Regulation 25 of the Deeds Registries Act 47 of 1937 stipulates that:
"Every deed and document executed in or lodged for registration or record in a Deeds Registry shall disclose the place and date of execution thereof."
This is, for example, the date and place of execution of the special power of attorney (SPA) lodged with the deed of transfer or bond, and the date of execution of the deed, i.e. in the execution clause at the end of the deed where the registrar of deeds executes the deed. When the SPA is executed and dated as provided for in regulation 25, notes must not be raised to comply with regulation 25 when the date of execution of the SPA is omitted in the preamble of the deed.
Simply raise a note that the date and place of signing of the SPA must be completed in the preamble of the deed. Regulation 25, in respect of the deed of transfer or bond, will be complied with upon execution of the deed by the registrar of deeds.
Leave a comment: