Deeds Registries Act, 1937 (Act No. 47 of 1937)RegulationsDeeds Registries Amendment Regulations, 2021Lodgment and Execution of Deeds (Regs 45 to 64) |
45.
| (1) | All deeds, bonds, documents and powers of attorney proper for execution or registration, as the case may be, shall be lodged for examination by a conveyancer practising at the seat of the Deeds Registry or by a person employed by such conveyancer, in covers with the receiving clerk (who shall note thereon the date of lodgement), on working days between the hours that the Registrar shall determine: Provided that a notary practising at the seat of the Deeds Registry or a person employed by such notary may lodge notarial deeds: Provided further that any document lodged on behalf of a Government department or Development Board may be lodged by any person in the employ of the department or Development Board concerned, even though that person is not a notary or conveyancer, or where such Government department or Development Board does not have an office at the seat of the relevant Deeds Registry, in the manner approved by the Regstrar [sic]. |
[Regulation 45(1) substituted by regulation 3 of Notice No. R. 2191 of 1986]
| (2) | [Regulation 45(2) deleted by regulation 5(a) of Notice No. R. 547 of 2015] |
| (2A) | [Regulation 45(2A) deleted by regulation 5(b) of Notice No. R. 547 of 2015] |
| (3) | On the expiration of either five or six working days, as the Registrar may determine, after such lodgment and between such hours as the Registrar may in his discretion fix, all deeds proper for execution before the Registrar or registration by the Registrar, and to the execution or registration of which no objection exists, shall be executed before the Registrar or registered by the Registrar, but the Registrar shall have discretion to permit deeds to be executed or registered before the time or expiration of the period determined by him and also to reject deeds not executed or registered within such time or period. |
[Regulation 45(3) substituted by regulation 13(c) of Notice No. R. 359 of 1982]
| (4) | In the event of two or more mortgage bonds being passed on the same day by one and the same mortgagor over the same property, the Registrar shall, if each bond does not disclose the order in which it is to rank, note on each the exact time at which he affixed his signature thereto. |
| (5) | Deeds lodged for execution or registration and to the execution or registration of which any objection exists shall, if circumstances permit, be rejected not later than five working days after lodgment. |
[Regulation 45(5) substituted by regulation 13(d) of Notice No. R. 359 of 1982]
| (6) | [Regulation 45(6) deleted by regulation 13(e) of Notice No. R. 359 of 1982] |
| (7) | Although a deed is to be fully examined in the first instance, if a defect of such a nature as to justify rejection is discovered in connection with any deed or other document lodged for execution or registration, the Registrar shall have power to direct that the further examination of the deed shall be postponed until the defect has been cured and to reject such deed in the ordinary course. |
| (8) | Notwithstanding any other provisions of this regulation, a registrar may, while the deeds office account of a conveyancer, notary, firm or institution is in arrear, refuse to accept lodgement of deeds, bonds, documents or powers of attorney by or on behalf of such conveyancer, notary, firm or institution. |
[Regulation 45(8) inserted by regulation 3 of Notice No. R. 395 of 2000]
| 46. | When lodging documents required for registering the transactions referred to in section five of the Act, there shall be produced such additional copies as shall be required for transmission to the other Deeds Registries affected. The additional copies shall be transmitted by the Registrar effecting registration to the other Registries. |
| 47. | No cession of the balance due under any bond shall be registered until the amount paid in reduction thereof have been noted. |
[Regulation 47 substituted by regulation 9 of Notice No. R. 292 of 2010]
| 48. | [Regulation 48 deleted by regulation 10 of Notice No. R. 292 of 2010] |
49.
| (1) | Where application is made under the provisions of section forty-five of the Act there shall be produced, in addition to the title-deeds, lease under any law relating to land settlement and bonds, the undermentioned documents: |
| (a) | [Regulation 49(1)(a) deleted by regulation 8(a) of Notice No. R. 1892 of 1983] |
| (b) | Where transfer duty is payable, a receipt for such duty. |
[Regulation 49(1)(b) substituted by regulation 8(b) of Notice No. R. 1892 of 1983]
| (c) | Where the property or bond was bequeathed to such survivor, a copy of the will, codicil or other testamentary document accepted and certified a true copy by the Master. |
[Regulation 49(1)(c) substituted by regulation 12(a) of Notice No. R. 184 of 1995]
| (d) | [Regulation 49(1)(d) deleted by regulation 12(b) of Notice No. R. 184 of 1995] |
| (e) | Where action is taken under section fifty-one, fifty-three or fifty-seven of the Administration of Estates Act, 1913, or in terms of section thirty-eight of the Estates Act, 1965, a certificate or consent from the Master. |
[Regulation 49(1)(e) substituted by regulation 12(c) of Notice No. R. 184 of 1995]
| (f) | In circumstances where no consent or certificate by the Master is required, a certificate from a conveyancer that the liquidation account in the estate has lain for inspection, that no objection thereto has been received and that the endorsement to be made is in terms of the account. |
[Regulation 49(1)(f) substituted by regulation 12(d) of Notice No. R. 184 of 1995]
| (g) | Where such survivor is an heir in terms of section one of the Succession Act, 1934, or section one of the Intestate Succession Act, 1987— |
| (i) | proof that the deceased spouse left no valid will, and |
| (ii) | proof of the balance of the estate for distribution by means of a certificate by the Master or a copy of the liquidation account, when applicable. |
[Regulation 49(1)(g)(ii) substituted by regulation 11 of Notice No. R. 292 of 2010]
[Regulation 49(1)(g) substituted by regulation 12(e) of Notice No. R. 184 of 1995]
| (h) | When application is made for the endorsement of a lease under any law relating to land settlement, the consent of the Minister of Lands shall be produced to such endorsement. |
| (2) | When a title deed is endorsed under section forty-five of the Act the Registrar shall make an appropriate note in the register affected. |
50.
| (1) | Where land is to be transferred in pursuance of the provisions of a will, codicil, or other testamentary document, an accepted and certified a true copy by the Master, of the will, codicil, or other testamentary document, as the case may be, shall be lodged with the deed. The Registrar may also in the exercise of his or her discretion require any executor who seeks to transfer land belonging to the estate under his or her administration, to lodge an accepted and certified a true copy as aforesaid, of the will, codicil, or other testamentary instrument, as well as a copy of the liquidation account in the estate. If, however, a copy is already lodged in the Deeds Registry, it will be sufficient if a note is made in either case on the deed indicating the number and the date of the deed with which such copy is filed. |
[Regulation 50(1) substituted by regulation 12(a) of Notice No. R. 292 of 2010]
| (2) | Where land is sought to be transferred by an executor in pursuance of— |
[Words preceding regulation 50(2)(a) substituted by regulation 12(b) of Notice No. R. 292 of 2010]
| (a) | the exception (b) to section twenty-one of the Act there shall be lodged with such transfer a certificate by the Master or the executor or a conveyancer that the land has been sold to pay the debts of the joint estate; or |
| (b) | the exception (c) to section twenty-one of the Act there shall be lodged with such transfer a certificate by the Master or a conveyancer that the surviving spouse has adiated under the will whereby the joint estate is massed or a statement to that effect signed by the surviving spouse and duly witnessed; |
| (c) | any of the exceptions to section twenty-one of the Act the deed of transfer or deed of cession shall indicate that the transfer or cession is on behalf of the joint estate and that the joint estate is divested. |
[Regulation 50(2)(c) substituted by regulation 4(b) of Notice No. R. 395 of 2000]
51.
| (1) | Where it is sought to deal with immovable property, the title deed of such property shall, save as provided in the Act and in subregulation (2) hereof, be produced and be mentioned in the deed dealing with such property. It shall, however, not be necessary, unless the Registrar so requires, to produce any deed by which the property was previously held, whether such deed be the diagram deed or any intermediate deed, nor shall the Registrar be required to endorse thereon any record of subsequent dealings with the property. |
[Regulation 51(1) substituted by Notice No. R. 1096 of 1965]
| (2) | Where immovable property is to be transferred or ceded in execution of the judgment of any competent court by the officer appointed by law, or by such court, or where such immovable property is to be transferred or ceded by an officer appointed in terms of a law pertaining to insolvency or by an executor referred to in section 56(1)(b) of the Act, it shall not be necessary to produce the title deed of such property if such officer or executor certifies in writing that he or she has been unable to obtain possession of such title deed: Provided that where the duplicate original of such title deed filed of record in a Deeds Registry has been lost or destroyed it shall be necessary for such officer or executor to obtain a certificate of registered title under the provisions of section thirty-eight of the Act, for which purpose such officer or executor shall be regarded as the owner of the immovable property: Provided further that in the case of a transfer of immovable property by virtue of the second proviso of section 16, the above provisions shall not apply. |
[Regulation 51(2) substituted by regulation 3(b) of Notice No. R. 1096 of 2004]
| (3) | [Regulation 51(3) deleted by regulation 3(c) of Notice No. R. 1096 of 2004] |
52.
| (1) | Where, in the partition of land, an undivided share in such land is registered in the name of a deceased person, or of his or her estate, or of his or her surviving spouse, the Registrar shall, if such share has been bequeathed, require not only the consent of the Master in terms of section 53 of the Administration of Estates Act, 1913 (Act No. 24 of 1913), or section 94 of the Administration of Estates Act, 1965 (Act No. 66 of 1965), as the case may be, on behalf of heirs or legatees who may be minors, but also the consent of the major heirs or legatees, if there are such, unless it can be proved to his or her satisfaction by documentary evidence that the partition was agreed upon during the lifetime of the testator. |
[Regulation 52(1) substituted by regulation 6 of Notice No. R. 547 of 2015]
| (2) | Where a partition of land is effected in terms of subsection (7) of section twenty-six of the Act, the agreement to partition or the powers of attorney shall set out all the properties to be partitioned and the properties awarded to each partitioner. |
The deeds of partition transfer shall be executed simultaneously.
| 53. | [Regulation 53 repealed by regulation 15 of Notice No. R. 359 of 1982] |
54.
| (1) | Where immovable property has been acquired by any person not married in community of property and transfer thereof has not been effected during the lifetime of such person, the transfer deed shall be made out in favour of the estate of such person. |
| (2) | A certificate of title of immovable property which is registered in the name of a person since deceased shall be issued in the name of the registered owner (deceased), and not in favour of his estate. |
[Regulation 54(2) substituted by regulation 6(c) of Notice No. R. 762 of 1998]
| 55. | Where in the circumstances provided in subsection (1)(b)(ii) of section fourteen of the Act transfer direct to a purchaser is lodged, such deed of transfer shall not be executed unless proof of the value of the immovable property being dealt with is furnished by means of a written valuation by a sworn appraiser. |
| 56. | Where transfer is lodged in the circumstances provided in subsection (1) of section thirty of the Act such transfer shall not be executed unless proof that the land awarded on partition to the owner of any share subject to a fideicommissum is an equivalent of that share, is furnished by means of the written report of a sworn appraiser or of an impartial person approved by the magistrate of the district in which the property is situate. |
| 57. | [Regulation 57 repealed by regulation 15 of Notice No. R. 184 of 1995] |
| 58. | [Regulation 58 repealed by regulation 9 of Notice No. R. 1892 of 1983] |
| 59. | Any person making application to a Registrar for a consolidated title shall, if the diagram of the land in respect of which such application is made does not contain a description of the several pieces of land comprised therein corresponding so far as may be material for purposes of identification with that contained in the existing title deeds, cause to be lodged with his application a certificate containing such description from the Surveyor-General who approved the diagram. |
60.
| (1) | Whenever it appears from any statement on the diagram of a portion of a piece of land about to be transferred that the transferor has granted a servitude in favour of such portion over the remaining extent thereof or over some other land adjoining the land to be transferred and registered in the transferor's name, or has imposed a servitude over such portion in favour of such remaining extent or other land, such servitude shall be embodied in the power given for the purposes of the transfer of such portion and also in the relative deed of transfer, unless such servitude can only be created on the subsequent transfer of such portion. |
| (2) | If a diagram lodged with an application for any certificate of title contains a statement indicating the creation of a new servitude, the Registrar shall decline to issue such title, unless there has been lodged for registration with the application a notarial deed embodying the terms of such servitude: or unless such servitude is only to be created on eventual transfer of the land affected. |
| (3) | The land affected by a servitude shall be sufficiently described, and the number and date of the deed by which it is held shall be quoted. The provisions of this subregulation in respect of the serial number and year (if any) of the deed may be relaxed by the Registrar in special circumstances in his discretion. |
[Regulation 60(3) substituted by regulation 10 of Notice No. R. 1892 of 1983]
61.
| (1) | Where cancellation of registration is sought under the provisions of subsection (2) of section sixty-eight of the Act, a Registrar may accept a unilateral notarial deed of cancellation by the holder of such servitude provided such deed does not impose any obligation upon the owner of the land. |
| (2) | A Registrar may accept for registration a unilateral notarial deed of (a) cancellation of fideicommissum by the fideicommissary heirs, (b) cession of a personal servitude mentioned in section 66 of the Act, and (c) cessions of trading rights, by the holder of such servitude or rights, provided that such deed does not impose any obligations upon the owner of the land in case of (a) or upon a cessionary in the case of (b) or (c). |
[Regulation 61(2) substituted by regulation 6 of Notice No. R. 195 of 2013]
| 62. | In the circumstances mentioned in section seventy-six of the Act, the title deeds of the land affected shall be endorsed as to the nature of the praedial servitude created in a deed of transfer. Should, however, the description of the servitude be of such lengthy or complicated nature as to render an effective reference thereto or a transcription thereof impracticable by endorsement, an extract thereof certified by the conveyancer executing the deed of transfer shall be lodged for annexure by the Registrar to the originals and office duplicates of the deeds affected and a suitable reference to such extract shall be made by the Registrar upon such deeds. |
63.
| (1) | If, in connection with the execution or registration or filing of record of any deed, power or other document, reference is necessary to any deed or document already filed or registered in a Deeds Registry, the number and year of that deed, or of the deed with which such document is filed, or the number under which it is registered, must be furnished when the deed, power, or document is lodged for execution or registration or record. When any deed, power, or document to which reference is necessary is of a lengthy character, it shall be the duty of the conveyancer or other person concerned to indicate the particular subregulation thereof which relates to the question to be determined. |
| (2) | All deeds, bonds, diagrams, or documents necessary in connection with the examination, execution, or registration of any deed, bond, power or other document lodged in a Deeds Registry, including all receipts or certificates required by law to be produced, shall accompany such deed. A Registrar shall not execute or attest a deed or bond unless the title deeds and bonds thereon for cancellation, release or substitution accompany the deed or bond lodged for execution save where such production is specifically waived under the Act or these regulations. |
| (3) | When a deed lodged for execution or registration is intended to be executed or registered, or otherwise dealt with, in conjunction with any other deed lodged, the conveyancer, notary or Government official responsible for the lodgment shall indicate in the manner approved by the Registrar that such deeds shall be executed or registered or dealt with simultaneously. If any conveyancer, notary or Government official omits to comply with this regulation, the deed in respect of which the omission was made may, if in order, be executed, registered, or otherwise dealt with independently of such other deed. |
[Regulation 63(3) substituted by regulation 18 of Notice No. R. 359 of 1982]
| (4) | [Regulation 63(4) repealed by regulation 11 of Notice No. R. 1892 of 1983] |
| 64. | [Regulation 64 repealed by regulation 19 of Notice No. R. 359 of 1982] |