Allen West Conveyancing Update

● Section 4(1)(b)(iii) of the Deeds Registries Act 47 of 1937 (DRA) confers an inherent right on a Registrar to insist on the rectification of an error in all deeds or other documents prior to the registration of subsequent deeds. However, the section was amended in 2013 to allow the Registrar to direct otherwise on good cause shown (RCR 67 of 1964)

● The provisions of regulation 50(2)(c) of the DRA are given effect to by the preamble and/or the recital of the deed mentioning the fact that a joint estate is involved or that the deceased was married in community of property. The full names of the other spouse should be given (RCR 18 of 1965)

● Where a personal servitude is held under separate title from the land title, such separate title should be quoted in the extending clause of the subsequent deed of transfer where both the usufructuary and bare dominium owner pass transfer (RCR 58 of 1965)

● For a spouse to be competent or to join in a redistribution agreement contemplated by section 14(1)(b)(iii) of the DRA such surviving spouse must either be an heir or legatee in the estate or a joint estate must be involved (RCR 12 of 1966 as amended by RCR 15 of 1969).

● Where an unregistered usufruct has been waived, before transfer of the land which would have been subject to it, transfer can be passed free from such usufruct, provided the transfer deed recites the fact and proof of the repudiation or waiver is lodged (RCR 37 of 1966)

● In terms of In re Schaffer et Uxor 1920 N 240, there is no objection to the registration of an antenuptial contract executed before two different notaries (RCR 53 of 1966)

● A trustee appointed in an insolvent estate cannot pass transfer of land which is subject to a personal servitude, free of the personal servitude, because the personal servitude never vested in him/her (RCR 16 of 1967)

● The service of notice of motion does not constitute an interdict and cannot prevent registration in a deeds office (RCR 55 of 1967)

● Roman numeral linking is only permitted where the deeds are dependent on one common title whether cross written or not. The practice of allowing linking by Roman numerals is a matter for the registrar concerned and any attempt to use Roman numerals linking for financial matters should be discouraged (RCR 70 of 1967)

● Regulation 30 of the DRA provides that where in the description of land the denominator of the fraction exceeds two figures, the fraction shall be expressed as a six-figure decimal. Where property clause reads for example a 1/60 share, 1/180, and 1/90 share, for the sake of uniformity, either all the shares must be expressed in a six decimal figure or remain as fractions, as two separate systems cannot be used (RCR 18 of 1968)

● An antenuptial contract only becomes effective on marriage and can be cancelled notarially before marriage (RCR 4 of 1969)

● A condition constituting a fideicommissum is accorded the status of a personal servitude. The provisions of section 68(1) of the DRA may be applied where the fideicommissum lapses (RCR 17 of 1974)

● It is unnecessary to require a certified copy of an antenuptial contract, which has been lost, to be lodged before a section 4(1)(b) amendment of the contract can be registered (RCR 3 of 2018).

● Land and a unit under the Sectional Titles Act 95 of 1986 cannot be hypothecated in one document (RCR 22 of 1978)

● Registration of general powers of attorney which do not include dealings with or transactions registrable in the deeds office are not registerable in terms of section 3(1)(u) of the DRA (RCR 34 of 1987)

Please do not hesitate to contact us for more information 

Allen West
012 346 1278


Please enter your comment!
Please enter your name here

5 × 1 =