Which examiner, conveyancer, Deputy Registrar or Registrar, is conversant with all of the above? Where a reference is made to e.g. RCR 21/1998, is there anyone who will immediately know what this resolution is about? No-one? Then why do examiners make notes that only say: "Comply with RCR 21/1998", or conveyancers certify that a specific Chief Registrar's Circular does not apply?
Specific Circulars or resolutions got stuck with some examiners and suddenly references in the above regard appear in notes and the reader has to consult legislation to find out what it is about. So unnecessary! Examiners should be trained to describe the mistake, followed by the authority, on which the note was based, e.g. "Complete full details of spouse in vesting (RCR 21/1998)." It is sound practice to refrain from referring to the authority only.
Marie Grovè
Deeds Training
Republished with permission from SA Deeds Journal
Leave a comment: