Last month, the Minister of Land Reform and Rural Development published an amendment to the names of the country’s eleven Deeds Registries, pursuant to section 1(1)(a)(iii) of the Deeds Registries Act. The amendment took effect on Thursday, 10th October 2024.
Resultantly, the Deeds Registry: Cape Town is now known as the Western Cape Deeds Registry, with its seat in Cape Town. To align with the names of divisions of the High Court, the Deeds Registry: Pretoria and Deeds Registry: Johannesburg are now known as the North Gauteng Deeds Registry and South Gauteng Deeds Registry, respectively.
Last week, the Office of the Chief Registrar of Deeds released the Chief Registrar’s Circular No. 3 of 2024 (‘the Circular’) to provide guidance on the effect of the renaming of Deeds Registries on deeds registration procedures and practices.
In line with the Regulations to the Deeds Registries Act, and to unify practice countrywide, the Chief Registrar recommends that all prescribed forms and documents are prepared to refer to both the name and Seat of Office of a Deeds Registry.
For example:
‘I, Registrar of Deeds: North Gauteng at Pretoria’
OR
‘Thus done and executed at the Office of the Registrar of Deeds: North Gauteng at Pretoria on…’
Crucially, examiners are required to raise a note where the description is not correctly recorded rather than rejecting a deed or document. Accordingly, conveyancers must be afforded the chance to amend the deed or document, alternatively, provide a conveyancer’s certificate, where necessary.
The contents of the Circular, which may be viewed here, come into effect on Friday, 15th November 2024.
For further information, contact us at info@stbb.co.za.
