• Did you know that section 80 of Act 66 of 1965 does not find application where a minor consent to the cancellation of a mortgage bond registered in his/her favour, or where such bond is ceded? (RCR 65 of 1961)
• Did you know that marriages governed by the laws of a foreign country should be described as “governed by the laws of……………._” and not “according to the laws of …………._._” (RCR 35(a) of 1951)
• Did you know it is competent to tie properties where such properties are registered in different townships? (RCR 17 of 1961)
• Did you know it is competent for the mandatory to act himself under a general power of attorney whilst a power of substitution is still in existence? (RCR 51 of 1962)
• Did you know that it is essential in redistribution agreements that the capacity of the contracting parties should be proved and that all parties checked for interdicts, etc.? (RCR 13 of 1964)
• Did you know that where a company has been struck off the register it must be restored to the register before the sheriff can pass transfer in terms of the unit? (RCR 23 of 1964)
• Did you know that where there is a clear case of merger of a servitude, the registrar may note the merger without application? Where there is any doubt, conveyancers must state whether he/she is satisfied that the merger be noted (RCR 1 of 1971).
• Did you know that the renunciation constitutes a lapsing of a personal servitude which may be dealt with as provided for in section 68(1) of the Deeds Registries Act 47 of 1937? (RCR 39 of 1972)
• Did you know a condition constituting a fideicommissum is accorded the status of a personal servitude and the provisions of section 68(1) of Act 47 of 1937 may be applied where the fideicommissum lapses? (RCR 17 of 1974)
• Did you know that an order of court is the only proof that a registrar of deeds will accept to prove that a man or woman cannot procreate? (RCR 6 of 1980 and RCR 28 of 1987)?
• Did you know that a praedial servitude cannot be cancelled unilaterally? (RCR 10 of 1987)
• Did you know that a body corporate of a sectional title scheme can consist of only one person? (RCR 32 of 1988)
• Did you know that a fax is not acceptable and cannot be certified a true copy? (RCR 37 of 1989)
• Did you know that the omission of the amount in a cost clause of a bond cannot be rectified in terms of section 4(1)(b) or varied in terms of section 3(1)(s) of the Deeds Registries Act 47 of 1937? The bond must be cancelled and a substituted bond registered (RCR 9 of 2003)
• Did you know that the issuing of a certificate of consolidated title directly from a general plan is not permissible? Application will have to be made for the issue of certificates of registered title before the certificate of consolidated title can be issued. (RCR 23 of 1972)
Should you require any more information on this matter, do not hesitate to contact us.
TONKIN CLACEY PRETORIA
012 346 1278