Chief Registrar’s Circular No. 3 of 2017 Chief Registrar’s Circular No. 4 of 2017
Rectification of Title Deeds and updating of Deeds Registry records regarding the vesting of State Land
1. APPLICATION OF THIS CIRCULAR AND REPEAL OF CRC 1 OF 2012
The procedure contained in CRC 1 of 2012 relating to the rectification of title deeds and updating of deeds registry records with regards to the vesting of immovable state land, does not address instances where vesting was as a result of a formal transfer or vesting other than a vesting in terms of an Item 28(1) certificate. Many title deeds still reflect a Government Department or the 'Republic of South Africa', as the registered owner of state land.
Instances where vesting was incorrectly done in the name of the ‘National Government of the Republic of South Africa' instead of the relevant Provincial Government and vice versa are also not addressed in the Circular.
CRC 1 of 2012 is withdrawn and substituted with this Circular.
2. VESTING OF IMMOVABLE STATE LAND
3. RECTIFICATION OF TITLE DEEDS AND UPDATING OF DEEDS REGISTRY RECORDS
Endorsement in terms of section 3 (1) (v) of Act No. 47 of 1937
The within-mentioned *property/right/asset vests in the -
*National Government of the Republic of South Africa/Provincial Government of (state relevant Province)
Application filed with BC
DATE: REGISTRAR OF DEEDS
*Omit whichever is not applicable.
4. INCORRECT VESTING OF IMMOVABLE STATE LAND
Where immovable property incorrectly vests in the name of the ‘National Government of the Republic of South Africa' instead of a Provincial Government, or vice versa, such incorrect vesting must be corrected by means of the registration of a rectification transfer, alternatively a 'new' Item 28(1) Certificate must be lodged. Examiners must write 'superseded’ over an incorrect section 3(1)(v) endorsement, or over an incorrect Item 28(1) endorsement. The relevant title deed/s must also be endorsed with a transfer endorsement in cases of a rectification transfer, or a 'new' Item 28(1) endorsement in cases of vesting in terms of an Item 28(1) certificate.
5. OFFICE FEES
No fee or other charge is payable in respect of a registration in terms of Item 28(1) of Schedule 6 of Act No. 108 of 1996 (see Item 28(2)). An office fee, therefore, must not be charged in respect of an endorsements referred to in paragraph 3.5 above.