CRC 3 OF 2024 EFFECT OF NAME CHANGES ON DEEDS REGISTRATION PROCEDURES
RENAMING OF DEEDS REGISTRIES
The Minister, under section 1(1)(a)(iii) of the Deeds Registries Act, 1937 (Act 47 of 1937), renamed the Deeds Registries as set out in paragraph 2 hereunder. The change of names was published in Government Gazette No. 51369, Government Notice GN. 5416 dated 10 October 2024.
2.
NEW NAMES OF DEEDS REGISTRIES
The following table indicates the name changes, which changes came into operation on 10 October 2024.
Previous name of Deeds Registry New name of Deeds Registry Seat of Office
Deeds registry: Pretoria
North Gauteng Deeds Registry
Pretoria
Deeds registry: Johannesburg
South Gauteng Deeds Registry
Johannesburg
Deeds registry: Pietermaritzburg
KwaZulu Natal Deeds Registry
Pietermaritzburg
Deeds registry: Umtata
Eastern Cape Deeds Registry: Mthatha
Mthatha
Deeds registry: King William’s Town
Eastern Cape Deeds Registry: Qonce
Qonce
Deeds registry: Cape Town
Western Cape Deeds Registry
Cape Town
Deeds registry: Kimberley
Northern Cape Deeds Registry
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Kimberley
Deeds registry: Bloemfontein
Free State Deeds Registry
Bloemfontein
Deeds registry: Vryburg
North West Deeds Registry: Vryburg
Vryburg
Deeds registry: Nelspruit
Mpumalanga Deeds Registry
Mbombela
Deeds registry: Polokwane
Limpopo Deeds Registry
Polokwane
3. EFFECT OF NAME CHANGES ON DEEDS REGISTRATION PROCEDURES
3.1. The Prescribed Forms as contained in the Regulations to the Deeds Registries Act, 1937 (Act 47 of 1937), and Sectional Titles Act, 1986 (Act 95 of 1986), refer to the Seat of Office of a Registrar of Deeds / Deeds Registry, and not to the name of a Deeds Registry. However, Regulation 82 of Act 47 of 1937 provides for certificates of title and prescribed deeds and documents to be prepared substantially in the forms provided in the Schedule of Forms to the Regulations. It, therefore, does not prohibit deviations where necessary.
3.2. The practice currently is to strictly follow the prescribed format by only referring to the Seat of Office of a Deeds Registry, and not to the name thereof. For example,
“I, Registrar of Deeds at Pretoria” or “Thus done and executed at the office of the Registrar of Deeds at Pretoria on …”
3.3. As mentioned in paragraph 3.1 above, Regulation 82 allows deviation and to create uniformity in all Deeds Registries country wide it is recommended that Forms and Documents be prepared / suitably amplified to refer to the Seat of Office of a Deeds Registry, as well as the name thereof. 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………”
3.4. Examiners must raise the appropriate notes where the correct description is not followed. Deeds must not be rejected, and the conveyancer must be given the opportunity to neatly amend the deed / document or to provide a conveyancer’s certificate where necessary.
3.5. This Circular comes into effect on 15 November 2024.
CHIEF REGISTRAR OF DEEDS
Property Law Consultant at Hannes Gouws Attorneys Pretoria
2moExaminers must raise the appropriate notes where the correct description is not followed. Deeds must not be rejected, and the conveyancer must be given the opportunity to neatly amend the deed / document or to provide a conveyancer’s certificate where necessary.
LLM in Tax Law candidate, Conveyancer, Notary Public, Deceased Estates Consultant and Founding Director at Tumelo Kabe Attorneys
2moWhat then happens to a POA that was endorsed or authenticated before October? DO we need to apply for re-endorsement or the Registrar is still to give direction?
Managing Director at Meyer Attorneys
2moThank you Allen for providing clarity as always