INTRODUCTION
The Annual Registrars’ Conference was attended by senior managers from the 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 24 matters were discussed and resolutions taken. These relate to the day to day practice of Conveyancing and Notarial Practice, and become operative on the 2nd January 2019, vide CRC 16 of 2005.
Everybody 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
1/2018 The following Registrars’ Conference Resolutions are withdrawn:
- RCR 52/1952 (see RCR 2/2018)
- RCR 2/1996 (see RCR 3/2018)
- RCR 26/2006 (see RCR 13/2018)
- RCR 47/2007 (see RCR 4/2018)
- RCR 75/2011
- RCR 4/2017
- RCR 21/2017
B. PREVIOUS REGISTRARS' CONFERENCE RESOLUTIONS
- 2/2018 - Section 4(1)(b) - Error in an Antenuptial Contract of which the client copy is lost.
- 3/2018 - RCR 2/1996 Section 4(1)(b) - Error.
- 4/2018 - Deregistration of Home Owner's Association by Companies and Intellectual Property Commission.
C. GENERAL - (DEEDS REGISTRIES ACT NO. 47 OF 1937)
- 5/2018 - Section 16 of Act No. 47 of 1937: Application to endorse a land title where property vests in a certain municipality.
- 6/2018 - Section 76(1)bis of Act No. 47 of 1937.
D. GENERAL - (ACT NO. 47 OF 1937)
- 7/2018 - VA copy for a bond
- 8/2018 - Signature by a mere mark.
- 9/2018 - Electronic Signature
- 10/2018 - Waiver of real rights not registered in favour of the bond.
- 11/2018 - Removal of Condition in title deed.
- 12/2018 - Pre-lodgement full initialling on the Power of Attorney.
- 13/2018 - Suspicious signatures/initials.
- 14/2018 - Transfer in pursuance of a claim: Deceased estate.
- 15/2018 - Lost divorce settlement.
- 16/2018 - Sheriff's Transfer.
- 17/2018 - Amended Regulation 44A - Reference to nature of authorization.
- 18/2018 - Application for a change of name.
- 19/2018 - A notarial lease agreement.
E. OTHER LEGISLATION THAT HAS AN IMPACT ON ACT 47 OF 1937
- 20/2018 - The authority for appointment of a curator by the Master.
F. SECTIONAL TITLES ACT 95 OF 1986
- 21/2018 - Section 14(5) of Act No. 95 of 1986: (Deeds Training).
G. SECTIONAL TITLES ACT 95 OF 1986
- 22/2018 - The holding clause of a notarial cession of exclusive use areas.
- 23/2018 - Lost Notarial Deeds of Cesson of Exclusive Use Area.
H. GENERAL MATTERS
- 24/2018 - Compliance with section 38 of Act No. 47 of 1937 with transfer of expropriated land when Deeds Office copy ia also not available.
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