South Africa Act or statute

Parliament of the Republic of South Africa

Deeds Registries Amendment Act, 2013

This section amends Section 4 so that certain common errors in two or more deeds or related documents must be corrected in all of them, unless the registrar directs otherwise for good cause shown.…

certificate of registered titledeed registrationdeeds registrationdeeds registryestate administrationland registrationland title correctionname changerecording of deedsregistered documentsregistry correctionssecurity over landsurname changetitle deedswinding up

Jurisdiction: South Africa
Structure: 8 provisions
Citation: Act 34 of 2013
Dates: updated 18 Dec 2013

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Dates: updated 18 Dec 2013

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“This section amends Section 4 so that certain common errors in two or more deeds or related documents must be corrected in all of them, unless the registrar directs otherwise for good cause shown.”

This section amends Section 4 so that certain common errors in two or more deeds or related documents must be corrected in all of them, unless the registrar directs otherwise for good cause shown. This section amends section 38 so the registrar must issue a certificate of registered title when the original and registry duplicate title deeds are lost, destroyed, incomplete, or unserviceable, on written application by the land owner and with a diagram if required. The registrar may endorse a land description on the deed if title rectification is needed because of a survey, re-survey, or diagram error, and the owner applies in writing with the required documents and consents. The heading of section 48 is replaced to refer to special provisions about a bond over land in the Johannesburg deeds registry area and other land. This section amends section 56(1)(b) by replacing the listed persons with trustees of insolvent estates, executors under section 34 of the Administration of Estates Act, and liquidators of companies or close corporations being wound up because they cannot pay debts.

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Section 4 of the Deeds Registries Act, 1937 (Act No. 47 of 1937) (hereinafter

This section amends Section 4 so that certain common errors in two or more deeds or related documents must be corrected in all of them, unless the registrar directs otherwise for good cause shown.

Section 1

Section 44 of the principal Act is hereby amended by the substitution for subsection

The registrar may endorse a land description on the deed if title rectification is needed because of a survey, re-survey, or diagram error, and the owner applies in writing with the required documents and consents.

Section 3

Section 56 of the principal Act is hereby amended by the substitution in subsection

This section amends section 56(1)(b) by replacing the listed persons with trustees of insolvent estates, executors under section 34 of the Administration of Estates Act, and liquidators of companies or close corporations being wound up because they cannot pay…

Section 5

Section 93 of the principal Act is hereby amended by the substitution in subsection

A person affected by a name change must consent in writing, the application must include the relevant operative deed in some cases, and certain people changing or resuming surnames do not have to record that change to deal with land rights.

Section 6

This Act is called the Deeds Registries Amendment Act, 2013.

This section gives the Act’s short title: the Deeds Registries Amendment Act, 2013.

Section 8

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Source record from www.parliament.gov.za · updated 18 Dec 2013

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Showing 8 of 8 provisions

Substitution 6Short title 2

§ 1Section 4 of the Deeds Registries Act, 1937 (Act No. 47 of 1937) (hereinafterSubstitution

This section amends Section 4 so that certain common errors in two or more deeds or related documents must be corrected in all of them, unless the registrar directs otherwise for good cause shown.

1. Section 4 of the Deeds Registries Act, 1937 (Act No. 47 of 1937) (hereinafter referred to as the principal Act), is hereby amended by the substitution in subsection (1) for subparagraph (iii) of paragraph (b) of the following subparagraph: ‘‘(iii) if the error is common to two or more deeds or other documents, including any register in his or her registry, the error shall be rectiﬁed in all those deeds or other documents, unless the registrar, on good cause shown, directs otherwise;’’. 5 10 Amendment of section 38 of Act 47 of 1937

Section 1Verify source

§ 2Section 38 of the principal Act is hereby amended—Substitution

This section amends section 38 so the registrar must issue a certificate of registered title when the original and registry duplicate title deeds are lost, destroyed, incomplete, or unserviceable, on written application by the land owner and with a diagram if required.

2. Section 38 of the principal Act is hereby amended— (a) by the substitution for the heading of the following heading: ‘‘Certiﬁcate of registered title taking place of lost, [or] destroyed, incomplete or unserviceable deed’’; 15 (b) by the substitution for subsection (1) of the following subsection: ‘‘(1) If the title deed of any land has been lost, [or] destroyed, incomplete or unserviceable, and the registry duplicate of such title deed has also been lost, [or] destroyed, incomplete or unserviceable, the registrar shall, on written application by the owner of the land, accompanied by a diagram of the land, if no diagram thereof is ﬁled in the registry or in the office of the surveyor-general concerned, execute a certiﬁcate of registered title in respect of such land in accordance with the diagram of the land.’’; and 20 25 4 No. 37173 Act No. 34 of 2013 GOVERNMENT GAZETTE, 18 DECEMBER 2013 Deeds Registries Amendment Act, 2013 4 (c) by the substitution for subsection (5) of the following subsection: ‘‘(5) A certiﬁcate of registered title issued under this section shall be as nearly as practicable in the prescribed form and shall take the place of the lost, [or] destroyed, incomplete or unserviceable title deed and shall embody or refer to every condition, servitude, bond, lease or other encumbrance which according to the records of the registry was embodied or referred to in the lost, [or] destroyed, incomplete or unserviceable title deed or in any endorsement thereon.’’. 5 Amendment of section 44 of Act 47 of 1937, as amended by section 18 of Act 43 of 1962, section 16 of Act 87 of 1965, section 5 of Act 92 of 1978, section 53 of Act 24 of 2003 and section 1 of Act 11 of 2005 10

Section 2Verify source

§ 3Section 44 of the principal Act is hereby amended by the substitution for subsectionSubstitution

3. Section 44 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: ‘‘(1) If rectiﬁcation of title is required in respect of any one piece of land in consequence of a survey or re-survey of such land or of the correction of any error in the diagram thereof under the Land Survey Act, [1927] 1997, the registrar may, on written application by the owner of the land accompanied by the title deed and the new or the corrected diagram thereof, any bond thereon and any registered deed of lease or other registered deed whereby any real right therein is held by any other person and the written consent of the holder of such bond, lease or right, endorse on the aforesaid deed a description of the land according to the new or corrected diagram, which description shall supersede the description already appearing in the aforesaid deeds.’’. 15 20 Amendment of section 48 of Act 47 of 1937, as amended by section 6 of Act 61 of 1969 25

Section 3Verify source

§ 4Section 48 of the principal Act is hereby amended by the substitution for theSubstitution

The heading of section 48 is replaced to refer to special provisions about a bond over land in the Johannesburg deeds registry area and other land.

4. Section 48 of the principal Act is hereby amended by the substitution for the heading of the following heading: ‘‘Special provisions regarding a bond over land in [a Rand township] the area of jurisdiction of the deeds registry at Johannesburg and other land’’. Amendment of section 56 of Act 47 of 1937, as amended by section 26 of Act 43 of 1957, section 23 of Act 87 of 1965, section 8 of Act 3 of 1972, section 15 of Act 27 of 1982 and section 16 of Act 14 of 1993 30

Section 4Verify source

§ 5Section 56 of the principal Act is hereby amended by the substitution in subsectionSubstitution

5. Section 56 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph (b) of the following paragraph: ‘‘(b) by the trustee of an insolvent estate, an executor administering and distributing an estate under section 34 of the Administration of Estates Act, 1965 (Act No. 66 of 1965), the liquidator of a company or a close corporation which is unable to pay its debts and which is being wound up by or under the supervision of the court or the Master [a liquidator or trustee elected or appointed under the Agricultural Credit Act, 1966 (Act No. 28 of 1966)]; or’’. 35 40 Amendment of section 93 of Act 47 of 1937, as amended by section 38 of Act 43 of 1957, section 36 of Act 43 of 1962, section 21 of Act 27 of 1982 and section 21 of Act 14 of 1993

Section 5Verify source

§ 6Section 93 of the principal Act is hereby amended by the substitution in subsectionSubstitution

6. Section 93 of the principal Act is hereby amended by the substitution in subsection 45 (1) for paragraphs (a), (b) and (c) of the following paragraphs: ‘‘(a) if it appears from such deed or other document that any other person is affected by such change of name, such other person shall (save for the registration of a change of name of a company or close corporation) consent in writing to the aforesaid endorsement; 50 6 No. 37173 Act No. 34 of 2013 GOVERNMENT GAZETTE, 18 DECEMBER 2013 Deeds Registries Amendment Act, 2013 6 (b) (c) the application shall (save for the registration of a change of name of a company or close corporation) be accompanied by any other operative deed registered in the same registry in which the applicant’s old name appears as a party thereto other than as transferor or cedent; and a [woman] person— (i) who assumes his or her [husband’s] spouse’s surname or resumes his or her former surname; or (ii) who, whether in a civil union, married or divorced, or a widow, adds to the surname which he or she assumed after the union or marriage, any surname which he or she bore at any prior time, shall not be obliged to record such assumption or resumption of surname against any registered deed or other document to enable him or her to deal with land or a real right in land held by him or her under such deed or other document.’’. Amendment of section 102 of Act 47 of 1937, as amended by section 12 of Act 3 of 1972, section 22 of Act 27 of 1982, section 9 of Act 62 of 1984, section 4 of Act 75 of 1987, section 7 of Act 3 of 1988, section 6 of Act 24 of 1989, section 32 of Act 113 of 1991, section 22 of Act 14 of 1993, section 74 of Act 120 of 1993, section 68 of Act 67 of 1995, section 9 of Act 11 of 1996, section 10 of Act 11 of 1996, Proclamation R9 of 31 January 1997, section 10 of Act 93 of 1998, section 2 of Act 9 of 2003, section 53 of Act 24 of 2003, section 46 of Act 11 of 2004 and section 6 of Act 12 of 2010 5 10 15 20

Section 6Verify source

§ 7Section 102 of the principal Act is hereby amended by the substitution for theShort title

This section replaces the definition of “deeds registry” in section 102 of the principal Act.

7. Section 102 of the principal Act is hereby amended by the substitution for the deﬁnition of ‘‘deeds registry’’ of the following deﬁnition: ‘‘ ‘deeds registry’ means— (a) when used in relation to immovable property, the deeds registry which serves 25 the area in which that property is situate; (b) when used in relation to any deed or other document, any deeds registry in the Republic wherein that deed or other document is registered or registrable; or (c) when used in relation to a registrar, the deeds registry of which he or she is in charge [, but does not include the mining titles office referred to in section three of the Registration of Deeds and Titles Act, 1909 (Act No. 25 of 1909) of the Transvaal];’’. Short title

Section 7Verify source

§ 8This Act is called the Deeds Registries Amendment Act, 2013.Short title

This section gives the Act’s short title: the Deeds Registries Amendment Act, 2013.

8. This Act is called the Deeds Registries Amendment Act, 2013. 30 35

Section 8Verify source

Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Administration of Estates Act
Section 5
Deeds Registries Act, 1937
Section 1

N–S

1 instrument

Registration of Deeds and Titles Act, 1909
Section 7

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