Extending clauses

Allen West discusses Johannesburg Registrar's Circular No. 1/1982 to address confusion as to the couching of extending clauses of deeds to be registered in the Johannesburg Deeds Registry.

Much confusion prevails as to the couching of extending clauses of deeds to be registered in the deeds registry of Johannesburg. For this reason the Circular issued in 1982 follows:

JOHANNESBURG REGISTRAR’S CIRCULAR NO. 1/1982
(TO CONVEYANCERS)

EXTENDING CLAUSES:

1. At the request and in collaboration with your conveyancing Committee the following examples of extending clauses (also approved in Pretoria) are given order to assist Conveyancers to observe uniformity in the application of Regulation 26 as attended: –

a) For a new subdivision with a new sub divisional diagram.

“As will appear from the annexed Diagram S.G. No …………/19…………. and held by Deed of Transfer No…………………/19……………. "(Form TT)

b) For a subsequent transfer thereof

“First transferred and still held by Deed of Transfer No…………………. /19………………… with Diagram No………………/19………… annexed” (Form UU, note 4)

c) For all subsequent transfers

“First transferred by Deed of Transfer No…………………………. /19………………… with diagram No…………………………. /19……………………………. annexed and held by Deed of Transfer No……………………………/19………………………… "(Form UU)

d) For a first transfer of an erf reflected on a General Plan

“As will appear from General Plan No…………………/19………… and held by Deed of Transfer No……………………. /……………………….” (Form TT)

e) For a subsequent transfer thereof

“First transferred and still held by deed of Transfer T…………/ 19………….and General Plan No………………………/19……………. relating thereto." (Form UU, note 4)

f) For all subsequent transfers

“First transferred by Deed of Transfer no…………………/19…………… and General Plan No…………. /19…………………… relating thereto and held by deed of Transfer T…………………………. /19………………… "(Form UU)

g) In case of a transfer of the whole property previously registered but the extending Clause in the title deed by which the land is held is not substantially the same as prescribed in form TT the reference that first deed and the diagram or general plan may omitted and should then read as follows: –

“Held by Deed of Transfer No………………/19……”

h) If the deed referred to is a Certificate of Title word “registered” instead of “transferred” to be

i) Note that the diagram/General Plan number need not be quoted if not disclosed in the prior deed.

2. Conveyancers may use the new form of extending Clause forth- with without referring to the date OF TITLE AND THE NAME OF THE PERSON IN WHOSE FAVOUR A DEED WAS MADE NOTWITHSTANDING WHAT HAS BEEN SAID IN PARAGRAPH 6.2 OF THE Chief Registrar’s Circular No. 2/1982.

3. NEW DEEDS COVERS:
I wish to express my appreciation for the co-operation received from all of you during the introduction of the new deeds covers and all the changes coupled therewith.

4. Conveyancers must please remember that the last conveyancer executing a deed in a batch must link the batch and present it to one of the Registrars at his table. For good reasons deeds which have not been presented to one of the Registrars will not be executed by them.

5. The concession to use your old covers instead of the gold covers if is finally extended till 15th May 1982.

6. Please note that in batches where cancellations or other dealings with existing bonds are lodged simultaneously with a new bond only the new bond is numbered as No. 1 in the batch and followed by the cancellation or other dealings with the bond. Paragraph 3.2 of Circular No. 3/81 only referred to a general Power of Attorney and not a new bond:

7. GENERAL:

When referring to the identity number of a person in deeds the words “Identity No” must be used. The abbreviation “I.D.” is not permitted.

8. Conveyancers are again reminded that he words “CERTAIN” and “Undivided share” must not appear in the description of properties. When a share in a property is transferred the share must form part of the description of the property, viz:

“Half (1/2) share in Erf 203 Parktown.”

9. Conveyancers from the East and West Rand are requested to attend to their executions every day of the week and not only 2 or 3 days per week. The deeds which have to stand over as a result of this action causes an undue burden on a depleted deeds office staff. Not only your deeds but also those of the simul firms have to be handled twice or more before being executed eventually.

Your co-operation will be appreciated.

RAND TOWNSHIPS REGISTRAR
29TH APRIL 1982
NC

EXTENDING CLAUSES FOR JOHANNESBURG DEEDS OFFICE USE

DIAGRAM DEEDS

Old

1. Measuring 400 (Four Hundred) square metres as will more fully appear from the annexed diagram S.G. No. A 344/1956

2. Extending as Deed of Transfer F 3585/1967 with diagram annexed made in favour of George Streak on the 3rd May 1967 will more fully point out.

3. Extending as Deed of Transfer F 2222/1940 annexed made in favour of Jan Bantjes on the 3rd May 1940 and subsequent deeds the last being Deed of Transfer No. T 6000/1970 made in favour of the appearer’s principal on the 10th June 1970 will more fully point out.

4. All cases where the existing title deed is endorsed as follows: “The within mentioned property is now defined by diagram S.G. No. A ………. hereunto annexed.”

New

1. First transferred and still held by Deed of Transfer No. T (present deed) with diagram S.G. No A 344/1956 relating thereto.

2. First transferred by Deed of Transfer F 3585/1967 with diagram annexed thereto and held by Deed of Transfer T (present title number).

3. First transferred by Deed of Transfer No. F 2222/1940 with diagram S.G No. A 332/1940 annexed thereto and held by Deed of Transfer T (present title number).

4. First transferred and still held by Deed of Transfer (present title number) with diagram S.G. No. A ………… annexed thereto.

GENERAL PLANS

Old

1. Measuring 900 (Nine Hundred) square metres as will more fully appear from the General Plan of the said Township S.G. No. A 445/1967.

Held by Daisy Lawn Limited under and by virtue of Deed of Transfer F 3434/1967 registered on the 12th May 1967.

2. Extending as Deed of Transfer F 5667/1978 made in favour of Klaas de Boer on the 12th May 1978 and the General Plan of the said Township more fully point out.

3. Extending as Deed of Transfer F 5545/1967 made in favour of Johan de Wet on the 30th March 1967 and subsequent deeds the last being Deed of Transfer T 6787/1985 made in favour of the appearer’s principal on the 12th June 1985 and the General Plan of the said Township therein referred to will more fully point out.

4. Extending as Certificate of Conversion to Freehold Title F 222/1965 made in favour of Koos Meintjes on the 2nd April 1965 and subsequent deeds the last being Deed of Transfer T 3434/1977 made in favour of the appearer’s principal on the 3rd August 1977 and the General Plan of the said Township therein referred to will more fully pointed out

1. New

2. First transferred and still held by Deed of Transfer T (present title number) with General Plan S.G. No. A 445/1967 relating thereto.

2. Held by Deed of Transfer T (present title number)

3. Held by Deed of Transfer T (present title number)

4. First registered by certificate of Conversion to Freehold Tile F 222/65 with General Plan relating thereto and held by Deed of Transfer T (present title number)

Should you require more information in this regard, kindly contact me.

Allen West
Tonkin Clacey Pretoria
012 346 1278