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Class notes LEV 3701 Law Of Evidence Admissibility Of Evidence Summary Exam Notes (PVL3701)
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Class notes LEV 3701 Law Of Evidence Admissibility Of Evidence Summary Exam Notes (PVL3701)
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1STUDY UNIT 3
THE REGISTRAR OF DEEDS
DUTIES OF THE REGISTRAR
− Set out in Section 3 of the Act, and will differ depending on the type of transaction.
− Among other things therefore the registrar has the following duties (and responsibilities):
TERKG
• Take charge of & preserve all records
• Examine all deeds
• Record interdicts
• Keep registers
• Give access topublic registers & records
1. Take charge of and preserve all records
− of and preserves all records of the deeds registry for which he/she is appointed
2. Examine all deeds S3(1)(b)
− The registrar examines all deeds or other documents submitted for execution or registration
− and rejects any deed or document which cannot be registered under the Act
− or any other law or to the registration of which any other valid objection exists
The examination of a deed entails:
• checking that all the legal provisions relating to the transaction have been complied with
• checking and disposing of interdicts against the relevant persons and property
• endorsing the relevant deeds and documents to give effect to such registration or law
(“endorsing” a deed involves placing a stamp and/or a short note on an existing deed or
document referring to subsequent transactions)
• updating the deeds registry records by recording the details of the new registration
− Examination by the registrar will not include the examination of the facts referred to in regulation
44A, for which the preparing conveyancer accepts responsibility.
− However, the registrar must still check title conditions to ensure that they do not contain prohibitions
to the proposed transfer
− Must also check that the necessary consents, where applicable, have been lodged
− The registrar is specifically obliged to check conditions relating to consolidated land consisting of
component parts which were originally subject to different conditions
, 2
3. Record interdicts
− The registrar records interdicts, that is court notices, returns, statements or orders lodged with the
registry in terms of any law.
− Interdicts usually prevent or restrain a person from acting or dealing freely with his/her property and
are recorded and numbered
− by placing the code I before the consecutive number followed by the year, as follows: I 326/2007 –
which means that the relevant property is subject to an interdict, and is the 326th interdict recorded
at the deeds office during 2007.
− Several types of interdicts may be recorded against a property. For instance: General interdicts and
court orders, Attachments, Liquidation and judicial management, Rehabilitations
4. Keep registers
− All the registration information of title deeds is captured electronically and reproduced by scanning
and capture on an electronic deeds registry database thatthe registrar keeps.
− It can be computerised or otherwise
− It is necessary for compliance with the Act and maintaining an efficient land registration system that
provides security of title and ready reference to any registered deed.
5. Give access to public registers and records
− The registrar must, if any person complies with the prescribed conditions and pays the prescribed
fee,
− permit that person to inspect the public registers and records,
− to make copies and extracts of the records and registers,
− and to obtain other information about the registered deeds or documents.
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