Various Registrars' Circulars - 01/2020

Bloemfontein Registrar’s Circular No 1 of 2020

NEW PROCEDURE FOR REGULATION 68 APPLICATION FOR DEEDS REGISTERED AFTER 1 JANUARY 2020

1. PURPOSE
To provide practice and procedures for application for lost, destroyed, defaced or damaged copies of title deeds conferring title to land or any interest therein or any real right, or any registered lease or sublease of registered cession thereof or any mortgage bond or notarial bond which is to be used to serve in place of the lost or destroyed original deed (VA).

2. BACKGROUND
Regulation 68(1E)(a) now provides that certified copies of deeds referred to in sub regulation (1) may not be issued unless the applicant has published substantially in the prescribed form JJJ or KKK, a notice of intention to apply for such certified copies in an issue of a newspaper circulating in the area in which the land is situated, and in the case of a notarial bond in an issue of one or more newspapers circulating in the area of every deeds registry in which such notarial bond is registered.

The applicant must ensure the availability of title in the deeds registry before the notice is placed for publication. Should the applicant publish the notice without the office confirming the availability of the copy, the Registrar of Deeds will not be liable for wasted expenditure.

In the event, during examination it is determined that the copy is in fact incomplete or unusable, the registrar will immediately inform the client to follow the applicable legislation.

The proviso to regulation 68(1) of the Deeds Registries Act 47 of 1937 now provides that if the Registrar is satisfied that any deed mentioned therein, namely in sub regulation (1), has inadvertently been lost, destroyed, defaced or damaged by him/her, it will be competent for him/her to issue a copy thereof without the need to comply with sub-regulation (1E).

3. NEW PROCEDURE FOR APPLICATION OF THE REGULATION 68(1)

3.1. Guidelines for internal compliance with Regulation 68 (1E) Deeds Registries Act, 1937 (Act 47 of 1937)

3.1.1. Publication of the notice of intention to apply for lost, destroyed, defaced or damaged copy for the issuing of copy must be done in the prescribed form. (JJJ for deeds and KKK for bonds)

3.1.2. The Registrar must be provided with a copy of the notice in 3.1.1. upon/on the day of publication.

3.1.3. The conveyancer/applicant must complete the register as proof of submission at the office of the Registrar, room B29.

3.1.4. The registrar will record/ note a caveat on the property printout of the affected title deeds, with a status 'VA pending".

3.1.5. The Registrar shall upon receipt of the notice allow the viewing of the deeds for a period of two weeks from date of publication to any interested person free of charge as contemplated in regulation 68(1E)(a). Should there be any objections, which must be in writing; the Registrar will allow the viewing of the intended copy of title on the system.

3.1.6. The Registrar will inform the client/applicant in writing of the objection received and record/ note a caveat on the property printout of the affected title deeds to the effect that there is an objection to the issuing of the copy. The examiners will not pass a transaction up until the applicant/conveyancer has disposed of the matter to the satisfaction of the registrar.

3.1.7. After two weeks the conveyancer shall then proceed with the lodgement of the application, affidavit as well as proof of the publication for the lost or destroyed copy. The registration must be done within 3 months from the date of expiry of the two weeks, if not lodged the caveat will be removed, after which re-advertisement must be done.

3.1.8. Should the transaction be passed the examiner will make an office note to purge the caveat after registration.

3.1.9. Should the transaction be rejected, the copy must be removed by the examiner; the examiner must return it to the registration section and it must be placed back in the “VA pending" box at the interdict section.

3.2. Regulation 68 (11) Deeds Registries Act, 1937 (Act 47 of 1937).

3.2.1. The provision of regulation 68 (15) does not apply in respect of application in terms of Reg. 68(11) of the DRA.

This circular shall come into operation with effect from 02 January 2020. Deeds lodged before 02 January 2020 already in the system should continue to be registered, however, if rejected the new procedures must be complied with.

Bloemfontein Registrar's Circular No 1 of 2020

Cape Town Registrar’s Circular No 1 of 2019

RE: NEW PROCEDURE FOR REGULATION 68 APPLICATION FOR DEEDS REGISTERED AFTER 1 January 2020

RE: Amended Regulation 68 as per GG No. 42813 dated 1 November 2019

All previous circulars relating to these procedures within our office, are hereby withdrawn as from 1 January 2020 and replaced herewith. This circular must be read with CRC 5 of 2019.

1. The conveyancer must submit the request for a VA copy at the Information Section prior to the advertisement together with a copy of the application ito Regulation 68. A copy of the deed, duly stamped but unsigned, will be provided. An information copy fee will be levied.


2. The Notice of Intention to Apply in terms of Regulation 68 (the format of Form JJJ must be utilised) must contain the registration details as it appears in the Deeds records. The Notice may be submitted to the Registrar for approval prior to the advertisement. The address of the Registrar must be reflected as Room 1216, 12th Floor, 90 Plein Street, Cape Town.


3. The Registrar must be advised timeously in writing of the date from which the replacement copy must lie for inspection together with photocopies of the replacement deed and the signed application. It may be accepted that there has not been any objection if there has not been any communication from the Registrar. If there is an objection same will be noted as a caveat until resolved. The applicant/ representative will be advised.


4. After the expiry of this period, the normal lodgement and examination process must be followed, accompanied by the proof of advertisement. Examiners must check for compliance with the time frame.


5. Please note that the advertisement process is not necessary where it can be proved that the deeds were lost whilst under the control of the Registrar of Deeds or where the damaged /defaced deed is produced to the Registrar for impoundment.

Cape Town Registrar's Circular No 1 of 2019

King William’s Town Registrar’s Circular No 1 of 2020

NEW PROCEDURE FOR LOST OR DESTROYED COPY IN COMPLIANCE WITH REGULATION 68(1E) EFFECTIVE FROM 02/01/2020

Due to amendment of Regulation 68 of the Deeds Registries Act by GG 42813 dated 01/11/2019, the procedure for the issuing of copies has to be amended.

1. The conveyancer must submit a copy of the Notice to be published in the prescribed Form indicating the date of publication together with a duly obtained copy for information of the relevant title deed to the Information Section prior to the date of advertisement.


2. Information Section must date stamp the copy of the notification in order to determine the calculation of the two week inspection period as prescribed in Regulation 68(1E)(b). The notice and the copy for information must lie for inspection by anyone who may have an interest at the information section commencing from the first date of advertisement.


3. Application in terms of Regulation 68(1) must be lodged after the expiry of the two week period provided in the regulation where after the normal office procedure regarding the issue of lost copies will apply. Proof of the advertisement must be lodged and compliance with the time frames be checked.


4. New copies for examination and registration have to be made and endorsed during examination as the quality of the copies for inspection may have been affected.


5. Applications made before the commencement of the amended regulations (01/01/2020) will only be accepted until 31/01/2020.


6. This circular must be read with CRC 5/2019 and RC 6/2017 and is of immediate effect.

King William's Town Registrar's Circular No 1 of 2020

Pietermaritzburg, Registrar’s Circular No 1 of 2020

NEW PROCEDURE RELATING TO REGULATION 68 APPLICATIONS

1. PURPOSE
The purpose of this circular is to clarify the procedure relating to the new amendments to Regulation 68 of the Deeds Registries Act 47 of 1937, this circular must be read in conjunction with CRC 5 of 2019.

2. BACKGROUND AND IMPLEMENTATION DATE
The amended regulations, published under Government Notice No. R. 1418 in Government Gazette No. 42813 dated 1 November 2019, shall be effective two months from date of publication thereof. From a practical implementation point the amended provisions must therefore be complied with from 2 January 2020, this means that all applications lodged for registration as from the 02 January 2020 must follow the new provisions.

3. PROCEDURE

1. The conveyancer must submit the Notice of Intention to apply for such certified copy in terms of Regulation 68 of Act 47/1937 - Form JJJ and KKK, together with proof of publication in the newspaper circulating in the area in which the land is situated and a copy of the intended application, to the Assistant Registrar of Deeds: Information Section in Room 411 Regulation 68(1E)(a). The notice of intention to apply must contain the registration details as it appears in the Deeds Registry records.


2. The Assistant Registrar: Information Section/ delegate must record such notice in his/her register, to indicate receipt and stamp the client's copy of the notice with the official stamp, to acknowledge receipt. A copy of the deed will then be generated, attached to the Notice of Intention (Form JJJ and KKK) and be laid for inspection at the Information Section for a period of 2 weeks - Regulation 68(1E)(b).


3. If the Registrar of Deeds receives an objection, he will formally inform the applicant of receipt of such and a caveat will be noted to indicate that the application for a certified copy of the title in question is subject to an objection – Regulation 68(1E)(c). The application for a certified copy will not be proceeded with until written communication, from both the applicant and the objector, is lodged with the Registrar of Deeds confirming that the objection has been resolved and the application may proceed.


4. After the expiry of the 2 week period from date of publication, the normal lodgement and examination process must be followed, accompanied by the proof of advertisement - Regulation 68 (1E) (a). Examiners must check for compliance with the time frame


5. In a case where the Deeds Office copy is lost and same has been confirmed after an extensive search, the Registrar of Deeds will immediately inform the applicant in writing to invoke the provisions of Section 38 of the Deeds Registries Act.


6. Take note that the publication/advertisement process is not applicable where it is proven that the deeds were lost/ destroyed/defaced/damaged whilst in the custody of the Registrar of Deeds or where the damages/ defaced deed is produced to the Registrar of impoundment and is also not applicable where applications are lodged in terms of Regulation 68(11) for the cancellation of lost bonds.


7. The address of the Registrar must be reflected in the notice of intention to apply, as Registrar of Deeds: Pietermaritzburg, High Court Building, 300 Pietermaritz Street, Pietermaritzburg.

4. This circular comes into effect from the 13th January 2020.

Pietermaritzburg Registrar's Circular No 1 of 2020

For Johannesburg see Johannesburg Registrar's Circular No 1 of 2020