GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA N$15.24 WINDHOEK - 1 July 1996 No. 1343 CONTENTS Page GOVER.1IJMENT NOTICE No.180 Deeds Registries Regulations ............................................................................................ Government Notice MINISTRY OF LANDS, RESETTLEMENT AND REHABILITATION No. 180 DEEDS REGISTRIES REGULATIONS 1996 The deeds registries regulation board has under section 10 of the Deeds Registries Act, 1937 (Act 47 of 1937)(a) made the regulations, approved by the Minister, as set out in the Schedule; and (b) repealed Government Notices 225 of 1964, 207 of 1967, R.437 of 1973, R.2578 of 1978, R.127 of 1979, AG. 110 of 1982, AG 48 of 1983 and 48 of 1986. ;",... ...... . '" 2 Government Gazette 1 July 1996 No.1343 SCHEDULE Definitions 1. In these regulations any word or expression to which a meaning has been assigned in the Deeds Registries Act, 1937 (Act 47 of 1937) shall bear that meaning and, unless the context otherwise indicates - "duly witnessed" means attested as provided in section 95 of the Act; "legal practioner" means a legal practitioner as defined in section 1 of the Legal Practitioners Act, 1995 (Act 15 of 1995); "the Act" means the Deeds Registries Act, 1937 (Act 47 of 1937). Deputy Registrar 2. The Deputy Registrar (if any) may exercise or perform any of the powers, duties or functions of the Registrar - (a) when required to do so by the Registrar, whether the Registrar is present or not: Provided that any if objection is taken to any decision of the Deputy Registrar when so acting, there shall be an appeal to the Registrar, who shall have power, if he or she sees fit, to vary or set aside such decision; (b) during the absence of the Registrar for any period not exceeding six weeks on leave, duty or from illness or other unavoidable cause. . '" No.1343 Government Gazette I July 1996 3 Registration Divisions and Numbering of Units 3. The areas defined as magisterial districts in the First Se:hcdnk to the >8Utb~l . . ... , . . , 5"11 IfJ ~6(dl{. ~ shall, from the date of commencement of these regulations, continue to constitute registration divisions, each bearing a distinctive letter to be assigned by the SurveyorGeneral: Provided that if the boundary of any such registration division crosses unsurveyed State Land, the boundary of such registration division over such State Land shall upon subdivision of such State Land be the nearest cadastral boundary as determined by the Surveyor-General. 4. Whenever an adjustment in terms of the seetioo. proviso to regulation 3.fkt j:Jj):t!Ji!o(t . .. . '" resu 1ts m a f arm umt f a11mg m more th an one regIstratIon d IVlsIon, th e S urveyor-' " General shall take the necessary steps to have the boundaries of the registration division affected redefined in such a manner that such farm unit falls wholly within one registration division. 5. For the purpose of identifying erven, units), settlement holdings or lots (hereinafter called allotment Surveyor-General - the Registrar shall, in consultation with the (i) determine, if necessary, the limits of an area (hereinafter referred to as an allotment area) in which the registration of allotment units shall be confined to a single register or set of registers; (ii) assign, where deemed necessary, a distinctive number to each allotment unit situate within an allotment area: Provided that the local authority council in question may be consulted before the limits of an allotment area are determined. . '" 4 Government Gazette 1 July 1996 No. 1343 6. (1) The portions into which fanns or allotment units may be divided shall be numbered consecutively, whether directly from the parent piece or indirectly through an intermediate portion: Provided that - (i) portions already numbered or lettered, and for which title-deeds have been registered, need not be renumbered, but portions hereafter surveyed for the purpose of registration of title, shall follow in numerical progression thereafter, and the diagrams thereof shall disclose the parent portion; (ii) upon subdivision of any piece of land in an allotment area, it shall be permissible to assign a new unit number to such subdivision. (2) Where two or more portions of a fann unit or of an allotment unit are consolidated into one, the resulting piece of land shall receive the next consecutive number as if it were a new portion. (3) Where two or more fann units or two or more allotment units are consolidated into one, the resulting piece of land shall receive a new number. (4) Where a portion of a fann unit and a whole such unit or a portion of an allotment unit and a whole such unit are consolidate into one, the resulting piece of land shall receive a new number. (5) Where two or more portions of different allotment units or of different fanns are consolidated into one, the resulting piece of land shall receive the next suitable available number of the allotment area or registration division and where no such number is available, shall receive a new number in such allotment area or registration division. . '10 No.1343 Government Gazette 1 July 1996 5 (6) The Registrar may, after consultation with the Surveyor-General, authorise a departure from the provisions of subregulations (2) to (5) should it be found necessary to do so. 7. After the numbering of allotment units has been completed within an allotment area as prescribed in regulation 5, the Registrar shall take whatever steps may be necessary to compile a register or a set of registers for such allotment area; (i) (ii) to identify the allotment units with land held under any titledeeds; (iii) to endorse such title-deeds that the land compnses or corresponds with the respective unit or units and is now registered in the relevant register under its registration number. r Identity of Persons 8. (1) A person, except any person acting in a representative capacity, shall be identified in any deed, power of attorney, application, or other document submitted for registration, attestation or execution and registration, endorsement or preservation in the case of a natural person, by means of his or her IUUTl:es date Jt-vbri.l.t and ' G ~,j IV "3~~ Of/..of birth, or if his or her date of birth is not known, such other proof as lf allow, shall be used for the purposes of an alteration, an interlineation, a signature, or an initial on a deed or other document referred to in subregulation (1). (b) All alterations to, or interlineations in, such a deed or other document shall be initialled by the person who signed the deed or document and by the person who attested his or her signature (except the Registrar). (c) Where any witness other than the original witness attests the initial of the person who signed a document at any alteration or interlineation, such witness shall sign his or her name at such initial. (5) All alterations and interlineations shall, in the case of an attested deed by a notary, be initialled also by such notary. (6) Notwithstanding anything to the contrary in this regulation contained, the Registrar may in his or her discretion accept for preservation any copy of a document filed in any Government office, if such a copy has been certified to be a true copy by or on behalf of the head of such office or by a conveyancer or by a notary or, in the case of a diagram, by the Surveyor-General. 11. The Registrar may decline to allow any signature to a document for the purpose it was intended if such signature has been written across a stamp, or with ink other than black in colour and of good quality, or encroaches on the margin of such document: Provided that the Registrar may in his or her discretion relax the provisions of this regulation. .... ""," . '.. 8 Government Gazette 1 July 1996 No.1343 12. Any space in a deed of 3cm or more which have not been used shall be ruled through and, where a deed comprises more than one page, each page shall be numbered consecutively. 13. If, in the opinion of the Registrar, the writing, typing, or printing in any deed, power, or other document lodged for attestation, execution or registration or for any other purpose, is, owing to the faintness thereof, not calculated to secure durability, he or she may decline to attest, execute, register, or accept it, as the case may be. (1) 14. An addition of an "alias" to the description of any person by or to whom a deed lodged for execution or attestation in the Deeds Registry is to be passed shall not be permitted, and, if any such addition has been made in any other deed or power, or other document lodged for registration, the correct name only shall be recognized for purposes of such registration. (2) Deeds, powers, and other documents, if executed outside Namibia and expressed in a foreign language, may, at the discretion of the Registrar, be accepted for registration or record if a translation duly certified by person admitted to practise as a sworn translator is lodged therewith: Provided that if no sworn translator of any foreign language is readily available, the Registrar may in his or her discretion accept a translation made under oath by such other person as he or she may approve. 15. Every deed and document executed in or lodged for registration or record in the Deeds Registry shall disclose the place and date of execution thereof. ;,...,. .... Ijw~/' ~dJ ~ 16. Every deed of title land for which no form is prescribed, and every wherein provision is made for the inclusion ese regulations, shall immediately after uV 36704 such deed for which a form is prescrib of an extending clause in conformity with . '" No. 1343 Government Gazette 1 July 1996 9 (b) the registered number, if any, of such land. (2) In describing land no reference shall be made in a deed conferring title to land, or in a mortgage bond, to any building or other property, movable or immovable, which may be on or attached to the land. (3) When the description of the situation of land in an existing deed is defective or insufficient, and it is desired in connection with a further transfer of such land to amend the same, the Registrar may, subject, if he or she thinks necessary, to the production of a certificate from the Surveyor-General, permit such amendment to be made. (4) It shall not be necessary to repeat the description (if any) of the boundaries mentioned in a diagram, provided that a suitable reference to such diagram is made in the relevant deed. 19. In the description of land conveyed or hypothecated in a deed or bond the extent thereof shall be expressed in words and figures. 20. In the description of land the term "share" shall be employed when an undivided share in a piece of land is being dealt with, and such share shall be expressed in one fraction in its lowest terms, the method of arriving at the result also being given in complicated cases. 21. (a) Where land to be transferred or hypothecated is held by several deeds the Registrar may require the conveyancer to furnish a statement containing particulars regarding the different fractional shares and describing in complicated cases the method by which the result was arrived at, and also, where there are two or more owners, to indicate in . '" such statement the shares held by each. 10 Government Gazette 1 July 1996 No. 1343 (b) If the land is one of several pieces described in a transfer deed or mortgage bond the conveyancer shall furnish a reference to the paragraph therein which relates to such land. 22. No portion of any piece of land shall, save as provided by the Act, be transferred except upon a diagram thereof. 23. When a piece of land has been separated into two or more parts by the deduction of one or more intervening portions thereof, such parts forming the remaining extent shall not be regarded as being separate pieces of land for the purposes of section 42 of the Act. ~ 24. Where it is sought to transfer or cede immovable property to, or register mortgage bonds or notarial bonds in favour of persons who have not attained majority, such transfers, cessions, or bonds shall, subject to the provisions of section 25 of the Act, be made in the name of the minors and not in the name of their guardians, tutors, or curators, as the case may be. 25. (1) All deeds or documents executed by or on behalf or in favour of persons carrying on business as a firm or a partnership, or to which a firm may be a party, as also any power lodged or required in connection with such deeds or documents, must contain the full names of the partners constituting the firm. (2) When property is registered in the name of persons carrying on business as a firm or a partnership it may, so long as the firm consists of the same partners, be transferred, hypothecated, or otherwise dealt with, as the case may be, on a power bearing the signature of the firm and of the partner who affixed the firm's signature. ;, ' ...... . .'" No.1343 Government Gazette ] July 1996 11 (3) (a) If any partner in a firm wishes to transfer his or her share in any property of the firm to the remaining partners or to the remaining partners and some other person or persons, or to some other person or persons alone, to the end that such remaining partners either alone or together with such other person or persons, as the case may be, shall form a new partnership to hold such property, such transfer shall not be passed unless the whole of the property, and not merely the share of the disposing partner, be transferred or ceded to the new partnership, and the deed, power, or other document necessary for the purpose shall be signed by each of the partners of the original firm or by his or her duly authorized agent, and, in like manner, if a new partner is admitted into a firm and if such new firm wishes to transfer or cede property taken over from the old firm, such transfer or cession shall not be passed unless the said new firm has itself received transfer or cession of that property from the old firm. (b) In the event of any property of a firm not being dealt with on dissolution in the manner described in paragraph (a), the deed, power, or other document necessary for the transfer or cession to the partners thereof or such other persons to whom the same may have been disposed of, shall be signed by each of the individual partners or by his or her duly authorized agent. (c) If, during the continuance of a partnership any member thereof desires to register any transaction other than an endorsement pursuant to section 45 of the Act affecting his or her share in any property registered in the name of the partnership, he or she shall not be permitted to do so until transfer has been passed to such member of the share to which he or she is entitled. I" . 12 Government Gazette 1 July 1996 No.1343 (d) Where a partner is deceased and the deed of partnership provides that the partnership shall not be terminated by reason of such partner's death, but that his or her share in such partnership shall be administered by an administrator, it shall be competent for the Registrar to endorse the title-deed of any immovable property held by such partnership to the effect that the share of such deceased partner in such partnership shall be administered in terms of section 40 of the Administration of Estates Act, 1965 (Act 66 of 1965). (4) Where land has been sold by or to a firm or partnership, the transfer """'" duty receipt issued in respect of the sale shall disclose the names of the members thereof. 26. (1) The following procedure shall be observed in the preparation of deeds conferring title to land in regard to the conditions to which such land is or may be subject: (a) Where it appears from the deed produced to the Registrar that the land is subject to special conditions limiting the rights of the owner, such conditions shall be repeated in every subsequent deed conferring title to such land, and where necessary be referred to as mentioned in the deed whereby they were created; (b) where it appears from the deed produced to the Registrar that the land is subject to conditions other than those referred to in paragraph (a), such conditions shall, if the Registrar so requires, be repeated in a subsequent deed conferring title to such land, otherwise it shall be specially referred to as mentioned in such deed, and its character be described in general terms; . '" No. 1343 Government Gazette 1 July 1996 13 (c) where the deed produced to the Registrar is not a grant from the State and contains a general reference to conditions in a prior title-deed by which the land was held, every subsequent deed conferring title to such land shall be made subject also to such conditions as are referred to in the deed produced; (d) where the deed produced to the Registrar is a grant or transfer from the State comprising land acquired by purchase or otherwise, and such grant contains a general or specific reference to the conditions contained in the deed by which the land was conveyed to the State, the provisions of paragraphs (a), (b) and (c) shall apply; (e) on any subsequent deed relating to land in connection with which the provisions of paragraphs (a), (b) and (c), or any of them, have been applied, such deed shall follow substantially the preceding deed in its reference to the conditions and omit in this connection any mention of the preceding deed until such time as the land is made subject to further conditions, in which case such further conditions shall also be mentioned or specially referred to in the manner prescribed in the said paragraphs; (f) in every deed conferring title to land the rights of the State shall be expressly reserved; (g) the serial number and year of every deed to which reference is made in connection with conditions shall be quoted, provided that the Registrar may in his or her discretion relax the provisions of this subparagraph; and . '" 14 Government Gazette I July 1996 No. 1343 (h) should the provisions of this regulation not be applicable, the decision of the Registrar with regard to the procedure to be followed shall be observed. ~J . .~ Conditions s I be inserted in deeds in the official language, provided ~c.UfV 3' f04- (2) . that where any condition is embo d in a registered deed in any other language, such language may be perpetuated in subseq t deeds. (3) Where it appears from a deed that an owner of land has acquired any ~ right of servitude over any other land, such right should also be specially referred to or mentioned and described in every deed conferring title to the first-mentioned land. (4) If a deed lodged for execution or registration reserves or grants an interest described as a life interest, except where such interest is created by a will, the nature of such life interest shall be disclosed in such deed and in the relative power, if any. ~M ~c-~ ~ ~ 'Jb I~ (5) Conditions shall, as as practicable, be embodied in the title-deed only in exceptional annexure. and appear immediately after the circumstances may conditions be contained in (6) No condition shall be included in any deed or bond which purports to impose upon the Registrar any duty or obligation not sanctioned by law. ~ed.eJ i:J ~c.VN 3b IlJf.~ 27. Where a spou married in community of property desires to deal with land registered in the name of tll ther spouse the latter should affix his or her f attorney in the presence of a witness as so, other signature and the date thereof to the powe evidence that the marriage still subsists, and satisfactory proof of such subsistence shall be produced. . '. No. 1343 Government Gazette 1 July 1996 15 28. Where in the circumstances contemplated in the proviso to subsection (1) of section 58 of the Act it is necessary to pass transfer to a rehabilitated insolvent, such transfer may be passed upon a power of attorney signed by the Master of the High Court. 29. namely (1) The consent for the registration of the following transactions, (a) cancellation of a registered mortgage bond or notarial bond; (b) release of any part of property hypothecated by a registered mortgage bond or notarial bond or, in the case where the debt is further secured by any such collateral bond, of all the property, or of any joint debtor or of any surety in respect of any such bond; (c) part payment of a capital amount due in respect of any registered mortgage bond or notarial bond other than a registered mortgage bond or notarial bond intended to secure future debts; (d) reduction of cover in respect of a registered mortgage bond or notarial bond intended to secure future debts; (e) waiver of preference in respect of a registered mortgage bond or notarial bond with regard to the whole or any part of the property hypothecated thereby in favour of any other such bond, whether registered or about to be registered; (f) cession of a registered mortgage bond or notarial bond; (g) cancellation of a cession of a registered mortgage bond or notarial bond made as security; . I" 16 Government Gazette 1 July 1996 No. 1343 (h) substitution of any other person for a debtor in respect of a registered mortgage bond, shall be granted in every case in accordance with the applicable prescribed form W or CC, as the case may be, on separate forms by the holder of the bond or the holder of the bond and the mortgagee or the person to be substituted for the mortgagee, as the case may be, and shall be duly signed and attested. (2) Any agreement referred to in section 3(1)(s) of the Act, shall be entered into in accordance with form FF and shall be duly signed and attested. (3) The application and consent required under the proviso to paragraph (a) of subsection (5) of section 40 of the Act of an owner and a holder of a bond, shall be made and granted in accordance with form GG and shall be duly signed and attested. (4) The consent referred to in subregulation (I) and the application and consent referred to in subregulation (3) and the agreement referred to in subregulation (2) shall, in addition to particulars required in the Form concerned, contain also the full names and marital status of the holder of the bond and of any party who thereby grants his or her consent. (5) The application and consent referred to in subregulation (1) and (3) and the agreement referred to in subregualtion (2), shall be preserved by the Registrar. (6) The consent referred to in paragraphs (e) to (h) of subregulation (1), the ~.,... . agreement referred to in subregulation (2) and the application and consent referred to in subregulation (3), shall be prepared in duplicate and the duplicate copy thereof shall be annexed to the copy of the bond of the holder of the bond: Provided that if no . '" No. 1343 Government Gazette 1 July 1996 17 duplicate copy is available, a copy certified by a notary or conveyancer shall be annexed to the copy of the bond of the holder of the bond. (7) Any application, consent, or agreement referred to in this regulation may not relate to more than one bond. 30. (1) Where it is sought to mortgage land held under special conditions limiting the rights of the owner, the Registrar may require those conditions to be set out in the bond or a suitable reference made thereto. (2) (a) Every mortgage bond shall contain a full and clear description of the property to be hypothecated, including the extent thereof, and when two or more properties are to be hypothecated, each property shall be described in a separate paragraph. (b) The number (comprising the serial and year number), if any, of the deed by which the property is held, shall also be quoted in each paragraph: Provided that where more than one property is held by one and the same deed, such number of the deed may be quoted after the description of the last of such properties. (3) Where a bond is lodged for the purpose of noting any part payment or reduction of cover thereon such part payment or reduction of cover need not be noted on the title-deed of the property affected. (4) The deed of cession of a bond shall set forth the causa of such cession. (5) Where the cession of a bond has, prior to the coming into force of these regulations, been endorsed upon such bond the Registrar may accept for filing a duplicate original of the cession or an acknowledgement of such cession, in terms . I" 18 Government Gazette 1 July 1996 No. 1343 approved by him or her signed by the cedent and duly witnessed, or a notarially certified copy of such cession. (6) Any waiver of preference in respect of a registered real right in land (including rights mentioned in section 66 of the Act which may be contingent) to or in favour of the legal holder under a registered or registrable mortgage bond shall, if such bond has been registered, be contained in a notarial deed, and if such bond has not been registered be contained in a notarial deed or in such bond as the owner of such right may elect. (7) Every waiver registered in terms of this regulation shall be duly noted on the owner's title to such right, and in the case of a registered bond, on such bond. 31. (a) The consent of the legal holder of any bond referred to in section 27 of the Act shall be furnished in duplicate and, should a duplicate not have been furnished, the Registrar may accept a copy certified by a conveyancer or notary. (b) The original of the consent referred to in paragraph (a) shall be retained by the Registrar and the duplicate or copy thereof shall be annexed to the bond. 32. (1) Every deed of grant, deed of transfer, certificate conferring title to immovable property, deed of cession referred to in section 32 of the Act or mortgage bond shall be prepared by a conveyancer, who shall make and sign a certificate in the undermentioned form in the upper right hand corner of the first page of the document concerned: Prepared by me ........................................ ~- ..... CONVEYANCER . I" No. 1343 Government Gazette 1 July 1996 19 ... ... (State surname and initials in block letters.) (2) A conveyancer who prepares a deed of grant, deed of transfer, certificate, deed of cession, or mortgage bond referred to in subregulation (1) shall initial personally all alterations or interlineations in such deed of grant, deed of transfer, certificate, deed of cession, or mortgage bond and also every page thereof not requiring his or her signature if such deed of grant, deed of transfer, certificate, deed of cession, or mortgage bond is written on separate sheets, and no such deed of grant, deed of transfer, certificate, deed of cession, or mortgage bond shall be accepted for execution or registration if it does not bear such certificate and is not so initialled, provided, however, that in the case of a deed of transfer or mortgage bond where an alteration or interlineation does not, in the opinion of the Registrar, require initialling by the conveyancer who prepared such deed of transfer or mortgage bond, such alteration or interlineation shall be initialled by the conveyancer executing such deed of transfer or mortgage bond. 33. (1) , Subject to the pr . isions of subregulation (3), any power oflJ(,\)t15JJ-:I ., c'tV/!)'3b/oq, 0 f an act 0 f regIstratIOn (.) l' ' attorney, app IlCatIon, or consent reqUIre d or t h e perlormance in the Deeds Registry and any agreement of partition referred to in section 26 of the Act executed and tendered for registratio shall be prepared by a practising legal pr and sign a certificate in the undermentione first page of the document concerned: or filing of record in the Deeds Registry, titioner or a conveyancer, who shall make form in the upper right hand comer of the Prepared by me .......................................... LEGAL PRACTITIONER/CONVEY (Use whichever is applicable) .. A CER ....... (State surname and initials in block letters.) . '" 20 Government Gazette 1 July 1996 No.1343 (2) Subject to the provisions of subregulations (3) any material alteration or interlineation in any power of attorney, application, consent, or agreement of partition referred to in subregulation (1) shall be initialled by the legal practitioner or conveyancer who prepared such document. (3) The provisions of subregulations (1) and (2) shall not prevent any legal practitioner or conveyancer in the employ of the Public Service from preparing, in the course of his or her employment, any document referred to in those subregulations, which is required for the performance of any function to be performed in the Ministry in which he or she is employed. / (4) When a certificate referred to in subregualtion (1) is signed by a legal practitioner, the fact that the signatory is a practising legal practitioner shall be confirmed by a practising conveyancer, who shall countersign the certificate by making and signing the following certificate thereon: Countersigned by me ..................................................... CONVEYANCER ... ... ...... (State surname and initials in block letters.) 34. The person signing the preparation certificates prescribed by regulations 32 and 33(1) accepts, in terms of section 15A(1) and (2) of the Act, responsibility for the correctness of the undermentioned facts stated in the deeds or documents concerned or which are relevant in connection with the registration or filing thereof, namely: . I" No.1343 Government Gazette 1 July 1996 21 (a) that all copies of the deeds or documents intended for execution or registration are identical at the date of lodgement; (b) that, in the case of a deed of grant, deed of transfer, or certificate of title of land, all the applicable conditions of title contained in or endorsed upon the owner's copy of the title-deed, together with any conditions imposed in terms of the Townships and Division of Land Ordinance, 1963 (Ordinance 11 of 1963), have been correctly brought forward or created in that deed of grant, deed of transfer, or certificate of title to land; (c) that, in case of a document referred to in regulation 33(1) being signed by a person in his or her capacity as an executor or executrix, administrator, trustee, tutor, curator, liquidator, or judicial manager from perusal of the document evidencing such appointment exhibited to him or her, such person has in fact been appointed in that capacity; (d) that, to the best of his or her knowledge and belief and after due enquiry has been made - (i) the names, date of birth and marital status of any natural person being a party to a deed of grant, deed or document, and in the case of any other person, its name and registered number (if any), or the name of a trust are correctly reflected in that deed or document; (ii) in the case of a document referred to in regulation 33(1) or a deed of grant - (aa) the transaction as disclosed therein is authorised by and in accordance with the constitution, regulations or . '" 22 Government Gazette 1 July 1996 No. 1343 founding statement, as the case may be, of any church, association, society, or other body of persons, or any institution other than a company incorporated under the Companies Act, 1973 (Act 61 of 1973),or close corporation incorporated under the Close Corporations Act, 1988 (Act 26 of 1988), or the deed of a trust being a party to such document or deed of grant; (bb) a company incorporated under the Companies Act, 1973, or a close corporation incorporated under the Close Corporations Act, 1988, being a party to such document or deed of rant, has been incorporated in Namibia; ~ (cc) a trustee being a party to such document or deed of grant is acting therein in accordance with the powers set out in the deed of trust concerned and that any security required had been furnished to the Master of the High Court; (iii) in the case of a document referred to in regulation 33(1) the necessary authority has been obtained for the signing of such document in a representative capacity on behalf of a company, close corporation, church, association, society, or other body of persons, or an institution; (e) that, in the case where a conveyancer is signing the preparation certificate on a deed of transfer, certificate of title conferring title to immovable property or a mortgage bond, he or she shall accept responsibility that the particulars in the deed, mentioned in paragraph - . I" No. 1343 Government Gazette 1 July 1996 23 (d)(i), have been brought forward correctly from the special power of attorney or application relating thereto. Lodgment and Execution of Deeds 35. All deeds, mortgage bonds, documents and powers of attorney intended for registration, attestation, or execution and registration or preservation, as the case may be, shall be lodged for examination by a notary or a conveyancer practising at the seat of the Deeds Registry or by a person employed by a notary or conveyancer or by any person employed in the Public Service, in covers with the receiving clerk (who shall note thereon the date of lodgment), on working days between the hours that the Registrar shall determine: Provided that a notary who is not also a conveyancer or a person employed by such a notary may only lodge notarial deeds. (2) (a) Powers of attorney shall be lodged singly, and all deeds, mortgage bonds and other documents referred to in subregulation (I) shall be lodged in duplicate, except that in the case where more than one person is a party to a notarial deed affecting immovable property, an additional duplicate original, grosse or certified copy shall be lodged in respect of each title-deed involved and of each additional person being a party to the notarial deed and who is not the owner of the immovable property concerned, unless the Registrar requires in his or her discretion less duplicate originals, grosse or certified copies. (b) A notarial deed referred to in paragraph (a) and one copy thereof shall, subject to the provisions of section 3 of the Act, be signed by the Registrar and any other additional copies shall be endorsed that it has been issued for information only. (3) As soon as possible after the expiration of f6ttr working days after a f, II ~ ;5~b~/1:J N361tKJ 5''11 deed has been lodged in accordance with subregulation (1), such a deed intended for . '" 24 Government Gazette 1 July 1996 No. 1343 attestation or execution and registration, and in respect of which no objection exists, shall be attested or executed before or by the Registrar: Provided that the Registrar may allow any deed to be attested or executed before the expiration of such number of working days, and may reject deeds not attested or executed within such number of working days. (4) In the event of two or more mortgage bonds being passed on the same day by one and the same mortgagor over the same property, the Registrar shall, if each bond does not disclose the order in which it is to rank, note on each the exact time at which he or she affixed his or her signature thereto. (5) Deeds lodged for attestation or execution and registration and in respect of which an objection exists, shall, if circumstances permit, be rejected not ~v.~\ ~ ~()'V )bl()~ater than ~ working days after lodgement. Although a deed is to be fully examined in the first instance, if a defect (6) of such a nature as to justify rejection is discovered in connection with any deed or other document lodged for execution or registration, the Registrar shall have the power to direct that the further examination of the deed shall be postponed until the defect has been cured and to reject such deed in the ordinary course. 36. No cession of the balance due under any bond shall be registered until the amount paid in reduction thereof has been noted, nor may any bond, other than a bond to secure future debts, of which part of the capital amount has been repaid be substituted under the provisions of sections 45 and 57 of the Act, until the part payment has been noted. 37. (1) Where application is made under the provisions of section 45 of the Act there shall be produced, in addition to the title-deeds, lease under any law relating to land settlement and bonds, the following documents: . '" No. 1343 Government Gazette 1 July 1996 25 (a) Where transfer duty is payable, a receipt for such duty; (b) tl:1~ ".Till a~~~pt@d and c@rtifi@d by tbe Mast@r; If wh~l:J jV'V 36104 (c) where the property was purchased from the estate by such survivor, being also the executor in the estate, an Order of Court confirming the sale; (d) where action IS being taken under sections 38 and 94 of the Administration of Estates Act, 1965 (Act 66 of 1965), a certificate or consent from the Master; (e) in circumstances where no consent or certificate of the Master is required, a certificate from the Master that the liquidation account in ~~.,y~ro the estate has lain for inspection, that no objection thereto has been received and that the endorsement to be made is in terms of the account; (f) where such survivor is an heir in terms of the Intestate Succession Ordinance, 1946 (Ordinance 12 of 1946) (i) proof that the deceased spouse left no valid will; and (ii) proof of the balance of the estate for distribution by means of a Certificate of the Master or a copy of the liquidation account certified by the Master; and (g) where application is made for the endorsement of a lease under any law relating to land settlement, the consent of the Minister responsible for . '. 26 Government Gazette 1 July 1996 No. 1343 the administration of matters pertaining to land settlements shall be produced to such endorsement. (2) When a title-deed is endorsed under section 45 of the Act, the Registrar shall make an appropriate note in the register affected. 38. (1) Where land is to be transferred in pursuance of the provisions of a will, codicil, or other testamentary instrument, a copy of the will, codicil, or other testamentary instrument, as the case may be, certified and accepted by the Master or, in the case of an estate to which the provisions of the Administration of Estates (Rehoboth Gebiet) Proclamation, 1941 (Proclamation 36 of 1941) applies, the magistrate concerned, shall be lodged with the deed, and the Registrar may in his or her discretion require any executor who seeks to transfer land belonging to the estate under his or her administration, to lodge a certified copy of the will, codicil, or other testamentary instrument, and of the liquidation account in the estate, but if a copy has already been lodged in the Deeds Registry, it shall be sufficient if a note is made in either case on the deed indicating the number and the date of the deed with which /1 such copy is filed. (2) Where land is sought to be transferred by an executor in pursuance of - (a) paragraph (b) of section 21 of the Act, there shall be lodged with such transfer a certificate by the Master or the executor or a conveyancer that the land has been sold to pay the debts of the joint estate; or (b) paragraph (c) of section 21 of the Act, there shall be lodged with such transfer a certificate by the Master or a conveyancer that the surviving spouse has adiated under the will whereby the joint estate is massed or a statement to that effect signed by the surviving spouse and duly witnessed; . '" No. 1343 Government Gazette 1 July 1996 27 (c) any of the exceptions contemplated in paragraphs (a) to (e) of section 21 of the Act, the deed of transfer shall indicate that the transfer is on behalf of the joint estate and that the joint estate is divested. 39. (1) Where it is sought to deal with immovable property, the title- deed of such property, or a certified copy thereof, issued to serve as an original, shall, except as provided for in the Act and in subregulations (2) and (3) of this regulation be produced and be mentioned in the deed dealing with such property, but it shall not be necessary, unless the Registrar so requires, to produce any deed by which the property was previously held, whether such deed be the diagram deed or any intermediate deed, nor shall the Registrar be required to endorse thereon any record of subsequent dealings with the property. (2) Where immovable property is to be transferred or ceded in execution of the judgment of any competent court by the officer appointed by law, or by such court, it shall not be necessary to produce the title-deed of such property or a certified copy issued in lieu thereof if such officer certifies in writing that he or she has been unable to obtain possession of such title-deed or copy: Provided that where the duplicate original of such title-deed filed of record in the Deeds Registry has been lost or destroyed it shall be necessary for such officer to obtain a certificate of registered title under the provisions of section 31 of the Act, for which purpose such officer shall be regar~e» JS_th~ ~wj~~a~ (3) Trans£' ~a.J "Ii 361tJLt in terms of section 55(3) of the Agricultural Bank Act, 1944 ~€.i .,~ EfU t1;. 'IItlt.; (Act 13 of 1944), may be sed without the production of the title-deed of the property or a certified copy issued lieu thereof, provided that the Manager of the 'ting that he or she has been unable to Agricultural Bank of Namibia certifies in obtain possession of such title-deed or copy. 40. . I" ' ' ' un d IVId e d sh are In suc h Ian d or ng h ts to IlUIUgg areas IS reglstere d In t h e name 0 f a ' (1) . Where, in the partition of land or rights to miRiRg areas, an j)e.,L. . , .. 5£,\) 1IJ:3 (04 ~ 28 Government Gazette 1 July 1996 No. 1343 deceased person, or of his or her estate, or of his or her surviving spouse, the Registrar shall, if such share has been bequeathed, require not only the consent of the Master in terms of section 94 of the Administration of Estates Act, 1965 (Act 66 of 1965), on behalf of heirs or legatees who may be minors, but also the consents of the major heirs or legatees, if there are such, unless it can be proved to his or her satisfaction by documentary evidence that the partition was agreed upon during the lifetime of the testator. (2) Where a partition of land is effected in terms of section 26(7) of the '" Act, the agreementto partition or the powers of attorneyshall set out all the properties to be partitioned and the properties awarded to each partitioner, and the deeds of partition transfer shall be executed simultaneously. 41. (1) Where immovable property has been acquired by any person not married in community of property and transfer thereof has not been effected during the lifetime of such person, the transfer deed shall be made out in favour of the estate of such person. (2) A certificate of title of land which is registered in the name of a person since deceased shall be issued in the name of the registered owner (deceased), and not in favour of his or her estate. 42. Where in the circumstances provided for in subsection (1)(b)(ii) of section 14 of the Act, a transfer direct to a purchaser is lodged, such deed of transfer shall not be executed unless proof of the value of the immovable property being dealt with is furnished by means of a written valuation by a sworn appraiser. 43. Where a transfer is lodged in the circumstances provided for in section 30( 1) of the Act, such transfer shall not be executed unless proof that the land awarded on partition to the owner of any share subject to a fideicommissum is an equivalent of that share, is furnished by means of the written report of a sworn . '" No. 1343 Government Gazette 1 July 1996 29 appraiser or of an impartial person proved by the magistrate of the district in which the property is situate. 44. Where a note of expropriation is to be made in terms of section 31(6)(a) of the Act, such note shall not be made unless a certificate has been furnished to the Registrar by the expropriating authority describing the land, giving the name, registered number and registration division and setting out the full names of the registered owner and the number and date of the title. 45. Any person making application to the Registrar for a consolidated title shall, if the diagram of the land in respect of which such application is made does not contain a description of the several pieces of land comprised therein corresponding so far as may be material for purposes of identification with that contained in the existing title-deeds, cause to be lodged with his or her application a certificate containing such description from the Surveyor-General. 46. (1) Whenever it appears from any statement on the diagram of a portion of a piece of land about to be transferred that the transferor has granted a servitude in favour of such portion over the remaining extent thereof or over some other land adjoining the land to be transferred and registered in the transferor's name, or has imposed a servitude over such portion in favour of such remaining extent or other land, such servitude shall be embodied in the power given for the purposes of the transfer of such portion and also in the relative deed of transfer, unless such servitude can only be created on the subsequent transfer of such portion. (2) If a diagram lodged with an application for any certificate of title contains a statement indicating the creation of a new servitude, the Registrar shall decline to issue such title, unless there has been lodged for registration with the application a notarial deed embodying the terms of such servitude, unless such servitude is only to be created on eventual transfer of the land affected. . '" 30 Government Gazette 1 July 1996 No. 1343 (3) The land affected by a servitude shall be sufficiently described, and the serial number and year of the deed by which it is held shall be quoted, provided that the Registrar may in his or her discretion relax the provisions of this subregulation. 47. (1) Where cancellation of registration is sought under the provisions of section 68(2) of the Act, the Registrar may accept a unilateral notarial deed of cancellation by the holder of such servitude, provided that such deed does not impose any obligation upon the owner of the land. (2) The Registrar may accept for registration a unilateral notarial deed of - (a) cancellation of afideicommissum by thefideicommissary heirs; and (b) cession of a personal servitude referred to in section 66 of the Act, by the holder of such right or servitude, provided that such deed does not impose any obligations upon the owner of the land in a case as contemplated in paragraph (a) or upon a cessionary in a case as contemplated in paragraph (b). 48. In the circumstances mentioned in section 76 of the Act, the title-deeds of the land affected shall be endorsed as to the nature of the praedial servitude created in a deed of transfer, but should the description of the servitude be of such a lengthy or complicated nature so as to render an effective reference thereto or a transcription thereof impracticable by endorsement, an extract thereof certified by the conveyancer executing the deed of transfer shall be lodged for annexure by the Registrar to the originals and office duplicates of the deeds affected and a suitable reference to such extract shall be made by the Registrar upon such deeds. ~.. ....... 49. (1) If, in connection with the execution or registration or filing of record of any deed, power, or other document, reference is necessary to any deed or documeI}t already filed or registered in the Deeds Registry, the number and year of ''0 No. 1343 Government Gazette 1 July 1996 31 that deed, or of the deed with which such document is filed, or the number under which it is registered, must be furnished when the deed, power, or document is lodged for execution or registration or record, provided that where any deed, power, or document to which reference is necessary is of a lengthy character, it shall be the duty of the conveyancer or other person concerned to indicate the particular clause thereof which relates to the question to be determined. (2) (a) All deeds, bonds, diagrams, or documents necessary in connection with the examination, execution, or registration of any deed, bond, power, or other document lodged in the Deeds Registry, including all receipts or certificates required by law to be produced, shall accompany such deed. (b) The Registrar shall not execute or attest a deed or bond unless release, or the title-deeds and bonds thereon for cancellation, substitution accompany the deed or bond lodged for execution, except if such production is specifically waived under the Act or these regulations. (3) (a) Where a deed lodged by any person for execution or registration or any other purpose is intended to be executed or registered, or otherwise dealt with, in conjunction with a deed lodged by another person, a note to that effect shall be made by the conveyancer or other person responsible for the lodgement thereof on the several deeds concerned. (b) If any conveyancer fails to comply with paragraph (a), the deed in respect of which such omission has been made, may, if in order, be executed, registered, or otherwise dealt with independently of such other deed. . '.. 32 Govermnent Gazette 1 July 1996 No.1343 Powers and Certified Copies Thereof 50. (1) Any person seeking to pass, cede, or cancel a deed or to perfonn any other act in the Deeds Registry on behalf of any other person shall, except as hereinafter provided, lodge for filing with the Registrar the original power under which he or she claims to act. (2) A power contemplated in subregulation (1) shall specify the date, as well as the place of its execution, the latter being described sufficiently to enable the Registrar to judge whether or not it is situated within Namibia. (3) A special power of attorney to transfer, hypothecate, or otherwise deal with land or other immovable property shall contain - (a) a clear and sufficient description of such land or property; (b) the registered number, if any, of such land or property; (c) the number (consisting of the serial and year number) of the deed whereunder such land or property is held; and (d) with regard to a power of attorney to transfer land, the date of disposal of such land. (4) A general power of attorney shall not be available for the purpose of dealing with immovable property, unless it contains express authority empowering the agent to do so. (5) If at any time written notice is received from the mandant by the Registrar cancelling a power which has been registered, the Registrar shall forthwith . '. No. 1343 Government Gazette 1 July 1996 33 cause a suitable note of such cancellation to be made in the appropriate register and also on the power, and shall sign or initial the note on the latter. (6) If an original power is filed of record in the office of the Registrar or Master of the High Court of Namibia, the Registrar of Deeds may recognize, as and for the purposes of an original, any copy certified under the hand and seal of the Registrar or Master of the High Court: Provided that when it is sought by virtue of any copy of a power referred to in this subregulation to perform any act before the Registrar of Deeds, there shall be produced to him or her a letter or certificate, signed r" by the officer in charge of the office from which such copy was issued, dated not more than 21 days prior to the date of production thereof, evidencing that no notification of revocation of the original power had been received by him or her up to the date of such letter or certificate. (7) When a letter or certificate, as the case may be, has been produced to and lodged with the Registrar of Deeds by virtue of the proviso to subregulation (6), he or she shall also have authority to effect all necessary acts in connection with the registration of any consent, cession, or other matter given, made, or completed at any time prior to the date of the production and lodgment of such letter or certificate. (8) A notice of the revocation of any power of attorney filed in the Deeds Registry will only be recognised if it is signed by the mandant or by some person expressly authorized by him or her in writing to revoke the same. (9) If a power of attorney is printed or written on a form of a mortgage bond or deed of transfer, or authorizes the passing of a bond or transfer on a form annexed thereto, such form shall not be accepted for execution and registration as a bond for transfer. Gof'Alw oj c1e..ech> OvY\DI cft/,e/t docw'N\ernIs- - . -. It~f/Itl f Soy /(/ ~6'/~ 51. Copies of deeds conferring title to land or to any interest therein and copies of mortgage or notarial bonds, required for information only, shall be issued on . '" 34 Government Gazette 1 July 1996 No. 1343 the application of any person and the words "Issued for information only" shall be written or stamped on the face of every copy so issued. 52. Where copies of deeds conferring title to land or to any interest therein and copies of mortgage or notarial bonds are required for judicial purposes, they shall be issued on a written application signed by a legal practitioner or any authorized staff member in the Public Service, and the words "Issued for judicial purposes only" shall be written or stamped on the face of every copy so issued. 53. (1) If any deed conferring title to land or to any interest therein or any real right, or any registered lease or sublease or cession thereof or any mortgage or notarial bond, is lost or destroyed and a copy is required for any purpose other than one of those mentioned in regulation 51 or 52, the registered holder thereof or his or her duly authorized agent ma'l\ make written application for such copy, which application shall be accompanied by an affidavit describing the deed and stating that it has not been pledged and it is not being detained by anyone as security for a debt or otherwise, but that it has been actually lost or destroyed and cannot be found though diligent search has been made therefor, and further setting forth, where possible, the circumstances under which it was lost or destroyed. (2) If the circumstances of the loss or destruction are not stated, or if they are stated and the Registrar is of opinion that further evidence is necessary, either from the applicant himself or herself or some other person in whose custody the deed, lease or sublease or cession thereof or bond may have been before the loss or destruction thereof, to establish such loss or destruction, he or she shall be entitled to call for such evidence: Provided that if it appears from the records of the Deeds Registry, in the case of a deed, that the land or any interest or real right therein has been mortgaged in favour of any person or the owner has conferred a real right therein on any person or, in the case of a lease or sublease or cession thereof, that the lessee has mortgaged his or her interest therein in favour of any person or, in the case of a registered mortgage bond or notarial bond, that it has been ceded to any person, who . '. No. 1343 Government Gazette 1 July 1996 35 may by virtue of such mortgage, conferment, or cession be in possession of the deed, lease or sublease or cession thereof or registered mortgage bond or notarial bond, the Registrar shall require that the mortgagee, the person on whom the real right has been conferred, the person in whose favour the lessee has mortgaged his or her interest or the person to whom the registered mortgage bond or notarial bond has been ceded, as the case may be, shall state in writing that the deed, lease, sublease or cession thereof or registered mortgage bond or notarial bond is not in his or her possession and that he or she consents that such copy be issued. (3) If such a registered holder is deceased or has been declared mentally ill by a competent court, or is insolvent, or has assigned his or her estate for the benefit of his or her creditors under the provisions of the law relating to insolvency, or any prior statute governing the assignment of estates, or is a company under official liquidation, then the application and affidavit may be made by the legal representative of the estate or by the liquidator of the company: Provided that if such representative or liquidator is not able to produce evidence definitely establishing the loss or destruction of the deed the Registrar may, on being satisfied that all necessary steps have been taken to recover the same, issue a copy thereof upon compliance with the requirements of this regulation. S:l)~ I?} - - - t} - ~ 'dw iLl 36/04 IAfX1VN'tJ.V\f!:YI . . . . t . (4) The Registrar shall, if he or she is satisfiIed th~t no good reason to the ~/(JlJ contrary exists, issue the certified copy asked fo~: ProvIded that no such copy shall be ~c.:111 issued until the Registrar has searched the registers and has made suitable t(;" ~I'\~V "c/ In "J endorsements regarding transactions, if any, registered therein in connection with the deed or bond concerned. ~t9) - - (5) !rrt~1 'J Sev /1/ 361o~ If a copy issued to serve as an original is itself lost or destroyed, the Registrar may, subject to the fulfilment mutatis mutandis of the conditions prescribed in this regulation in regard to the loss of originals, issue a further copy to serve in lieu of the original. . I" 36 Government Gazette 1 July 1996 No.1343 (6) (a) If any deed referred to in subregulation (1) or any registered lease or sublease or cession thereof or any mortgage or notarial bond has for any reason become unserviceable, it shall be competent for the Registrar to issue a certified copy thereof, to serve in place of the original on written application being made to him or her by the owner or the legal holder or the duly authorized agent of such owner or holder, provided that the original deed shall be lodged with such application. (b) If any such deed, lease, or bond is lodged for any purpose without an application for a certified copy, the Registrar may require a certified copy to be taken out, if in his or her opinion such deed, lease or bond is not serviceable for the purpose intended. (7) In the event of any deed, lease or sublease or cession thereof or bond, in lieu of which a copy has been issued under the provisions of this regulation being subsequently found and produced to the Registrar, he or she shall endorse thereon that it has become void except in the case of a deed of transfer affected by the provisions of section 34(2) of the Act, when the provisions of subregulation (10) shall apply. (8) If the holder of a registered mortgage bond or notarial bond (which has been lost or destroyed) or his or her duly authorized agent, desires to procure cancellation of the bond and has made written application, duly witnessed, to the Registrar to cancel such bond, and has complied mutatis mutandis, with the provisions of subregulations (1), (2) and (3) the Registrar shall, if he or she is satisfied that no good reason to the contrary exists, cancel the registration duplicate of such bond, and such cancellation shall be deemed to be a cancellation of such bond notwithstanding that such bond has not been submitted for cancellation. .;..-.... . (9) In the circumstances mentioned in section 34(2) of the Act the provisio?s of this regulation shall mutatis mutandis be complied with. '" No.1343 Government Gazette 1 July 1996 37 (10) Where any person has obtained a certificate of registered title under the provisions of section 34(2) of the Act, the Registrar shall endorse upon the registry duplicate of the lost or destroyed deed the fact that a certificate has been issued in respect of the share of the applicant under that section, but should the lost deed be found and produced to the Registrar a similar endorsement shall be made thereon. 54. If a certified copy of any document not specified in regulation 53( 1) is required by any person, such person may obtain the same upon application and within such period as circumstances permit. Miscellaneous 55. No business shall be conducted with the Deeds Registry by means of correspondence in relation to the preparation, lodgment, or registration of any deed or other document. 56. (1) In the event of any portion of any piece of land held under any title being leased, it shall be necessary for the registration of such lease that a diagram of such portion be annexed to each copy of the deed of lease lodged for registration, unless such portion is already registered as a separate entity: Provided that if only a portion of such right is subsequently ceded or leased, a separate diagram representing the land affected by such parent lease or cession, if not already available, other than the diagram of the affected freehold property, shall accompany the diagram of the sublease or cession required in terms of subregulation (2). (2) A diagram shall also be annexed to each copy of the relevant deed in respect of leases and subleases of land affecting only a portion of the land held under the original leases or cessions, and to notarial releases of any part of the property leased and also to deeds creating or defining servitudes and real rights whether created or defi~ed by the parties thereto or by order of the court: Provided that a servitude '. 38 Government Gazette 1 July 1996 No. 1343 feature of uniform width, or a servitude feature at a specified distance from, and parallel to, a surveyed line shown on a registered diagram extending along the entire length of such surveyed line, excluding any servitude relating to the widening of a road, may be registered by description without a supporting diagram: Provided further that nothing in this subregulation shall exclude the registration of a servitude in general terms: Provided further that any other servitude may be registered by the Registrar if the Surveyor-General is satisfied that such servitude can be plotted on the diagram of the land affected: Provided further that the diagram need not be annexed to every copy of a deed creating or defining any servitude if such servitude is plotted on any general plan preserved in the Deeds Registry. (3) For the purposes of this regulation the Registrar shall not accept for registration any deed to which there is attached any sketch or plan other than a diagram. 57. The holder of a real right mentioned in section 64( 1) of the Act may transfer the whole thereof (if transferable), without first obtaining a certificate referred to in that section. 58. Where any act of registration affects a diagram it shall be the duty of the Registrar to notify the Surveyor-General. Information 59. (1) Where in the Deeds Registry access into strong rooms by any member of the public for the purpose of conducting any search is permitted, the Registrar shall have power to regulate during which hours such access may be allowed, and he or she may refuse admission to any member of the public without giving reasons for such refusal. . '. No.] 343 Government Gazette] July 1996 39 trong rooms in the Deeds Registry is permitted, attor- Alltf# 4J . , &Ai /tJ <364 . . neys, notarIes, conveyancers, surve s, shen f~ 1S,or messengers 0 f magIstrates courts, c.r ~ (2) Where access t or such of their clerks as have received approval of the Registrar, may inspect the e public shall not be permitted such responsible officer. records and registers, but other members 0 inspection unless under the personal supervision 0 Binding of Records 60. Any record cancelled in terms of section 3(1) of the Act may be destroyed by the Registrar - (a) in the case of any record other than a consent for the cancellation of any deed or other document submitted for registration, attestation, or execution and registration or preservation, after expiration of a period of 5 years from the date when it was cancelled; (b) in the case of a consent for the cancellation of such a deed or other document, after expiration of a period of 30 years from the date when such cancellation was registered. Forms and Tariffs 61. The certificates of title to be issued by the Registrar under the Act, and the further deeds or documents prescribed under the Act or these regulations, shall be prepared substantially in the form of the relevant forms prescribed in Annexure III to these regulations. ~., ..... 62. The certificate of registered title to be issued by a Registrar in terms of section 9(6), 13(6) or 37(10) of the Sectional Titles Act, 1971 (Act 66 of 1971), shall be prepared substantially in the relevant form prescribed in Annexure III to these regulations. I" . 40 Government Gazette 1 July 1996 No. 1343 ~ ~ 1:f" N 3%~~ Except as otherwise provided in any law, where in the Schedule of Fees of Office set out in Annexure 1 to these gulations- (a) a fee is prescribed for the re istration of any deed, bond, power, or other document, such fee shall be taken to include all acts necessary to give effect endorsement; to such regis ation, including any consequential (b) a fee is prescribed in respect 0 any note, entry, endorsement, or other act not otherwise expressly pro ided for in the said Schedule of Fees of Office, such fee shall, in cae of a deed, bond, power, or other document, be levied in respec of each deed, bond, power, or other document in question withou reference to the number of notes, entries, endorsements, or othe acts necessary to be made or done in connection with such deed, bon, power, or other document. 64. The fees of office to be charged in respect of any act, matter, or thing required or permitted to be done in or in relation to the Deeds Registry shall be those specified in the Schedule of Fees of Office set out in Annexure 1 to these regulations. 65. (1) The fees and charges as mentioned in subsection (l)(c) of section 10 of the Act shall be those specified in the Tariff of Conveyancing and Notarial Fees set out in Annexure n to these regulations: Provided that the Registrar may tax a bill for wasted costs, and the fees allowed in connection with such wasted costs shall be in the discretion of the Registrar. (2) Any bill of costs presented for taxation shall refer to the relevant Part and paragraph thereof of the Tariff referred to in subsection (i) under which the payment of any fee or charge is claimed. . '" No.1343 Government Gazette 1 July 1996 41 Commencement 66. These regulations shall corne into operation on 1 August 1996. ANNE UREI SCHEDULE OF EES OF OFFICE Item 1. For the registration of (a) a certificate to title to land, extinction thereof; real right of cession, or a modification or (b) a deed of cession referred to in section 32 of the Act; (c) a notarial deed, including an enuptial contracts; r (d) a deed of transfer; (e) a transfer by endorsement; (f) a bond securing immovable roperty; (g) a notarial bond; (h) a cession of a bond; (i) a lease; . '" 42 Government Gazette 1 July 1996 No.1343 G) a sublease; I (k) a cession of a leasei and I (1) a general power of tttorney: N$ 50,00 2. For the registration of gen4al plans of erven or subdivisions of land and th opening of registers in connection therewith: N$ 50,00 3. For the issue of any certifi te by the Registrar on request of any informati n noted in his or her registers, or which app ars from any records , 1 I preserved by him/her: 4. N$ 20,00 For preparing a report to th court in terms of section 97 of the Act: N$ 50,00 5. For taxation of a bill of fee: 5% of the fees allowed, but excluding mo eys for transfer duty, stamp duty and fees 0 office. 6. (a) For a certified copy f a deed or document registered or p eserved in a Deeds Registry and issued n terms of regulation 51, 52 or 53(6): N$ 10,00 (b) For a certified copy f a deed registered in a Deeds Registry nd issued in terms of regulation 53(1): N$100,00 . '. No.1343 Government Gazette 1 July 1996 43 7. (a) For the search of index to any regis- ter and for each en uiry relating to a person, property, deed: N$ 5,00 (b) For obtaining a co puter print for each enquiry relating to a person, property, or deed: N$ 5,00 (c) For inspection of y one deed or docu- ment or for every olio or for every page of any register reI ting to any particular property: N$ 5,00 (d) For any continuo s search for information, for each hou or part thereof: N$ 20,00 (e) For any search n provided for in this N$ 5,00: item, for each ho r: Provided that the Registr r may in his or her discretion charge hal of the fees referred to in paragraphs (a), c), (d) or (e), if the person requiring the nformation himself or herself or his or her r resentative searched for such information. 8. For furnishing to a local authority council a return containing partie lars of properties transferred, for each pro erty: N$ 5,00 . '. 44 Government Gazette 1 July 1996 No.1343 Exemptions 1. Any person engaged in research work of a historical nature or of general public interest may be permitted by the Registrar, subject to such conditions as the Registrar may determine, to search the records and registers free of the payment of any fee. 2. The Registrar may, notwithstanding the fees prescribed by item 6(a) or 6(b) issue to any person free of charge a copy of any deed, lease or sublease or cession thereof or mortgage or notarial bond which has in advertently been lost, destroyed, or damaged by him or ijer. No fees of office shall be payable in respect of (a) the performance of any act in tpe Deeds Registry if payment therefor would otherwise have to take place as a charge to the State Revenue Fund; or. ~ 3. (b) the recording or writing off referrep to in section 3(1)(w) of the Act. l i I ANNEXURt II I TARIFF OF CONVEYANCING tND NOTARIAL FEES, (prescribed by ~tion GENERAL I 65) 1. (1) The fees specified in thi Tariff shall include the fees for all correspondence and shall also include the fee for the following: The taking and giving of instructions, including the perusal of completed deeds of sale; the preparation and attendance on signature of a powers of attorney, declarations, affidavits, resolutions, status affidavits, com any certificates, exchange control . '" No. 1343 Government Gazette 1 July 1996 45 certificates and other necessary preliminary and ancillary documents; the payment of transfer duty and of all rates levied by any lawful authority; the obtaining and making of all clearance or other certificates; the obtaining of endorsements or copies of documents from the Office of the Master of the High Court or other public office (except where otherwise provided); the perusal of memoranda and articles of association and trust deeds; the making of all necessary financial arrangements, including the provision and checking of guarantees and attending payment in terms thereof; the drawing and preparation of any document, including all copies thereof, required for execution or registration at a deeds registry and the obtaining of r registration thereof, arranging simultaneq.Is lodgement and registration with another conveyancer or other conveyancers, whtre necessary; the giving of all references , required by the deeds registry for exatnfation purposes; and all attendances at the deeds registry, but shall not include (a) I any attendance in connect"' n with the drawing and execution of deeds of sale, deeds of donatio , deeds of exchange, preliminary partition agreements, deeds of s retyship, acknowledgements of debts, or documents of a similar na re; ! I (b) any separate act of regist ation of any other document which may be necessary before or in con ection with such act of registration; . any attendance in connec on with the resolution of a dispute between the transferor and the tr sferee arising from a deed of sale or any of the other documents refe ed to in paragraph (a) or from whatsoever cause; (c) (d) any attendance arising fr m negotiations between the parties resulting in a further agreement agreement; r addendum or amendment to an existing . '" 46 Govermnent Gazette 1 July 1996 No. 1343 (e) any consultation for the purpose~of drafting an antenuptial contract; or (f) any attendance relating to the opening of a township register in terms of section 46 of the Act. (2) Where the work necessary to ~rform any act under the Act or these regulations is partly performed by one lega~ practitioner, conveyancer, or notary (hereinafter called the instructed legal practitidmer) on the instructions received from another legal practitioner, conveyancer, or ndtary (hereinafter called the instructing legal practitioner), both the instructed legW practitioner and instructing legal practitioner shall be entitled to a fee, apportion~d as set out in the relevant Part in item ~ 2. (3) Where this Tariff provides for a specific or proportionate fee for lodge- ment, such fee shall mean the fee payable by ,the instructing legal practitioner to the instructed legal practitioner for all attendances: in connection with the lodgement (and where necessary, registration) of any document, including arranging simultaneous lodgements, giving necessary references and a~lother attendances and correspondence ! in connection with such lodgement and regis,ration, and shall be payable out of the total fee. (4) For the purposes of this Tariff I ! ritten words or figures or part thereof, (a) "a folio" means 100 printed or and four figures shall be consid red to be one word; (b) "final work" means the drawin and preparation of any documents for execution or registration at a deeds registry; obtaining registration thereof; arranging simultaneo s lodgements with another conveyancer or conveyancers where necess . '. ; giving all references required by the deeds office for examination p rposes and all attendances at the deeds No. 1343 Government Gazette 1 July 1996 47 office, and correspondence in C nnection with registration, but shall not include any separate act 0 registration of any other document which b~fore or in connection with the I firstmentioned act of registratiqn or for which special provision is I made in this Tariff; i (c) "preliminary work" means thel taking and giving of instructions; preparation and attending sighature of all powers of attorney; declarations, affidavits, resolut+ns and other necessary preliminary and ancillary documents, su~h as extracts from a company's i memorandum or articles of assopiation; payment of transfer duty and of all rates levied by any lawf~l authority; I I may be necessary t obtaining or making all clearance or other certificates; t~e obtaining of endorsements or copies of documents from the Office ' f the Master or other public office (except where otherwise prov ded); the making of all financial arrangements, including the pr vision and perusal of guarantees and attending on payment in te s thereof, and all relevant correy attendances in connection with the i spondence, but shall not include drawing and execution of gene al powers of attorney, deeds of sale, deeds of exchange, agreements with regard to an partition agreements, preliminary lease, servitude, or donation and documents of a similar nature a d documents for which a special fee is provided for in this Tariff; (d) "value of property" means - (i) where transfer duty is payable, the purchase price of the property or the amoun on which transfer duty is payable, whichever amount is the igher; . '. 48 Government Gazette 1 July 1996 No.1343 1 (ii) where no transfer duty is plyable in terms of section 9(2) of the Transfer Duty Act, 1993 (,*t 14 of 1993), the purchase price of the property or the declared value as determined under that Act, whichever amount is the higher; (iii) where no transfer duty i~ payable in terms of any other provision of section 9 of the Transfer Duty Act, 1993, other than section 9 (2), but ~ 1 official valuation (be it from a council or from the Master ~ regional, village, town or ~nicipal of the High Court) is ava\ilable, then such valuation or the consideration paid for such!property, whichever amount is the i higher: Provided that wherelno official valuation is available, it i shall be deemed to be the fMr value of the property as defined in the Transfer Duty Act, 19~3; or (iv) where no consideration is payable and no regional, town or municipal councN or other official village, valuation is available, the value shall b,e deemed to be no less than N$15 000,00. CONVEYANCING AND NO ARIAL FEES 2. The fees for conveyancing and not ial work shall be as follows: Part I: Conveyance of ownership of immovab e property (other than partition transfer) (a) For all work in connection with obtainin of conveyance of ownership of immovable property in any manner not s ecifically mentioned elsewhere in this Tariff, the fee shall be as set out in Col mn B of Schedule 1 to this Tariff: Provided that in the case of a conveyance in terms of the second proviso to section 16 and in terms of sections 31,45, . '. 5bis (bonds excluded) of the Act, No.1343 Government Gazette 1 July 1996 49 i and in the case of all property tran$actions in which the value of the property is N$60 000,00 or less, and in res ect of which a certificate is issued by the appropriate governmental or othel institution to the effect that the property in I t question is of a low cost housing ~ature, the fee shall be 50% of the amount set out in Column B of the said SChe~ule I. I I , i (b) For more than one property inc1u~ed in the same instrument of conveyance, for each additional property an additional/fee of N$50,00. r (c) (i) Apportionmentof the fees set 0 in this Part: For conveyance by mea Preliminary work Final work of a deed of transfer: ................................... ..." ............... 66,67% 33,33% (ii) For conveyance in term of the second proviso I to section 16 and in ternls of sections 31, 45, and 45bis of the Act: Ltdgement 20%, with a minimum of j..................................... I N$ 50,00 Part II I I (a) For endorsement of title deeds r bonds in terms of sections 24bis(2) and Act and in terms of the Admin stration of Estates Act, 1965 (Act 66 of 1 65), including the drawing of all necessr documents, the obtaining of necessary anillary documents, consents and certificates from/the Master and Registrar of Deeds and all negessary attendances . '" 50 Government Gazette 1 July 1996 No. 1343 and correspondence in connecti~n therewith ............. N$250,00 I (b) For more than one property or bord included in the same application, for each ad4itional property or bond an additional fee of 1.................................... N$ 50,00 (c) Apportionment of the fees set out \in this Part: Lodgement .. ...1... I I I I i ........ N$ 75,00 Part III: Partition Transfers ! 1 1 (a) For the drawing and registration tf each deed of partition transfer, including allipreliminary i and other work in connection the~ewith, but 1 excluding attendances in connect~n with the I framing of any provisional agree~ent: ........................... ! N$750,00 \ (b) I For each additional property or supdivision transferred in anyone deed, an additio al fee of: ................... N$ 50,00 (c) Apportionment of the fees set out n this Part: Preliminary work Final work 50% 50% Part IV (a) (i) For certificates of title und~ sections 18, 34, 35, 36, 38, 39, 43, 46 and 6f of the Act and certificates of Substituted Thle under the provisions of the Deeds Regist~ies Proclamation, . '. 1920 (Proclamation 8 of 19tO) ............................. I N$400,00: I No.1343 Government Gazette 1 July 1996 51 Provided that in cases wh re the registration of any of the said certific tes results in the subdivision of a property, th fee shall be ..................... N$625,00 (ii) For all matters falling un r this paragraph, for each additional prope y an additional fee of ...................................... N$ 50,00 (b) For certificates of consoli ated title under section 40 and certificates of uniform title under section 42 of the A t - N$625,00, or a fee assessed according t the length and complexity thereof. (ii) For every additional const tuent property after the first two properti s, an additional fee of .... N$ 50,00 (c) Apportionment of the fees set out in this Part: Preliminary work Final work... .................................... ..... 33,33% 66,67% Part V: Bonds (a) For mortgage bonds, including su ety mortgage bonds, the fee shall be as set out i Column B of Schedule 2 to this Tariff: Provide that in all bonds where the amount is N$60 00,00 or less and a certificate is issued by the a propriate governmental or other institution to . '" e effect that -," .... 52 Government Gazette 1 July 1996 No.1343 the property in question is of ~ low cost housing nature, the fee shall be 50% of the amount set out in Column B of Schedule 2. (b) (i) For collateral bonds, qeing mortgage bonds passed as additional stcurity for another bond, where the collateral bond is being registered in the same dee<$;registry .......................... N$350,OO (ii) For a collateral bond ~eing registered in ~ another deeds registry j 1 ......... N$375,00. (c) For any waiver in terms of reJulation 30(6) when included in a bond, an aUditional fee of l. .............. N$200,OO (d) For more than one property included in any bond referred to in paragraph ~a)or (b) of this i Part, for each additional propefty an additional fee of .l." i ...... N$ 50,00 (e) For purposes of determining a ee charged under paragraph (a) of this P , the amount of the bond on which stamp d ty is being levied shall be used, and in the e ent of a bond exempted from stamp duty, th amount on which stamp duty would have een levied had the bond in question not been xempted shall be used. (t) Apportionment of the fees set ut in this Part: . '. No.1343 Government Gazette 1 July 1996 53 Preliminary work Final work ................... ...................................... I 66,67% 33,33% Part VI: Notarial bonds I I I I (a) For notarial bonds, including s~rety notarial bonds: , i i (i) (aa) for bonds secur~ng an amount up to and including fee of $100 000,00, a basic ....................................... N$200,00 (bb) . for bonds secu ng an amount over N$lOO 000,00, a basic fee of ................... plus N$300,00; (ii) the relevant amount a set out in Column B of Schedule 2 to this arlff. (b) For a collateral notarial bond assed as additional security for a mortgage bond r another notarial bond between the same partie ....................................... N$650,00. (c) For purposes of determining fee charged under paragraph (a) of this Part, the amount of the bond on which stamp duty is being levied shall be used, and, in the event of a bond e mpted from stamp duty, the amount on which st been levied had the bond in exempted shall be used. p duty would have ~., ' . I" 54 Government Gazette 1 July 1996 No.1343 (d) Apportionment of the fees set Preliminary work. Final work t in this Part: ...... ............ 50% 50% Where instructing notary prep j,s and attests the deed, for lodgement ! t.................................... i I, N$lOO,OO Part VII: Marriage contracts (a) For drawing contracts and neces$ary copies, attending on execution, notarial ~ttestation , and registration, including all coItespondence ................ N$160,00 (b) Apportionment of the fees set ouGin this Part: ; Preliminary work Final work ..':.................................. ~................................. i 50% 50% Where instructing notary prepares land executes the contract, for lodgement +................................ i i N$ 50,00 Part VIII: Other notarial deeds (a) For drawing and registering any not rial waiver of preference by mortgagee, usufruc ary, or other holder of a limited interest, or ther notarial consent required under the Act r these regulations ............................. . N$350,OO. (b) For drawing and registering any not allease, servitude, donation, or other notarial eed (other than those elsewhere specially rovided . I" No.1343 Government Gazette 1 July 1996 55 for in this Tariff), a fee assessed ""cjelling to the length and complexity thereof. . (c) Apportionment of fees set out in thi Part: Preliminary work Final work ............... ................................ 50% 50% Where instructing notary prepares nd executes the deed, for lodgement N$lOO,OO Part IX: Cancellation, cession or v~ation of bonds, release of persons or property from bonds, and waiver of P ' eferencein regard to ranking of bonds (a) (i) For drawing consent to ca cellation of I bond, consent to cancellat,on of cession of bond, release of prope y or person from a bond, consent to r duction of cover, consent to part paym nt of capital, drawing waiver of prefer ce in regard to the ranking of a bond, w iver of preference in respect of real rights in land, consent of mortgagee, usufructuary, essee, or holder of other limited interest r quired by the Act or these regulations and t otherwise pro- vided for in this Tariff (n t notarial) and attending registration the eof, including instructions, corresponden and all relevant attendances on the Offic of the Master of the High Court ................................... N$250,00: Provided that in cases were there are no . '" financial arrangements tq be made by the 56 Government Gazette 1 July 1996 No. 1343 conveyancer, the fee shall be ....................... N$2oo,00 (ii) I For attending to all matters referr~d to in paragraph (a) (I) in respect of anyisecond or ! subsequent bond or bonds when sJ.1ch document or documents has or have been drawn by the same conveyancer who drew the corresponding documents in connection with the first bond between the same parties over the same property, and such documents are or can be lodged simultaneously as a set, per bond ;....................... N$ 50,00 I (iii) For more than two properties included in any release referred to in paragraph (a)(i) or (ii) of in this Part, for each additional property over and above the first two properties, an additional fee of i........................ N$ 30,00 (b) For drawing cession of bond or applicati~n for endorsement of a bond in terms of sections 145and 45bis of the Act, including instructions ahd drawing i consent of mortgagor where necessary, attendance , on mortgagor and mortgagee, correspon4ence and all relevant attendances including registr~tion, but i excluding attendances on the Office of tije Master 1 of the High Court ~....................... N$250,00: Provided that in cases where there are n financial arrangements to be made by the convey fee shall be cer the ........................ N$200,00 '" . No. 1343 Government Gazette 1 July 1996 57 I (c) For drawing agreement vao/ing the terms of a bond, including instructions, attel\ldanceson mortgagor and i mortgagee, correspondenc~ and all relevant attendan; ces including registration, ~ fee assessed according to i the length and complexity ~ereof, with a minimum fee of N$250,OOand a maximupI fee of N$500,OO. (d) (i) For drawing consen~s to substitution in terms of section 24bis(3), 45(2) (b) or 45bis(2) of the A~t, including instructions, all attendance$ on mortgagee and new debtor, corresPQndence and miscellaneous attend:mces kmthe Office of the Master of the High qourt .................................... N$250,OO: Provided that in cas~s where there are no financial arrangemerits to be made by the conveyancer, the fee I shall be ................................ , (ii) i For drawing consent~ to substitution in terms of section 57 of the Act, including instructions, all atten~ances on mortgagee ! N$200,00 I and new debtor, corr~spondence and mis! cellaneous attendanc1s, including registration but excluding attfndances on the Office of the Master of ,he High Court the fee shall be 50% of t e fees for bonds as set out in Schedule 2 0 this Tariff. (e) If any of the documents refe ed to in this Part . '" 58 Government Gazette 1 July 1996 No. 1343 I , are required to be signed by\more than one mort- gagee, mortgagor, usufructcluy, lessee, or holder of any other limited interestJ for each such additional person after the first, an additional fee of ....................... N$ 50,00 (f) Where it is necessary to attend on the Office of the Master of the High Court in connection with any of the matters referred to in paragraphs (a)(i), (b) and (d) of this Part, the following additional fees shall be allowed: (i) for obtaining any Master's Certificate, per estate for any numbe~ of certificates which are or can be applied tforsimultaneously.............. , N$ 50,00 (ii) for obtaining copies qf all necessary documents which are or c n be included in one application, per estat .. ......................... N$ 50,00 (g) Apportionment of the fees se out in this Part: (i) Paragraphs (a)(i), (b), (c) and (d): for lodgement . ................. N$ 60,00 N$ 20,00 (ii) (iii) Paragraph (a)(ii): for odgement ....................... Paragraphs (f)(i) and 'i): instructed conveyancer ....................................... N$ 40,00 Part X (a) For attendance on behalf of tr sferor or trans- . I" feree, mortgagor or mortgage , or any other No. 1343 Government Gazette 1 July 1996 59 person, supervising the regis~ation of the transfer or bond or supervising the bond, when the documents are being prepared and lodged by another conveyancer, including all instructions, correspondences and miscellaneous attendances relevant to such supervision (i) ~ where the value of th~ property or amount of the bond does not exceed N$60 000,00 ........ N$ 60,00 ,-., (ii) where the value of the property or amount of the bond exceeds *$60000,00 ...................... , (b) For instructions and attendaqces on the inspecting, checking, arranging and lod~ing for endorsement of any amendment of title in te~s Act, including of all necess~ I I N$l10,00 of section 44 of the attendances ..................... N$ 95,00 (c) For attending deeds registry tor certificate of any act of registrationrequired .. .......................................... I N$ 50,00 r(d) For drawing application for of section 46 of the Act and ttendances on lodging title deed for endorse ent .............................................. N$325,00. (e) (i) (aa) For procuring registration of change of name where no adv rtisement is required ............ plus for every extr deed after the first deed ...... N$ 15,00 N$75,00; . I" 60 Government Gazette 1 July 1996 No.1343 (bb) where advertisement is required ................. plus for every extra deed after the first deed ...... N$150,00; N$ 15,00 (ii) For procuring an amendment of any deed in terms of section 4(1) (b) of the Act ................... plus for every extra deed ............... N$ 15,00 N$ 65,00; (iii) For preparing and lodging consent of any interested party, including any bondholder to any amendment in terms of this item ................. N$ 50,00 (Note: The fee prescribed in this paragraph include i instructions, the drawing of ntcessary applications, correspondence and all releva~t attendances and, where advertising is necess1: also include the drawing up and placing of the necerary advertisements.) 1 (iv) For attendance in orde to obtain an endorsement on any deed refle ting the conversion of a company to a close c rporation and vice versa plus for every extra deed aft~r the first ....................... N$ 15,00 ; ..................................... N$ 75,00; ! I I (f) (i) For attendance and sear~hing at deeds registry for information ~equired, other than information require~ for preparation or registration of a deed,1including instrucI ~... .... . I" tions, correspondence anFIall relevant atten! No.1343 Government Gazette 1 July 1996 61 dances, per quart r hour or part thereof .............. N$ 30,00. (ii) Reporting per fol o ............................................. N$ 20,00 (g) For drawing of an apPlicjtion for a certified copy of a deed, registere lease or any mortgage or notarial bond forla purpose referred I to in regulation 53, inclu~ing instructions, application to Registrar, fil~ngof all necessary ,..., documents for registratiJn, correspondence and all relevant attendanjeS ............................................ I N$150,00 (h) For attendances in order obtain a certified Jo copy of any deed or doc ment from deeds registry for any purpose ther than a purpose referred to in regulation 3, including instructions, filing of the neces ary documents, correspondence and all other relevant attendances ............... I N$ 50,00; plus for every deed after the rst for which may be r (i) applied for in the same plication .................................. N$ 15,00 For attendances on Surv yor-General for the metrication or amendme t of any diagram or the obtaining of a copy ~f any diagram from the Surveyor General, i luding instructions, application, correspond attendances plus for every diagram after e first which can be N$ 15,00 ce and all relevant .................... N$ 50,00; . I" applied for in the same pplication ................................. 62 Government Gazette 1 July 1996 No. 1343 For attendance on local or o~er authority i i I ; - (i) to obtain approval, iq tenns of any law, of subdivisional diagr~s and obtaining certi- ficates or other documents from the Townships Board or other televant authority, including all attendanc~s to obtain supporting certificates and other t!ocuments ............................ N$ 75,00 (ii) for any endorsement on a power of attorney or diagram ~ ................. N$ 40,00 (k) (i) For drawing any affid$vit or application in regard to any s~parate act of i registration or endorsetnent not specifically mentioned in this Tariff, or for the creation of tow$ship conditions against the remai~der of the property, or for the lap~ing of any condition of title or per~onal servi\ tude (excluding a usufwct, usus or ; habitatio), including th~ taking and giving of instructions, ~rresponi dence and all other atte+dances in connection with such atfidavit or application plus for drawing each extra lio of an affi...................................... N$ 65,00; davit or application whe e such docu- . I" ment exceeds one folio' length .......................... N$ 15,00 No.1343 Government Gazette 1 July 1996 63 (ii) For attendances on th Office of the Master of the High C urt in order to obtain all necessary e dorsements in connection with any matter referred to I in this paragraph, per ~state ................................ N$ 30,00 i I (iii) For drawing a generat power of attorney and all relevant attendances, inclu. .. I.......................................... dIng regIstratIon I I I For drawing and Signrng a certificate in N$100,00 (iv) terms of section 42(1~ of the Administration of Estates Act, If65 (Act No 66 of 1965), including inv1stigations and attendances on the Office rf the Master of the High Court, per estatf for any number of certificates .......................................... N$ 65,00 (v) For drawing any app ication for registration of lapse of usuf ct, habitatio, or usus (not notarial) ........................................... N$160, 00 r (1) (i) For drawing a cessio of servitude in terms of Form HH as provo ed under section 32 of the Act, including instructions, correspondence, registrati n and all other relevant attendances ............................................. N$200,OO (ii) For more than one p operty included in the same cession, for each additional pro- . I" 64 Government Gazette 1 July 1996 No. 1343 perty an additional fee 0 ....................................... N$ 50,00 (m) For attending on filing at the D eds Registry of any document relating to any p son, partnership, association, or company, wherelsuch filing is inregistration betf ing attended to by that conveY4cer, including independent of any particular act structions, correspondence and tll relevant attenI dances t.................................... I N$ 50,00 I (n) For attendance on taxation wheJe required, I including all necessary relevantlattendances ! and correspondence: a fee equ~l to 5% of the fees allowed on taxation sh~l be chargeI able by the conveyancer sUbmitbng the bill of costs, and a fee equal to 5% of ~hetotal fees originally reflected in that bill qf costs shall be chargeable by the conveyanqer opposing ! taxation, subject to a minimum fee of N$30,OO I in respect of each conveyancer. i [ (0) Apportionment of the fees set d,utin this Part paragraphs (a) and (b): i 1 (i) Preliminary work . ~... ! .......... 33,33% 66,67% Final work .j..................................... (ii) paragraphs (d), (e)(i)(a and (bb), (e)(ii), (e)(iii), (t), (h), (i), G)(i and (ii), (k)(i) and (iii), (l)(i) and (ii), and m): . I" instructing legal practi oner 50% No.1343 Government Gazette 1 July 1996 65 instructed legal practitioner 50% (iii) paragraph (b): for lodgement. .......................... N$ 30,00 (iv) paragraph (g): for lodgement. .......................... N$ 50,00 (v) paragraph (k)(ii): instructed Ie al practitioner ........................ N$ 30,00 (vi) paragraph (k)(iv): instructed I al practitioner Note: , N$100,00 1.1 Fees and percentages specified in this ariff shall be nett and shall not be subject to any allowance, the custom taken into account one-third allowance having been in the apportion ents. 1.2 Where the instructing legal practitione merely takes instructions from his or her client and thereafter sends his or h r whole "file" to the instructed legal practitioner who then does all the wor , the former shall, as a general rule, be entitled to 20 per cent and the latter to 0 per cent of the fee where the fee is divided on a percentage basis.) APPORTIONMENT OF FEES F R PRELIMINARY WORK 3. Where a legal practitioner who atten s to the preliminary work in connection with any conveyancing matter reques another legal practitioner to do part of that preliminary work, the former shal from his or her share of the fees pay to the latter the following: . I" 66 Government Gazette 1 July ] 996 No. 1343 (a) For oblaioing all necess4- endorsements from the Master for any nbmber of certifiI cates which are or can be applied for simultaneously, per estate ........................................... N$ 30,00 (b) For obtaining copies of documents required for lodgement in the deeds office, which are or can be included in one application (exclusive of searches), per application ................ N$ 15,00 "'\ (c) For obtaining a clearance or other similar certificate from a public or local authority or a body corporate, per certificate ..................... N$ 20, 00 (d) For attending on payment, of transfer duty and uplifting receipt ,................................... N$ 20,00 (e) For any other attendance not mentioned in paragraph (a), (b) or (c~,per half hour or part thereof ~.................................. I , N$20,00 I I (f) :: ::::.~~.~=~~el..~~.f~~~.~~............ (g) For perusing and certifyin guarantee for payment. .................................. N$ 15,00 N$ 20,00 (Note: the above fees shall be ne t and shall not be subject to any allowance, th customary one-third allowance having been t en into account) . '. No. 1343 Government Gazette 1 July 1996 67 WASTfD COSTS 4. The following shalJ be a guid~ne i for the apportionment of fees where a mandate is terminated at any sta~e before execution or registration, as the case may be: I ! i I Total fee (a) For attendances on taking instructions and planning transaction,!20% of pre, scribed fee .~ ,.............................. i I 20% (b) For drawing preliminary ~ocuments, i an additional 20% of prefcribed fee .................... I 40% I (c) For attendances on signafures of preliminary documents, an dditional 10% of prescribed fee .................................... 50% (d) For attendances on com letion of all necessary financial arrang ments before lodgement, an addition a 20% of prescribed fee ..................................... 70% (e) For drawing and prepar' g deed for execution or document or registration, an additional 10% f prescri80% ::g~~~~t,.~.~~~t~~.:~:...................... (t) : I of prescribed fee .~........................................ 90% . '" 68 Government Gazette 1 July 1996 No. 1343 APPUCATION ~F TIllS TARIFF I I 5. This Tariff shall apply only in relatipn to any act I I (a) in respect of which the f6/0", conditions: all the titles under which the land is held must be quoted with the years thereof). ~ ~ and comply with the regulations relating to extending clause and insertion of Wherefore the appearer, renouncing all the rights and title hislher principals heretofore jointly had to the premises, on behalf as aforesaid, did, in consequence, also acknowledge hislher said principals with the exception of the above transferee to be entirely dispossessed of and disentitled to the land hereby transferred and that, by virtue of these presents, the said , hislher heirs, executors, administrators, or assigns, now is and henceforth shall be entitled thereto conformably to local custom, the State, however, reserving its rights; and finally, acknowledging hislher remaining principals to have received as a consideration transfer on this day of their respective (portion, portions or share in, as the case may be) in the landed property partitioned as aforementioned. Signed at , on , together with the appeare~, and confirmed with my seal of office. '. No. 1343 Government Gazette 1 July 1996 75 ........ Signature of Appearer ...... In my presence: ... ....... Registrar of Deeds Form G Prepared by me: . ... Conveyancer (State surname and initials in block letters) DEED OF TRANSFER (By virtue of section 31 of the Deeds Registries Act, (Act 47 of 1937).) Be it hereby known: That whereas the undermentioned land has been (here state whether expropriated or vested in, and quote the authority in either event) which land is at present registered in the Deeds Registry at ............................................... in the name of under Deed of .................................. No. ... /19.... And whereas a certificate has been furnished to me in terms of subsection (4)(a) of section 31 of the Deeds Registries Act, 1937, the transferee to the effect that the . 'I. 76 Government Gazette 1 July 1996 No.1343 provisions of any law in connection with the change of ownership in the land in consequence of expropriation and vesting, have been complied with. Now, therefore, by virtue of the authority vested in me by the said Act, I, the said Registered of Deeds at and free property to and in favour of do, by these presents, cede and transfer in full (here insert the name of the transferee entitled to claim transfer), its successors in title or assigns (here describe the property giving the name, registered number and registration division, and comply with regulations relating to extending clause and insertion ofconditions)~ Wherefore the said (registered owner referred to in first paragraph) is entirely dispossessed of and disentitled to the said land, and that by virtue of the said expropriation (if transfer is by reason of an expropriation by the State) or by virtue of these presents (in other cases) the said , its successors in title, or assigns, now is and hereafter shall be entitled thereto conformably to local custom (add "the State, however, reserving its rights" where the State is not the transferee). Signed at seal of office. , on , and confirmed with my ... ......................... Registrar of Deeds . '" No. 1343 Government Gazette 1 July 1996 77 Form H Prepared by me: ................. Conveyancer (State surname and initials in block letters) DEED OF TRANSFER (By virtue of section 33 of the Deeds Registries Act, 1937 (Act 47 of 1937).) Be it hereby made known: That in obedience to an Order of the I, the Registrar of Deeds at full and free property to and on behalf of , by virtue thereof, cede and transfer in , his/her heirs, executors, administrators, or assigns, certain (here describe the property giving the name, registered number and registration division., and comply with the g~cl /\ Z 4 /l" regulations relating to extending clause and insertion of conditions) and that by virtue r Ai !6t~ r hereof the said , his/her heirs, executors, administrators, or assigns, now is and henceforth shall be entitled thereto conformably to local custom, the State, however, reserving its rights. Signed at my seal of office. , on , and confirmed with .. ... ................... Registrar of Deeds (N.B.: This form may be adopted for Transfers ordered by the Court) . I" 78 Government Gazette 1 July 1996 No.1343 Form I Prepared by me: .......... Conveyancer (State surname and initials in block letters) CERTIFICATE OF REGISTERED TITLE (Issued under section 37 of the Deeds Registries Act, 1937 (Act 47 of 1937).) Whereas has applied for the issue to himlher of a Certificate of the Deeds Registries Registered Title under the provisions of section Act, 1937, and whereas he/she is the registered owner of the undermentioned land held by him/her under deed of (quote title) No. /19... Now, therefore, pursuant to the provisions of the said Act, I, the Registrar of Deeds at do hereby certify that the said , his/her heirs, executors, administrators, or assigns, is the registered owner of certain (here describe the land giving the name, registered number and registration divisi09r and comply with the regulations relating to extending clause and insertion of conditions) and that by virtue of these presents (he, she or it) is now and henceforth shall be entitled thereto conformably to local customs, the State, however, reserving its rights. Signed at my seal of office. , on , and confirmed with . ........... Registrar of Deeds . '" No.1343 Government Gazette 1 July 1996 79 Form J Prepared by me: .................... Conveyancer (State surname and initials in block letters) CERTIFICATE OF REGISTERED TITLE (Issued under section 37 of the Deeds Registries Act, 1937 (Act 47 of 1937).) Whereas has applied for the issue to himlher of a Certificate of Registered Title under the provisions of subsection (2) of section 34 of the Deeds Registries Act, 1937, in lieu of (describe the deed) No. ...19/ which has been lost or destroyed and whereas the land therein described is held in joint ownership and the share held by the applicant under the aforementioned deed is that hereunder described. Now, therefore, in pursuance of the provisions of the said Act, I, the Registrar of Deeds at do hereby certify that the said , his/her heirs, U executors, administrators, or assigns, is the registered owner of (here describe the land giving the name, registered number and registration divisio~, and comply with theS:N regulations relating to extending clause and existing conditions). .j .If 4 . J6%C, And that by virtue of these presents the said , his/her heirs, executors, administrators, or assigns, now is and henceforth shall be entitled thereto, conformably to local custom, the State, however, reserving its rights. Signed at my seal of office. , on , and confirmed with .. .......... Registrar of Deeds . ''0 80 Government Gazette 1 July 1996 No.1343 Form K LOST TITLE-DEED (Form of publication in terms of section 38 of the Deeds Registries Act 1937 (Act 47 of 1937).) Notice is hereby given that under the provisions of section 38 of the Deeds Registries Act, 1937, I, the Registrar of Deeds at intend to issue a Certificate /19.... of Registered Title in lieu of (here describe the deed) No. passed by (here insert the name of the transferor) in favour of (here insert the name of ~f't~J ~ the person in favour of whom the deed was passed) in respect of certain (here insert the description of the propert~ which has been lost or destroyed. ~WV~ .~I04 All persons having objection to the issue of such Certificate are hereby required to lodge the same in writing with the Registrar of Deeds at six weeks after the date of the first publication in the Gazette. within Signed at on ....... .............................. Registrar of Deeds . '" No.1343 Government Gazette 1 July 1996 81 Form L Prepared by me: ......... .... Conveyancer (State surname and initials in block letters) CERTIFICATE OF REGISTERED TITLE IN LIEU OF A LOST DEED (Issued under section 38 of the Deeds Registries Act, 1937 (Act 47 of 1937).) Whereas Registered Title in lieu of ...191 has applied for the issue to himlher of a Certificate of (describe the deed) No. ............... which has been lost or destroyed, and whereas it appears that helshe is the registered owner of the land hereinafter described; Now, therefor, in pursuance of the provisions of the said Act, I, the Registrar of Deeds at do hereby certify that the said , his/her heirs, landgn~-fe;/ giving the name, registered number and registration divisi09r and comply with the §aJ Iff 36/dq, regulations relating to existing conditions, giving extending clause where a diagram is not annexed). executors, administrators, or assigns, is the registered owner of (here describe the ~ r And that by virtue of these presents the said , his/her heirs, executors, administrators, or assigns, now is and henceforth shall be entitled thereto conformably to local custom, the State, however, reserving its rights. Signed at seal of office. , on , and confirmed with my ;..,-' ...... ... Registrar of Deeds ........ . ''w 82 Government Gazette 1 July 1996 No. 1343 FormM Prepared by me: ... ................. Conveyancer (State surname and initials in block letters) CERTIFICATE OF REGISTERED TITLE (Issued under section 39(1) ofthe Deeds Registries Act, 1937 (Act 47 of 1937).) Whereas has applied for the issue to himlher of a Certificate of Registered Title in terms of section 39(1) of the said Deed Registry Act, 1937; And whereas the said is the registered owner of the hereinafter/19 ; mentioned property under Deed of Transfer No. And whereas the said property was again transferred to the said Deed of Transfer No. error in registration; /19 under registered this day in order to correct an And whereas the said now holds the said property under two deeds of transfer and it is necessary to rectify the aforesaid registrations; Now, therefore, in pursuance of the provisions of the said Act, I, the Registrar of Deeds at , do hereby certify that the said , hislher heirs executors, administrators, or assigns, is the registered owner of (here describe the land giving the name, registered number and registration division, and comply with the regulations relating to extending clause 1\ and existing conditions). ;,..,...... (N.B. - Both titles under which applicant holds the property must be quoted.) . I\, No.1343 Government Gazette 1 July 1996 83 And that by virtue of these presents the said , hislher heirs, executors, administrators, or assigns, now is and henceforth shall be entitled thereto, conformably to local custom, the State, however, reserving its rights. Signed at seal of office. "' , on , and confirmed with my .... ......... Registrar of Deeds . '" 84 Government Gazette 1 July 1996 No.1343 Form N Prepared by me: ......... Conveyancer (State surname and initials in block letters) CERTIFICATE OF REGISTERED TITLE (Issued under section 39(3) of the Deeds Registries Act, 1937 (Act 47 of 1937).) Whereas Registered Title in lieu of /19 has applied for the issue to him/her of a Certificate of (describe the deed) No. "'........ free of the (conditions) or (servitudes) therein reading (quote the which (have lapsed by merger """'\ conditions or servitudes affected) duly noted or have been cancelled, as the case may be) and whereas it appears that he/she is the registered owner of the land hereinafter described; Now, therefore, in pursuance of the provisions of the said Act, I, the Registrar of Deeds at do hereby certify that the said , his/her heirs, executors, administrators, or assigns, is the registered owner of (here describe ~n,&"'Q,1J ~w N)b161(, with the regulations relating to extending clause and existing conditions). And that by virtue of these presents the said , his/her heirs, executors, administrators, or assigns, now is and henceforth shall be entitled thereto, conformably to local custom, the State, however, reserving its rights. ~ the land giving the name, registered number and registration divisi0.9tand comply Signed at my seal of office. .......... , on , and confirmed with ;, ..... Registrar of Deeds . I" No. 1343 Government Gazette 1 July 1996 85 Or use the following alternative form, not quoting conditions or servitudes affected: Whereas Registered Title in lieu of /19 has applied for the issue to himlher of a Certificate of (describe the deed) No. ............. free of the (conditions) or (sertivudes) therein which (have lapsed by merger duly noted or have been cancelled, as the case may be) and whereas it appears that he/she is the registered owner of the land hereinafter described. , " Now, therefore, in pursuance of the provisions of the said Act, I, the Registrar of Deeds at do hereby certify that the said , his/her heirs, executors, administrators, or assigns, is the registered owner of (here describe the land, giving the name, registered number and registration division, and comply with the regulations relating to extending clause and existing conditions). And that by virtue of these presents the said , his/her heirs, executors, administrators, or assigns, now is and henceforth shall be entitled thereto, conformably to local custom, the State, however, reserving its rights. r Signed at seal of office. , on , and confirmed with my . ............ Registrar of Deeds . I" 86 Government Gazette 1 July 1996 No. 1343 Form 0 Prepared by me: ... ............... Conveyancer (State surname and initials in block letters) CERTIFICATE OF CONSOLIDATED TITLE (Issued under section 40 of the Deeds Registries Act, 1937 (Act 47 of 1937).) Whereas has applied for the issue to him/her of a Certificate of Consolidated Title under the provisions of section 40 of the Deeds Registries Act, 1937; And whereas he/she is the registered owner of (here describe the pieces of land, omitting the areas) held under deeds of (describe the title) Nos. which have been consolidated into the land hereinafter described; /19.... Now, therefore, in pursuance of the provisions of the said Act, I, the Registrar of Deeds at do hereby certify that the said , hislher heirs, executors, administrators, or assigns, is the registered owner of (here describe ~t)~-lleJ ~u (\I3b(lJ4 ~ the land, giving the name, registered number and registration divisi0/1.'and comply with the regulationsrelating to conditions). And that by virtue of these presents the said , hislher heirs, executors, administrators, or assigns, now is and henceforth shall be entitled thereto, conformably to local custom, the State, however, reserving its rights. Signed at seal of office. on , and confirmed with my ...... Registrar of Deeds '" .... No. 1343 Government Gazette I July 1996 87 Form Q Prepared by me: ...... .... Conveyancer (State surname and initials in block letters) CERTIFICATE OF UNIFORM TITLE (Issued under section 42 of the Deeds Registries Act, 1937 (Act 47 of 1937).) Whereas has applied for the issue to himlher of a Certificate of Uniform Title under section 42 of the Deeds Registries Act, 1937, and whereas it appears that he/she is the registered owner of (here described the piece or pieces of land, omitting areas) under deed or deeds of (here describe the title or titles with reference to the serial number and year thereof) which (is or are) held (describe under what conditions of tenure, or subject to what rights reserved in favour of the State. If section 42(1) applies, also state that the pieces of land have been consolidated into the land hereinafter described). And whereas the Minister of Lands, Resettlement and Rehabilitation has by written consent agreed to the issue of a Certificate of Uniform Title in relation to the aforesaid land subject to the undermentioned (describe whether uniform conditions of tenure or reservation of uniform rights in favour of the State). Now, therefore, in pursuance of the provisions of the said Act, I, the Registrar of Deeds at do hereby certify that the said , his/her heirs, executors, administrators, or assigns, is the registered owner of (here describe 8n~,el1h the land giving the name, registered number and registration divisio~, and insert the!jv IV 36~~ conditions approved by the said Minister). . '" 88 Government Gazette 1 July 1996 No.1343 And that by virtue of these presents the said administrators, , hislher heirs, executors, or assigns, now is and henceforth shall be entitled thereto, confonnably to local custom, the State, however, reserving its rights. Signed at my seal of office. , on , and confinned with ..................... Registrar of Deeds Form R Prepared by me: ... ..... Conveyancer (State surname and initials in block letters) CERTIFICATE OF REGISTERED TITLE (Issued under section 43 of the Deeds Registries Act, 1937 (Act 47 of 1937).) Whereas has applied for the issue to himlher of a Certificate of Registered Title under section 43 of the Deeds Registries Act, 1937, in respect of the undennentioned land, being a portion of the land registered in hislher name (here described the title-deed under which applicant holds); Now, therefore, in pursuance of the provisions of the said Act, I, the Registrar of Deeds at do hereby certify that the said , hislher heirs, executors, administrators, or assigns, is the registered owner of (here describe the land, giving the name, registered number and registration divisio~ and comply with the regulations relating to the diagram deed and conditions). . I" No. 1343 Government Gazette 1 July 1996 89 And that by virtue of these presents the said , his/her heirs, executors, administrators, or assigns, now is and henceforth shall be entitled thereto conformably to local custom, the State, however, reserving its rights. Signed at with my seal of office. , on .. , and confirmed ..... 8.8 " Registrar of Deeds Form T Prepared by me: . "'.. ... (State surname and initials in block letters) (Form of consent by survivor and the legal holder of a Bond under section 45 of the Deeds Registries Act, 1937 (Act 47 of 1937).) I, , the surviving spouse of the late and the mortgagor under Bond No. passed by me in favour of sum of do hereby: /19...... for the (a) Consent to the release ofthe estate of my said late spouse from liability under the said Bond; (b) assume full liability for all indebtedness under the said Bond; and '" . 90 Government Gazette 1 July 1996 No. 1343 And that by virtue of these presents the said , his/her heirs, executors, administrators, or assigns, now is and henceforth shall be entitled thereto conformably to local custom, the State, however, reserving its rights. Signed at with my seal of office. , on , and confirmed ......... Registrar of Deeds Form T ~e\~~~ ~\) ~ \:J~ . \c,\~\O\\o Prepared by me: ...0...... Conveyancer (State surname and initials in block letters) (Form of consent by surviv and the legal holder of a Bond under section 45 of the Deeds R istries Act, 1937 (Act 47 of 1937).) I, , the spouse of the late /19...... for the " and the mortgago under Bond No. passed by me in f !Vourof sum of do hereby: (a) Consent to the release of the estate of m said late spouse from liability under the said Bond; (b) assume full liability for all indebtedness un er the said Bond; and . '" No.1343 Government Gazette 1 July 1996 91 (c) consent to the substitution of myself as the sole deb r in respect of the said Bond; and I, , the legal holder of the aforemen ioned Bond do hereby consent to the release, assumption of liability and substitution f debtor as aforesaid. Signed at . on ............................... ... ... ............... , Signature ofSurvivor As witness: ............ ... ... Form V r Prepared by me: ..... ... ...... Conveyancer (State surname and initials in block letters) CERTIFICATE OF TOWNSIDP TITLE (Issued under section 46 of the Deeds Registries Act, 1937 (Act 47 of 1937).) ;".,.. ...,.,. Whereas has applied for the issue to himlher of a Certificate of Township Title under section 46 of the Deeds Registries Act, 1937, and whereas he/she is the registered owner of (here described the land held under his/her title-deed) under Deed of Transfer (or Grant or Certificate of Title) No. . '. /19 , and 92 Government Gazette 1 July 1996 No.1343 whereas he/she has laid out a township called the aforesaid land, hereinafter described: upon a portion of Now, therefore, I, the Registrar of Deeds at the said do hereby certify that , hislher heirs, executors, administrators, or assigns, is the registered owner of a certain portion (describe it) now known as the township of of the fann (give the name, registered number and registration division), ~IN~I t-t n1GMaIing as will more fully appear from diagram S.G. No. ..................... (here j» i1/3,-1 CIlf . hereunto annexed, approved by the Surveyor General on the comply with the regulations relating to extending clause and conditions). And that by virtue of these presents the said , hislher heirs, executors, administrators, or assigns, now is and henceforth shall be entitled thereto, conformably to local custom, the State, however, reserving its rights. Signed at seal of office. , on , and confirmed with my .. ................... Registrar of Deeds ~O~~ ~ ~~~c;\-~€.~ :uk................................................................................................................................... do hereby agree that the terms of the said bond shall be varied as follows: ......................................................................................................................................... ......................................................................................................................................... ......................................................................................................................................... ......................................................................................................................................... .;.,.-.' Signed at " on , , ............. ... ...... ...... MORTGAGOR . I" No.1343 Government Gazette 1 July 1996 103 Witness 1. 2. .................................................... .................................................... Signed at , on .............................................. ............................................ LEGAL HOLDER Witness: 1. ..................................... 2. ..................................... Remarks: Delete particulars not applicable. . I" 104 Government Gazette 1 July 1996 No.1343 Form G.G. Prepared by me: .............. Conveyancer (State surname and initials in block letters.) APPLICATION AND CONSENT IN TERMS OF SECTION 40(5)(a) OF THE DEEDS REGISTRIES ACT, 1937 (ACT 47 OF 1937) , I the owner, having applied for the issue of a certificate of consolidated title in respect of ... (here describe the consolidated land), as indicated on diagram ..................................... (insert number), comprising ....... (describe the land mortgaged), mortgaged under mortgage bond .................................. .......................................................................................................................................... (insert the serial number and year thereof) and other land, do hereby apply for the consolidated land as indicated on the said diagram to be substituted for the aforesaid land mortgaged under the said bond. Signed at on ................................................... ...... OWNER Witness: 1. 2. .............................................. ............................................. . '" No.1343 Government Gazette 1 July 1996 105 and I , the legal holder of the aforesaid mortgage bond do hereby consent to the substitution of the consolidated land as indicated on the said diagram for the aforesaid land mortgaged under the said mortgage bond. Signed at on .................. ................................................ LEGAL HOLDER Witness: 1. ... ..... ~. ....................... . 2. ...................................... Remarks: The mortgagor and legal holder of the bond may make hislher application and grant hislher consent, as the case may be, on separate forms, respectively . '" 106 Government Gazette 1 July 1996 No.1343 Form H.H. Prepared by me: ...It ....................... Conveyancer (State surname and initials in block letters.) DEED OF CESSION OF SERVITUDE (In terms of section 32 of the Deeds Registries Act, 1937 (Act 47 of 1937).) Be it hereby made known: That whereas the undermentioned servitude has been (state whether expropriated by or vested in and quote the authority in either event) over the undermentioned land which in the name of /19..... (land, servitude) is at present registered under deed of transfer (or other title) No. ............ And whereas a certificate has been furnished to me in terms of section 32(4) of the Deeds Registries Act, 1937, by the cessionary to the effect that the provisions of any law in connection with the (expropriation or vesting) of such servitude have been complied with. Now, therefore, by virtue of the authority conferred upon me by section 32 of the Deeds Registries Act, 1937, I the Registrar of Deeds at hereby cede to in title or assigns: do (description of cessionary), hislher successors (Description . '" or nature of servitude and refer to any diagram if annexed) ............................ No. 1343 Government Gazette 1 July 1996 107 Form H.H. ~e).~k~ ~o~. ~ '0 '"'(j . \C\"?;)\ ~\.o Prepared by me: . C8 ... Cgn"q"""" .I'..w (State surname and initials in block letters.)3CIl,I!1,t ~"L". DEED OF CE (In terms of section 32 of the Deeds Registries ct 47 of 1937).) Be it hereby made known: That whereas the undermentioned servitu e has been (state whether expropriated by or vested in and quote the authority in either event) over the undermentioned land which in the name of /19..... , (land, servitude) is at present registered under dee of transfer (or other title) No. ............ And whereas a certificate has been furnished me in terms of section 32(4) of the Deeds Registries Act, 1937, by the cessionary t the effect that the provisions of any law in connection with the (expropriation or complied with. sting) of such servitude have been Now, therefore, by virtue of the authority confe ed upon me by section 32 of the Deeds Registries Act, 1937, I the Registrar of hereby cede to in title or assigns: eeds at do (description of cessionary), hislher successors (Description '" or nature of servitude and refer .. any diagram if annexed) 108 Government Gazette 1 July 1996 No. 1343 over (Description of land) the extent of the land in words and figures) measuring (insert Signed at with my seal of office. , on , and confirmed ..., ; ......... Registrar of?eeds . '. No.1343 Government Gazette ] July 1996 109 Form S.S. Prepared by me: ........ Conveyancer (State surname and initials in block letters.) CERTIFICATE OF REGISTERED TITLE (Issued under section 9(6), 13(6) or 37(10) of the .' Sectional Titles Act, 1971 (Act 66 of 1971).) Whereas in terms of section 9(6), 13(6) or 37(10) of the Sectional Titles Act, 1971, the land held by under certificate of registered sectional title No. has reverted to the land register. dated , , Now, therefore, in terms of the said section, I, the Registrar........................................... at 'said .. .. .. .. .. ~ . do hereby certify that the is the registered owner of c .. .... ... (here described the land giving the name, registered number, registration division and gjJ vf,/4 exte~ and refer to the diagram of the land where such diagram is annexed or the [l~ original diagram deed relating to the land and set out the conditions of title) and that he/she/it is entitled thereto, the State, however, reserving its rights. ~~ . Signed at with my seal of office. on ... , and confirmed . Registrar of Deeds .......... (If req~ired, add a registration clause approved by the Registrar.)