01 April 2021 00:00
- Deeds Office
- Real Estate Land and Conveyancing
- Deeds Registries Act
- Allen West
Allen West discusses the necessary procedure to be followed by a Conveyancer / Notary when referring a matter to the Chief Registrar of Deeds for a review.
Conveyancers and Notaries often experience faulty rejections and when examiners are confronted to do corrective maintenance, same is denied.
The following procedure must be followed by a Conveyancer / Notary when referring a matter to the Chief Registrar of Deeds for a review:
Before referring a matter to the Chief Registrar of Deeds, all internal processes in the Deeds Registry must have been exhausted. In other words, the matter must have been discussed with the relevant examiners, Assistant / Deputy Registrar of Deeds as well as the Registrar of Deeds. Only matters that the Registrar of Deeds and Conveyancer / Notary cannot agree upon may be referred to the Chief Registrar of Deeds for an opinion.
The Conveyancer / Notary must in writing request the Chief Registrar of Deeds to provide an opinion. The request must be accompanied by the relevant supporting documentation.
Upon receiving the request, the Chief Registrar of Deeds may require the Registrar of Deeds to submit a report providing reasons for his/her decision.
The Chief Registrar of Deeds will investigate the matter and give an opinion on the findings. An opinion will be sent to the Conveyancer / Notary (for information purposes), as well as the Registrar of Deeds (for information purposes / a request for reconsideration (where applicable)).
Where the procedure above has not been followed, that matter will be referred back to the Conveyancer / Notary for compliance.
Should you require more assistance, please do not hesitate to contact us.
Tonkin Clacey Pretoria
012 346 1278