It often occurs that when two or more pieces of property are consolidated or where the whole of a piece of property is subdivided into different defined portions, ultimately leaving no remainder, that a discrepancy will occur with the extent of the actual consolidation or subdivisions compared with the deeds office records.
The Land Survey Act 8 of 1997 clearly distinguishes between these two scenarios’ and thus they are addressed separately.
Extent on Consolidation Diagrams
A consolidated diagram can be framed in one of two ways; by way of compilation or resurvey. This is reflected in the bottom left hand corner of the diagram, for example:
“Surveyed by me …”
“Compiled by me…”
The extent depicted on the diagram of properties that have been surveyed, is the extent that is derived at by the Surveyor when surveying the consolidated property. More often than not it will differ from a combination of the extents of the components being consolidated.
The extent depicted on the diagram of the properties that have been compiled, will be the equivalent of the extents of the components being consolidated (see in this regard regulation 19(2) of the regulations promulgated in terms of the Land Survey Act 8 of 1997).
Extent of small-scale subdivisions
Where full subdivision occurs of a piece of property, it often occurs that the total extent of the subdivided portions does not amount to the extent of the “parent” property. This can usually be ascribed to the fact that modern surveying methods are far more accurate than the previous conventional methods that were used. Numerous other reasons could also contribute to this, such as ager limitatus or ager non limitatus (rivers forming boundaries), but this will not be entertained as part of this article.
Where a piece of property is subdivided in toto, the office of the Surveyor General will forward to the relevant deeds registry a notification to the effect that the property has been fully subdivided leaving no remainder. The registrar of deeds will in turn record the notice received from the Surveyor General as an interdict against the parent property in his/her registers.
On the transfer of the last portion the examiner concerned will uplift the notice and indicate on the transfer endorsement that there is no remainder as per the SG-caveat.
Responsibility of extent on diagrams
The Conference of Registrars was requested to provide guidance when the extent of properties differ when consolidations and sub-divisions are registered, for instance where a consolidated property is subdivided the combined measurement of the sub-divisions differ slightly from the size in the title. For many years it was accepted practice that where the differences are minor the deeds registry does not reject the deeds, as the surveyor general acknowledged that there is a certain percentage tolerance allowed because of the fact that on re-survey it can be explained.
Conference resolved that the extent given on diagram is the responsibility of the Surveyor General and not that of the registrar of deeds (see RCR 48 of 2011).
Should you require any more information on this matter, do not hesitate to contact us.
TONKIN CLACEY PRETORIA
012 346 1278