Sectional Title Ombudsman - Minister of Rural …

1 DEPARTMENT: land AFFAIRSCHIEF REGISTRAR OF DEEDS Sectional Title OmbudsmanJuly 2005 Issue Revision of the Deeds Registries Act andother Legislation relevant to LandRegistration in South Africa SARS launches a new Electronic TransferSystemThe review of the Deeds Registries Act 47 of 1937 and theSectional Titles Act 95 of 1986 is in full swing (see the article on page ..). Furthermore, the submission to theMinister for the Ombudsman is also reaching the stage ofthe first draft of the proposed legislation (see article onpage.)

2 It is a fact that we are living in interesting times. We shallapply the new Act governing land transactions in the newSouth Africa. I doubt whether any person still working inthe deeds office or a member of the profession wasinvolved in enacting the Deeds Registries Act of time ago I was asked by a member of staff to provide advice on how to update the Title deed of a personwho underwent a sex?change. Obviously, my answer wasthat the legislature in 1937 never anticipated that something like that would ever occur and thus no provisionfor such occurrence exists.

3 However, our existing DeedsRegistries Act, being as adaptable as it is, could provide forsuch an act of registration. Section 3(1)(v) of the Act couldthus be invoked to record the change in said the above, when reviewing the Act, provision will have to be made for all possible situations, sothat in 70 years' time no one will be able to say that the legislature did not anticipate this or editorial committee reviewed all the articles submittedfor the March edition and unanimously chose the article byTania Shawe on the Promotion of Administrative JusticeAct 3 of 2000 as the best contribution for March.

4 The editorial committee would like to extend its congratulationsto Ms. Shawe. Unfortunately Tania has left the DeedsRegistry of Pietermaritzburg and we all wish her prosperity inher newly chosen WEST - EDITORC ontributions may be sent to the Editor:Via e-mail or WestPrivate Bag X659 PRETORIA0001 The newsletter is also published on the Department ofLand Affairs' West - EditorCONTRIBUTORS:Q C SelebaloJ O ChristieG TsotetsiAS WestM Grov J MalulekeC NobleALombaard2 ContentsEditorialAllen West - Justice College (Editor)Alwyn van Jaarsveld- UmtataGert Hattingh - Office of the Chief Registrar of DeedsJoanne Dusterhoft- King William's TownMkhalela Lebese - BloemfonteinMagda Deetlefs- VryburgHennie Geldenhuys - Office of the Chief Registrar of DeedsDudley Lee - Cape TownPogiso Mesefo- PretoriaZandr Lombaard - Justice College (Scribe)Marissa Greeff - Directorate.

5 MP & External CommunicationMarie Grov - Justice CollegeWiseman Bhuqa- PietermaritzburgAlan Stephen - JohannesburgLevina Smit- KimberleyGeorge Tsotetsi - Office of the Chief Registrar of DeedsGustav Radloff- Conveyancer, MacRobert Sectional Titles Ombudsman3 Revision of the Deeds Registries Act and other legislation relevant to land registration in South Africa4 New Legislation SARS launches a new Electronic Transfer Duty System5 Property Law Update Section 15B(3) of the Sectional Titles Act and the Examination of Deeds7 Exclusive Use Areas - A Better Procedure?9 Cancellation of Personal and Praedial Servitudes and the Transfer Duty Implications Attached Thereto12 Practice and Procedure Pertaining to the Intestate Succession of Black Persons12 The Registerability and Effect of a Condition excluding Community of Property15 Extending Clauses in Deeds of Transfer17 Subdivision of the Common Property in a Sectional Title Scheme - Part III18 Case Law All the cases you must take note of19 Recently Published Articles and Research References to all relevant published articles and legal research 31 Books Review on Fourie's Conveyancing

6 Practice Guide Second edition by J Christie31 Other features Creation of land Records prior to Formal Registration in Lesotho25 National Diploma in Deeds Registration Law: Course for First-Year Students30 DISCLAIMER The views expressed in the articles published in this journal do not bind the Department of land Affairs and the Chief Registrar of Deeds. The ChiefRegistrar of Deeds does not necessarily agree with the views of the committeeAt the beginning of last year, the Department ofAgriculture and land Affairs (the Department)invited proposals from suitably qualified persons to actas lead consultants to assist in the creation of new legislation that will: deal with the administration and management ofsectional titles.

7 And provide appropriate dispute resolution structure(s)for Sectional Title was the result of a recognized need for the creation of a structure to address consumer issuesarising from Sectional Title tenure. To the people whowork with this form of tenure or live within sectionaltitle schemes, this is a long-awaited piece of legislation they require. The dispute resolution mechanisms currently available to Sectional Title consumers are ineffective in practice. Access to thecourts to resolve Sectional Title disputes is too expensive and time-consuming.

8 The arbitration provision inserted into the management rules prescribed by the Sectional Titles Act 95 of 1986 hasnot provided a viable is against this background that the Departmentappointed a consortium under Graham Paddock &Associates to conduct investigations into a SectionalTitles Ombudsman service or other dispute lead consultants of this consortium are van der Merwe, Graham Paddock, who isalso the project manager, and the author. Varioussub-consultants and other experts will also Van der Merwe is currently a professor of CivilLaw at the University of Aberdeen.

9 He has served asPresident of the South African Society of Teachers ofLaw, President of the South African Committee of theInternational Academy of Comparative Law and asDean of the Faculty of Law of the University ofStellenbosch. Prof. Van der Merwe is an internationallyrecognized expert on apartment ownership and allthe various types of condominium , strata titles andsectional Title laws. He is the author of the leadingacademic text on Sectional titles, Sectional Titles (Volume 24 of Butterworth s Law of South Africa).Graham Paddock is a Cape Town conveyancer whospecializes in all aspects of Sectional titles.

10 The authoris a Pretoria conveyancer, specialising in property lawand Sectional Title already mentioned, the brief includes drafting newlegislation dealing with the management and adminis-tration of Sectional Title schemes. This project is part ofan initiative by the Department to review and revise allSouth African legislation dealing with land Title legislation, originally brought into forcein 1973, was substantially revised in 1988 and furtheramended in 1997. The resolution of Sectional Title disputes has become an increasing problem. The provisions made in 1997 to deal with Sectional Title disputes have not provided an effective initiative will result in third generation sectionaltitle legislation.