RCR2/2023: Reservation of a new Right of Extension in terms of Section 25 (6A) of the Sectional Titles Act 95 of 1986
Where a right of extension of a sectional title has lapsed, the lapsing of the right of extension must be noted by means of an endorsement
in terms of section 15B(1)(e) of the Sectional Titles Act 95 of 1986 before a new right of extension is reserved in terms of section 25(6A) of the Act.
RCR 3/2016 which also deals with this matter has now been withdrawn.
RCR3/2023: Endorsement of lapsing of a right of extension
When a real right of extension has been divided into portions, and one such portion has lapsed, only the title deed of that particular portion of the right must be endorsed regarding the lapse.
The schedule of conditions in terms of section 11(3)(b) of the Sectional Titles Act 95 of 1986 will only be endorsed in terms of section 15B(1)(d) of the Act when the whole right of extension has lapsed.
RCR 7/2016 has been withdrawn.
RCR4/2023 Ranking clause of Mortgage Bond Where an error affects the ranking clause of a mortgage bond, a Registrar of Deeds has a discretion to allow the amendment thereof, either in terms of section 3(1)(v) of the Deeds Registries Act, or in terms of section 4(1)(b) of the Act.
RCR5/2023 Regulation 68 on VA copies of Proc R293/62 lost/destroyed deeds
RCR6/2023 Insistence by Deeds Office that Section 42(2) of the Administration of Estate Act 66 of 1965 be followed on deceased rectification transfer by the Deeds office.
It is not necessary to comply with the provisions of regulation 68(1E) of Act 47 of 1937 regarding advertising of a notice of intention in form JJJ when applying for a VA copy in terms of Proclamation R293/1962.
The consent of the Master of the High Court in terms of Section 42(2) is not required on a rectification transfer where a property was erroneously registered in a deceased person’s name;
a conveyancer’s certificate in terms of section 42(1) is required.