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Discretion of registrars

18 November 2009

The Property Law Committee of the LSSA commented to the Chief Registrar of Deeds on the Deeds Registries Amendment Bill, 2009 in September. It submitted that the discretion of the registrars either to enforce or reject Registrars' Conference rulings should be retained and, indeed encouraged.

The LSSA committee noted in its comments that the Registrar of Deeds is a quasi-judicial officer and as such is required and obliged to exercise his discretion from time to time. To remove this would result in the Registrar of Deeds becoming an administrative official only.

Registrars' Conferences are held for the very reason that either the Acts or the regulations are not clear or are not provided for. There will always be instances, for example, were the facts differ slightly and where it may be necessary for registrars to be able to exercise their discretion.

Sectional Titles Amendment Bill
The Property Law Committee also made detailed submissions on the Sectional Titles Amendment Bill, 2009. Of particular interest it looked at the question as to whether the issue of bondholders' consents should be reconsidered. It pointed out that the fact is that sectional plans of extension can be approved only once the buildings have been erected. This would have been done only following a special resolution of the members of the body corporate.

De Rebus website

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