CRC No 6 of 2004

This circular starts with the findings of Deputy Judge President Flemming in Joubert and Others v Van Rensburg and Others, 2001 (1) SA 253 which obiter cast doubts on the legality of the deeds registries' practice of registering property in the trustees for the time being of a Trust.

It continues with a discussion of the reasons behind the passing of the Deeds Registries Amendment Act 9 of 2003. Unfortunately the definition caused more confusion than clarity since on a proper construction it relates to immovable property only, thereby excluding movable property such as bonds. A further problem of interpretation is what is meant by 'immovable trust property'?

In turning to Mkangeli and Others v Joubert and Others 2002 (4) SA 36, it is noted that the question of the legality or otherwise of registering deeds in favour of trustees for the time being of a Trust was left open. In the light of the above then, the Registrar feels a need to answer to the practical effects of the practice of registering deeds in the names of trustees for the time being of a Trust. His conclusion is that there is no practical difference in vesting an asset in the trustees for the time being of a Trust and vesting such assets in the name of a Trust since the vesting is always in the name of a Trust. Thus the deeds office is asked to accept any of the vestings.

CRC 6 of 2004