I’m often confronted with the question as the weather the property description must be included in an application in terms of regulation 68 one of the Deeds Registries Act.
See the Circular below which addresses the issue
Regards
Allen West
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Deeds Registry – Pretoria – 17 October 2001
Certified Copies of Deeds in Terms of Regulation 68 of Deeds Registries Act 47 of 1937 – Registrar’s Circular No. 19/2001
To achieve uniformity in issuing certified copies of deeds in terms of Regulation 68, the following must be kept in mind by examiners:
1.1 Regarding the application.
• A full description of the land concerned (where applicable) is not required, but if disclosed, it must be correct.
• It will not be necessary to refer to registered bonds on the land/real rights in the application.
• If more than one bond i s registered against the title deed concerned and they are all in favour of the same bondholder, a single consent by the bondholder will suffice.
• If a certified copy in terms of Regulation 68 was previously issued in respect of the same deed, it must be disclosed in the application. Also see RCR 26.1 of 1996.
• If the circumstances under which the deed concerned got lost is unknown, it must be disclosed in the affidavit.
• The application and the required affidavit may be embodied in a single document.
• A person authorised thereto by general power of attorney may apply for a certified copy of behalf of the registered holder of the deed concerned. The affidavit required by Regulation 68 must however be made by the registered holder personally. Also see RCR 2.9 of 1999.
1.2 An up to date copy must be issued
In order to issue an up to date copy of the deed concerned, a computer printout must be obtained in respect of the land concerned (where applicable), and /or in respect of the owner the land or holder of the real right on the land, to ascertain if any interdict, caveat or expropriation is recorded against the land or deed in terms of which the deed still needs to be endorsed on becoming available. If so, the copy must be endorsed accordingly.
1.3 The endorsement certifying the deed as a true copy must, where there is sufficient space, be placed on the last page of the deed or otherwise on the reverse side of the last page.
1.4 Copies made for examination and microfilming purposes in cases of forced sales by the sheriff or for expropriation transfers are not copies in terms of Regulation 68(1) Act 47/37 and must therefore not be endorsed as stipulated in clause 1.3 above.
2. Registrar’s Circular No. 2/1999 is hereby repealed.
3. Paragraph C of Registrar’s Circular No. 9/1998 is hereby deleted.
4. Paragraph 10 of Registrar’s Circular No. 11/2001 is hereby deleted.
REGISTRAR OF DEEDS
PRETORIA
