Regulation 68(1) copies

Schemes that were opened under the previous Sectional Titles Act, 66 of 1971
Previously under the repealed Sectional Titles Act of 1971, when units were transferred the conveyancer had to lodge a conveyancers certificate in terms of section 11(4) of Act 66 of 1971. This certificate was given an ST number. The holding title of the unit remained the original certificate of registered sectional title and the transfer of the unit was endorsed against this title.

Prior to 1992 the data section used to disclose this ST number as the holding title deed number on the printout. Ever since 1992 the practice was discontinued.

When examining a VA copy it is therefore necessary to check the title deed reference on the property printout if the year of registration of the title deed is prior to 1992.

If the advertisement for the lost deed refers to the conveyancer's certificate then the transaction must be rejected, unless for some unknown reason the request is actually made for the issue of a copy of the conveyancer certificate.

The lost deed will then have to be re-advertised and the advertisement must reflect the correct reference of the holding title.

Schemes opened under the present Sectional Titles Act, 95 of 1986
A conveyancers's certificate was still issued in terms of section 15(4) of the new Sectional Titles Act of 1986. This section was only substituted on 1 January 1992 by section 9 of the Sectional Titles Amendment Act, Act 63 of 1991. Section 10 of Act 63 of 1991 inserted the present sections 15A and 15B of the new Act. Since section 15B became operational on 1 January 1992, the allocation of an ST number to the conveyancer certificate was discontinued. Therefore the only holding title reference reflected on the printout is that of the holding sectional deed of transfer.

A Registrar's Circular 1 of 2004 (which is available on demand) was issued in the Pietermaritzburg deeds registry in order to enforce the above.

Republished with permission