Allen West Conveyancing Update

● Monetary Figures

When monetary amounts are set out in figures in deeds the comma must be used as the decimal sign. Large monetary amounts must be written with spaces separating groups of three digits to the left of the decimal sign, e.g. R2 560,00 (see CRC 18 of 1973). 

● Lodgement of Title

When a Court Order orders the lodgement of a deed of transfer, without the presentation of a title deed it must be accepted that the Court has satisfied itself that the title deed cannot be presented, or that the presentation thereof is unnecessary. In such cases the presentation of a sworn affidavit, as determined in the mentioned provision of section 33(11) of Act 47 of 1937, is unnecessary (see CRC 6 of 1978). 

● Eskom Servitudes

A general approval was granted for the registration of Eskom servitudes over one of two or more properties which are subject to a title condition or a condition that was imposed by an endorsement that determined that such properties may not be separately alienated or dealt with without the written consent of the Minister (see CRC 1 of 1980).

● Amendment of Divorce Agreement 

In terms of Ex parte Naude 1964 (1) SA 763 and Ex parte Boshi and Another 1979 (1) 249 parties can amend their divorce agreement without reverting back to court provided the rights of third parties are not adversely affected by such amendment (see CRC 21 of 1990). 

● Amendment of Status

Section 4(1)(b) of the said Act provides for the rectification of an error in the name or the “description” of any person, provided certain conditions are met. The marital state, whether the marriage was concluded in or out of community of property and even the names of the spouse are all part of a person’s description (see section 17(2)(a), (b) and (c)), therefore section 4(1)(b) of the Act can be applied to rectify an error in such a description. 

If the deed to be amended, is mortgaged by a registered mortgage bond, such amendment must not invalidate the bond. To comply with, e.g. the provisions of section 15 of the Matrimonial Property Act, 1984 (Act 88 of 1984) and to renounce the legal exception “de duobus vel pluribus reis debendi”, it is recommended that a “substituting” bond be registered in lieu of the existing bond, which is to be cancelled simultaneously (see CRC 3 of 1994). 

● Marriages according to Moslem or Hindu rites

Whenever a person is married according to one of the above rites, he/she may be described as being married according to such rites. The legal consequences of a marriage in terms of the South African Law are, however, not applicable. 

xxxxxxxxxxxx (Full name) 

xxxxxxxxxxxx (Identity number) 

married according to Moslem/Hindu rites.

(a) Party may also be described as unmarried. 

(b) The provisions of section 17(6) of the Deeds Registries Act, 1937 (Act No. 47 of 1937) do not find application to such marriages (see CRC 5 of 1994). 

Please do not hesitate to contact us for more information 

Allen West
012 346 1278


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