinary erf in terms of Ordinance 15 of 1985
36/2012 - Attachment notice referring to incorrect property description
37/2012 - Powers of a business rescue practitioner
38/2012 - Language of draft bond
39/2012 - Home Owners Association conditions
40/2012 - Cession of a long term lease

F. OTHER LEGISLATION THAT HAS AN IMPACT ON ACT NO. 47 OF 1937

41/2012 - Section 42(2) of Act No. 66 of 1965
42/2012 - Section 20 of the Alienation of Land Act, 68 of 1981
43/2012 - Section 2 of the Transfer Duty Act, 40 of 1949
44/2012 - Application in terms of section 39(3) of the Administration of Estates Act, 66 of 1965, where property is attached
45/2012 - Purchase date of a first transfer before the proclamation date of the township
47/2012 - Transfer of remainder of farm with a date of sale prior to the date of issue of the Act 70 of 1970 consent/li>
48/2012 - Endorsement of title deeds in terms of Item 28(1) Schedule

G. SECTIONAL TITLES ACT NO. 95 OF 1986

49/2012 - Section 14(8) and cancellation of plans by order of court
50/2012 - Section 17: extending clause in deed of transfer
51/2012 - Section 17: Transfer of part of the common property which includes part of an exclusive use area
52/2012 - Section 18 and bonds registered over real rights
53/2012 - Sections 22 and 23 and usufruct
54/2012 - Section 22 and bonds
55/2012 - Section 25 and lapsing of real right of extension
56/2012 - Section 25 and RCR 70 of 2011
57/2012 - Creation of servitudes under section 29(3)
58/2012 - Section 48(3)(a): rebuilding of the whole or part of the building(s)
59/2012 - Section 49(3)(b) and rights of habitatio

H. REGULATIONS TO SECTIONAL TITLES ACT NO. 95 OF 1986

60/2012 - Regulation 28 and separate title for exclusive use area
61/2012 - Sections transferred under the Sectional Titles Act, 1971 and Form H
62/2012 - Regulation 28(2) endorsing of title deed

I. GENERAL (ACT NO. 95 OF 1986)

63/2012 - Erroneous cancellation of a real right of extension
64/2012 - Power of developer to subdivide, consolidate and extend
65/2012 - Translation of exclusive use areas
66/2012 - Registration of praedial servitude over a section
67/2012 - Cancellation of a portion of a real right of extension
68/2012 - Description of real right of extension
69/2012 - Revival of title deed and endorsement thereof
70/2012 - Application for cancellation of plans and cancellation of servitudes
71/2012 - All units registered in developer’s name: Section 14(6) and 14(7)
72/2012 - Description of exclusive use areas
73/2012 - Section 25: no certificate of real right
74/2012 - Description of common property
75/2012 - Section 11(3)(b) certificate
76/2012 - Extension of a section onto adjoining exclusive use area
77/2012 - Partial destruction of a section
78/2012 - Title conditions prohibiting opening of sectional title
79/2012 - Lapsing of right of extension
80/2012 - Sectional Title scheme notarially tied to land outside of a scheme
81/2012 - Section 14(5) of the Sectional Titles Act, 95 of 1986: Amendment and cancellation of Sectional Plans

Registrars' Conference Resolutions 2012

Conference Resolutions 2012

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