Last week, the Office of the Chief Registrar of Deeds published the Registrars’ Conference Resolutions 2024 (‘the Resolutions’ or ‘the RCRs’) following a conference to discuss contentious procedural issues affecting Deeds Office practice.
Essential to the accurate drafting of deeds and documents, the Resolutions are a valuable guide for individuals working in the sphere of conveyancing and notarial practice. Pursuant to section 3(1)(z) of the Deeds Registries Act, all Registrars of Deeds are required to apply the RCRs uniformly.
Confirming the withdrawal of various outdated Resolutions, the latest RCRs are largely a restatement or revision of previous Resolutions.
There are, however, three new Resolutions, namely RCR 9/2024, RCR 10/2024, and RCR 12/2024. RCR 9/2024 clarifies the correct transaction date to insert on a transfer duty receipt in the context of the distribution of property following a divorce.
Of particular practical importance is RCR 10/2024, which explains whether a deed of transfer, notarial deed, or other document lodged for registration and execution may contain signatures on a standalone page. It provides:
Signatures should not stand alone on a separate page as this may be a risk to fraud. Deeds or documents must be drafted in such a way that the signatures always form part of the content.
Offering guidance on the practical application of the Sectional Titles Act, RCR 12/2024 clarifies whether an encroachment must be registered prior to the opening of a sectional title scheme.
Please view the latest RCRs here
For further information, contact us at info@stbb.co.za.
