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To initial or to certify?

23 December 2004

Numerous practices exist in respect of amendments brought about on powers of attorney and transfer duty receipts. To eradicate any confusion, the deeds registry in Pretoria issued a circular providing that the following practice should be followed (see Circular 624).

Powers of Attorney
1. Errors in the names, identity numbers or marital status of the transferor (or mortgagor) must be rectified with full initialling.
2. Errors in the date of transaction must be rectified with full initialling.
3. Errors in the property description:

  • Erf number incorrect - rectification must be effected with full initialling.
  • Portion number of erf, holding or farm incorrect - rectification must be effected with full initialling.
  • Name of township of farm faulty, e.g. Middelburg instead of Middelburg Extension 1 or the farm Hartbeesfontein instead of Hartebeesfontein - rectification can be effected by virtue of a certificate by the conveyancer on the power of attorney.
  • Registration division faulty - rectification can be effected by virtue of a certificate by the conveyancer.
  • Extent of the land is incorrect, except where the remaining extent is being dealt with - rectification can be effected by a certificate from the conveyancer.
  • Where the title deed reference has been omitted or is incorrect - rectification can be effected by a certificate from the conveyancer (However, regulation 65(3)(c) of the Act must be observed.
  • Name, identity number and description of the transferee or mortgagee - Minor errors may be effected by a certificate from the preparer. However, where the amendment is substantial, for instance Nel instead of Du Toit, the rectification must be effected with full initialling.
  • Purchase price faulty - rectification to be effected with full initialling.
  • Amount in bond faulty - rectification to be effected with full initialling.
  • Ranking clause in bond faulty - rectification to be effected with full initialling.

    Transfer duty receipts
    Amendments to the transfer duty receipt need only be initialled by the Receiver of Revenue where the error is substantial, for instance a faulty date of acquisition, erf number, party etc. Minor errors may be rectified by a certificate by the conveyancer on the examiners note sheet or on the rear of the lodgement cover. Certificates should not be effected on the receipt itself.

    The above guidelines are not exhaustive, but provide a healthy guideline for examiners to know when to reject or pass a deed.

    Republished with permission

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