Conveyancing

The aim of this update is to clarify the position with regard to conditions inadvertently registered in the Johannesburg’s Deeds Registry which were created upon establishment of townships but were incorrectly incorporated in the Title Deeds. 

It has become apparent that some conditions incorporated in the Title Deeds are unregistrable (contravenes section 63 of Act 47/1937) which poses the following questions that need to be answered: 

How to deal with unregistrable conditions created on establishment of township but brought forward into the first transfer and perpetuated in subsequence transfers? 

For example (not limited to the below): 

  1. Where in the opinion of the Local Authority, it is impracticable for storm water to be drained from higher-lying erven direct to a public street the owner of the lower lying erf shall be obliged to accept and/or permit the passage over the erf of such storm water. Provided that the owners of any higher-lying erven, the storm water from which is discharged over any lower-lying erf, shall be liable to pay a proportionate share cost of any pipeline or drain which the owner of such lower- lying erf may find the necessary to lay or construct for the purpose of conducting the water so discharged over the erf. 
  2. The local authority had limited the electricity supply to the erven in the township to 210KVA/300Amps and should the registered owners of any of the erven exceed the supply or should an application to exceed such supply be submitted to the local authority, additional electricity contribution as determined by the local authority, shall become due and payable to the local authority by such owners. 

In respect of the registered title deeds, a Section 4(1)(b) application in terms of the Deeds Registries Act 47 of 1937 must be compiled with to remove the said condition from the affected individual title deeds.

Alternatively; 

An application in terms of Section 4(1)(b) of the Deeds Registries Act 47 of 1937 over the affected erven in the township may be lodged and filed in the township file in which a caveat will be noted for piecemeal endorsing of all affected title deeds as and when they are lodged for registration.

Should you require more information, please do not hesitate to contact us.

Allen West
TONKIN CLACEY PRETORIA 
012 346 1278

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