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Issue 02 / November 2015
For expert advice contact
our experienced staff
T: +27 (12) 425 3400
Attorneys',Conveyancers'
and Notaries:
jvbroekhuizen@macrobert.co.za
jessica.jvrensburg@macrobert.co.za
dduplooy@macrobert.co.za
Property Specialist:
awest@macrobert.co.za
Property Liaison Manager:
dloubser@macrobert.co.za
Eradicating the Confusion Surrounding the Substitution of a Debtor in Terms of Section 57 of the Deeds Registries Act 47 of 1937A fair amount of legal debate surrounding the application and interpretation of the provisions of section 57 of the Deeds Registries Act 47 of 1937 (the Act) has been published and argued on, over the last few years. However, confusion still reigns given the hidden implications of the section.
Capacity of a Rehabilitated Insolvent to Deal with Immovable Property
Section 20 of the Insolvency Act provides that as soon as the estate of an insolvent has been sequestrated, such insolvent is divested of the estate which is then vested in the Master and, on appointment of a trustee, in such trustee (see also the definition of owner in section 102 of the Deeds Registries Act 47 of 1937).
There are three manners in which a former insolvent can be re invested with immovable property which formerly vested in the trustee. Each will now be perused more closely.Authenticity of Certificates Issued in Terms of Section 15B (3) of the Sectional Titles Act 95 of 1986
Practice has showed that the contents of the section 15B(3) certificates provided by conveyancers do not always depict the correct state of affairs. It will be endeavoured to cover all the different variations which the conveyancers certificate must follow under different circumstances, and the possible loop holes that cognizance must be taken of.
Notarial Tie Agreements
For time immemorial registrars of deeds have been registering notarial tie agreements which have the status of a personal servitude, and are capable of being registered under the provisions of section 65 of the Deeds Registries Act 47 of 1937
Disclaimer: MacRobert Inc. has taken care to ensure that the content of this newsletter is accurate. The possibility of administrative oversights or other inaccuracies in third party material can however not be excluded. This newsletter is further not intended to be entirely comprehensive on the subject matter and must be viewed as a tool for general research and alerting purposes only. The reader is accordingly cautioned not to take any decisive action based on the content of and/or omissions to this publication alone and MacRobert does not accept liability for any damages incurred as a result of any party relying solely on such content or fact of omission.
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