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

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



Allen West

Property Law Consultant at Hannes Gouws Attorneys Pretoria

2mo

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.

Tumelo Kabe

LLM in Tax Law candidate, Conveyancer, Notary Public, Deceased Estates Consultant and Founding Director at Tumelo Kabe Attorneys

2mo

What 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? 

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Gustav Meyer

Managing Director at Meyer Attorneys

2mo

Thank you Allen for providing clarity as always

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