● An incorrect erf number contained in a title deed may be amended in terms of section 4(1)(b) of the Deeds Registries Act 47 of 1937, provided it can be proved that it was an error in registration and no real right is thereby being transferred RCR 8 of 2003.
● Personal servitudes, other than the common law servitudes referred to in section 66 of the Deeds Registries Act 47 of 1937 are capable of being ceded, depending on the nature and terms for which the servitude was created (Durban City Council v Woodhaven Limited and Others 1987 (3) SA 555 (A)) and RCR 15 of 2003.
● A notarial cohabitation contract, in terms of Act 13 of 2002, as provided for in Passport Control Instruction No. 9 of 2003 is not registerable in a deeds registry RCR 7 of 2004.
● The name of a trust can be amended in terms of section 93 of the Deeds Registries Act 47 of 1937, provided proof is lodged from the Master of the High Court as to the change of name RCR 13 of 2004.
● Where a servitude over agricultural land is registered in general terms as provided for in regulation 73 of the Deeds Registries Act 47 of 1937, a consent in terms of the Subdivision of Agricultural Land Act 70 of 1970 must be lodged, or proof must be submitted from the Minister that the servient tenement is not agricultural land RCR 18 of 2004 and CRC 6 of 2002.
● A rates clearance certificate issued for the remainder of land cannot be accepted for the transfer of a subdivided portion of such remainder, unless such rates clearance certificate is accompanied by a letter from the local authority concerned that such rates clearance certificate covers the subdivided portion being transferred RCR 36 of 2006.
● A usufruct cannot be registered over a real right of extension RCR 6 of 2007.
● An authorized agent cannot make an oath on behalf of his/her principal and can thus not bring an affidavit for a certified copy in terms of regulation 68(1) or for the cancellation of a lost bond in terms of regulation 68(11) of the Deeds Registries Act 47 of 1937, unless it is within his / her personal knowledge.
● It is not permissible to register property in the name of a joint venture RCR 29 of 2007.
● When a sectional title register is opened on agricultural land, proof must be submitted that the provisions of the Subdivision of Agricultural Land Act, 70 of 1970 and the Advertising on Roads and Ribbons Development Act, 21 of 1940 are not being contravened RCR 48 and 49 of 2007.
● A personal servitude of usufruct, usus and habitatio can be registered in respect of an undivided share in land RCR 6 of 1987.
● The cancellation of a praedial servitude must always be effected bilaterally, albeit the holder abandoning his/her rights RCR 10 of 1987.
● Where a bond has been ceded as security and the bondholder waives preference in respect of such bond, the cessionary of the security must also be a party to the waiver RCR 26 of 1988.
● Where a unit is transferred it is the responsibility of the deeds registry to ensure that any exclusive use area(s) linked to such unit not necessarily notarially tied be simultaneously transferred to the transferee RCR 28 of 1989.
Any comments would be appreciated and contact me should you have any questions.
TONKIN CLACEY PRETORIA
012 346 1278