Conference Resolutions - 2013

INTRODUCTION

The Annual Registrars’ Conference was held from 28 October to 1 November 2013. 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 64 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 2014 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

1/2013 - The following Registrars' Conference Resolutions are withdrawn:

• RCR 31 of 1987 (see RCR 44 of 2013)
• RCR 2 of 1994 (see RCR 45 of 2013)
• RCR 83 of 2010 (see RCR 4 of 2013)
• RCR 36 of 2002 (see RCR 13 of 2013)
• RCR 54 of 2010 (see RCR 14 of 2013)
• RCR 19 of 2011 (see RCR 4 of 2013)
• RCR 42(a) of 2011 (see CRC 3 of 2012, as well as RCR 11 of 2013)
• RCR 70(c) of 2011 (see CRC 7 of 2013)
• RCR 2 of 2012 (see RCR 13 of 2013)
• RCR 6 of 2012 (see RCR 14 of 2013)
• RCR 7 of 2012 (see RCR 4 of 2013)
• RCR 46 of 2012 (see RCR 18 of 2013)
• RCR 57 of 2012 (see RCR 20 of 2013)
• RCR 56 of 2012 (see CRC 7 of 2013)
• RCR 61 of 2012 (see amendment to Form H of Act No. 95 of 1986)
• RCR 64 of 2012 (see RCR 21 of 2013)
• RCR 88 of 2012 (see RCR 22 of 2013)
• RCR 74 of 2012 (see RCR 24 of 2013)

B. PREVIOUS REGISTRARS' CONFERENCE RESOLUTIONS

• 2/2013 - RCR 34 of 2009 and RCR 14 of 2011 
• 3/2013 - RCR 12 of 2012: Unilateral cession of personal servitude
• 4/2013 - RCR 19 of 2011: Opening of a sectional title register by executor
• 5/2013 - RCR 32 of 2004: Redistribution agreement and TDR
• 6/2013 - RCR 7 of 2007: Regulation 68(1)
• 7/2013 - RCR 39 of 2007 - Children's Act of 2005
• 8/2013 - RCR 45 of 2007: Section 25(6A) - Reservation of a Right
• 9/2013 - RCR 8 of 2009: Right of Extension and section 15B(3) Certificates
• 10/2013 - RCR 29 of 2009 and RCR 22 of 2010: Notarial Deed for mining methods
• 11/2013 - RCR 42(a) of 2011: Name change of a Home Owner's Association
• 12/2013 - RCR 61 of 2011: Section 17 - Personal Servitudes
• 13/2013 - Erroneously registered exclusive use areas ( RCR 36 of 2002 and RCR 2 of 2012)
• 14/2013 - Property sold in execution and subsequent sequestration of the estate of the debtor (RCR 6 of 2012 and RCR 54 of 2010)
• 15/2013 - RCR 22 of 2012: Description of a Commandite Partnership
• 16/2013 - RCR 27 of 2012: Date of transaction where massing and adiation take place
• 17/2013 - RCR 28 of 2012: Description of parties to a polygamous marriage
• 18/2013 - RCR 46 of 2012: Section 10A and 10B of the Housing Act 107 of 1997 conditions
• 19/2013 - RCR 54 of 2012: Section 22 and Bonds
• 20/2013 - RCR 57 of 2012: Creation of servitudes under section 29(3)
• 21/2013 - RCR 64 of 2012: Power of developer to subdivide, consolidate and extend
• 22/2013 - RCR 68 of 2012: Description of a real right of extension
• 23/2013 - RCR 70 of 2012: Application for cancellation of plans and cancellation of servitudes
• 24/2013 - RCR 74 of 2012: Description of common property

C. DEEDS REGISTRIES ACT NO. 47 OF 1937

• 25/2013 - Conversion of a Company and endorsement in terms of section 3(1)(v)
• 26/2013 - Application of section 36 of Act 47 of 1937

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

• 27/2013 - Underhand consents for waiver of a fideicommissum
• 28/2013 - Lease agreement entered into by executor
• 29/2013 - Cancellation of a bond where bondholder is a finally de-registered company and not capable of being traced
• 30/2013 - Registration of servitude over leased land
• 31/2013 - Leases and sub leases of land
• 32/2013 - Cancellation and registration of servitude
• 33/2013 - Defunct Home Owner's Association
• 34/2013 - Cancellation of pre-emptive right and transfer duty
• 35/2013 - Transfer duty on cancellation of notarial lease agreement
• 36/2013 - Black-booking of holders of vested rights who have waived such rights
• 37/2013 - Power of attorney
• 38/2013 - Cancellation of charges that were registered in favour of the South African Development Trust
• 39/2013 - Vesting in Partnerships

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

• 40/2013 - Administration of Black Estates
• 41/2013 - Act 70 of 1970
• 42/2013 - Section 49 of the Estate Act

F. SECTIONAL TITLES ACT NO. 95 OF 1986

• 43/2013 - Dealing with real rights - section 49(4)(d)
• 44/2013 - Section 10
• 45/2013 - Section 10 Affidavit
• 46/2013 - Section 15B(5)
• 47/2013 - Section 27(1A)
• 48/2013 - Section 25 - Extension of a right to extend a scheme

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

• 49/2013 - Form W

H. GENERAL (ACT NO. 95 OF 1986)

• 50/2013 - Sale of exclusive use area by holder and usufructuary
• 51/2013 - Establishment of body corporate
• 52/2013 - Lost or destroyed rules of a scheme
• 53/2013 - Closure of sectional Title Scheme and bonds
• 54/2013 - Bona vacantia property
• 55/2013 - Form W
• 56/2013 - Registration of a sectional plan of extension of a scheme
• 57/2013 - More than one section in a sectional title deed
• 58/2013 - Divorcees as joint developers
• 59/2013 - Use of existing plan of real right where right has lapsed

I. INPUTS RECEIVED FROM THE OFFICES OF THE SURVEYOR GENERAL FOR DISCUSSION

• 60/2013 - Upgrading of quitrent titles in the former Transkei
• 61/2013 - Applicability of Act 70 of 1970 for subdivisions required by SANRAL
• 62/2013 - Numbering of duplicate servitude diagrams
• 63/2013 - Regulation 20(2) of Act No. 8 of 1997
• 64/2013 - General Plans - Section 14 Act No. 8 of 1997

Registrars' Conference Resolutions 2013