Lengthy conditions

Deeds controllers spend valuable time and energy endorsing deeds where the description of the servitude is lengthy or complicated. Few deeds controllers and practitioners are aware that regulation 62 of the Act provides that the Registrar of Deeds is permitted to request the conveyancer executing the deed of transfer to lodge an extract of the servitude, certified by the conveyancer, for annexure by the Registrar to the deeds requiring endorsement.

The above practice will obviously save deeds controllers time and energy and will also contribute to the neatness of the deed. Also, where a condition is lengthy or complicated, the transcription thereof does not always tell the whole story or gives a skewed impression of the condition. However, a word of warning to deeds controllers: Don't exploit this regulation by requesting annexures of servitudes or conditions which are capable of being endorsed without much effort. Where annexures are lodged, the following procedure should be followed:

Deeds controller endorses the deed as follows:
"The within mentioned property is subject to a servitude in favour of …………………. (describe the dominant tenement) which terms of the servitude are set out in Annexure A attached to this deed.

As will more fully appear from

The annexure will be attached to the deed of transfer as a separate page certified by the conveyancer and signed and dated by the Registrar on execution.

The above practice should contribute to neater deeds and a lighter work load.

Published with permission from SA Deeds Journal

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