~""'lf rural development~ &landreform_a,M ~' i' j Department~ RuralDevelopment& LandReform" ~ REPUBUCOFSOUTHAFRICA

OFFICE OF THE REGISTRAR OF DEEDSPrivate Bag X9028. Pietermaritzburg, 3200; Tel: 033 3556800; Fax: 033 342 6461

REGISTRARSCIRCULAR 9 /2009AMENDMENTS AND ALTERATIONS IN DEEDS AND DOCUMENTS

1. INTRODUCTION

The purpose of this circular is to clarify the requirements pertaining toamendments and alterations in deeds and documents as mentioned underparagraph 2.6 of Chief Registrars Circular 2/2009.

Registereddeeds are official documents and it is therefore required thatthey are accurate, correct and of a good quality. It is clear from theprovisions of Regulation20(6) that alterationsand interlineationsareallowed and it is not the intention of this circularto disallow alterations oramendments but rather to clarify what is acceptableand what is not.

Amendments and interlineations with consequential initialing, for example,the names of parties, descriptions of land, extents and money amounts,will no longer be accepted in the important parts of deeds.The important parts of a deed are typically the names and particulars ofthe transferor in the preamble, the causa/recital which have a directbearing on the transaction, the names and particulars of the transferee,the property description, and holding title particulars, and importantnumerical data in conditions.

Here are some further guidelines as to the impact of Chief RegistrarsCircular 2/2009 on the practice of this office.

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2.

2.1

2.2

2.3

2.4

2.5

2.6

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AMENDMENTS AND ALTERATIONS IN DEEDS TO BEREGISTERED

PREAMBLES OF DEEDS

No amendments and/or alterationsof Names, Identitynumbers and statusof the parties will be allowed.

CAUSA I RECITAL

No Alterations and/or amendments will be allowed in the Causa / Recitalof deeds that have a direct bearing on the transaction. In other words dateof sale, change of causa, additional information etc.

VESTING CLAUSE

No Alterations and/or amendments will be allowed in the vesting clausesof deeds where it relates to the Names, Identity numbers and status of theparties concerned.

PROPERTY DESCRIPTION

No Alterations and/or amendments will be allowed in the propertydescription clause of the deeds where it relates to the property description,situation and extent.

EXTENDING CLAUSE

No Alterations and/or amendments will be allowed in the extending clauseof deeds.

HOLDING AND CONDITIONAL CLAUSE IN BONDS

It would be acceptable to insert the fact that the bond is subject to acertain restrictive condition.This is permissibleas long as the inserting islegible and with the required initialing.

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2.7

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CONDITIONAL CLAUSE

2.7.1 No hand written insertion of a condition or conditions in deeds

No hand written insertion of a conditionor conditions in deeds willbeallowed. Ifany conditionneeds to be inserted the relevant page willhaveto be redrawn.

2.7.2 The insertion of creative deed numbers

The insertion of creative deed numbers willbe allowed ifthe amendmentor alteration is done neatly and withthe necessary initialing.

2.7.2 Deletion of conditions

2.8

2.9

Deletion of conditions will be allowed to the extent that if the deletionexceeds more than half the page, then the relevant page needs to beredrawn. Deletions of part of a condition or a whole condition within theguidelines mentioned above must be done with the necessary initialing.

CONSIDERATION CLAUSE

No Alterations and/or amendments willbe allowedpertainingto thepurchase price or value of the propertybeing dealt with.

BONDS - AMOUNT IN BONDS

No Alterationsand/or amendments willbe allowed pertainingto theamounts of the bond.

3. POWER OF ATTORNEY

3.1 Allmaterial amendments must be fully initialed by all the parties -(See RCR 15/1988 as confirmed by RCR 10/2004).If the appearer cannot execute the deed, the special power ofattorney may be amended regarding the appearer without anyinitialing (RCR 49/1962)Should the first page be retyped, the power of attorney must be re-executed in toto (RCR 29/2006).

3.2

3.3

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4.

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MANNER IN HOW ALTERATIONS SHOULD BE MADE WHERE SAMEARE ALLOWED

All amendments that are allowed must be done neatly and with thenecessary initialing. Here are some guidelines;

4.1 Here is an example in how to correctly attend to the deletion,amendment or alteration in a deed and lor documents;

THIS PROPERTY IS TRANSFERRED:

n \ Thi!': !':llhrli"i!':inn !':hnll nnt hr- 1I~r-ri fnr nthnr rr-~irlr-ntinl nllrnn!':n!':

4.2 The following manner in doing an amendment in a deed ordocument will not be allowed;

b) Where two or more lots ~~~I~D)ElCNb ~li.arconditions imposed at the instance of the Administrator are

consolidated, such conditions shall apply to the ~ area as awhole.

5. APPLICATIONSANDCONSENTS

No amendments and/or alterations to the important parts or informationcontained in applications and consents such as the names and particularsof the parties, the causa/recital which have a direct bearing on thetransaction and the property description will be allowed. The prescribedforms of applications and consents must strictly be complied with.

No amendments and/or alterations to the bond numbers in consents thatrelates to a specific bond will be allowed.

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7. APPLICATION OF THIS CIRCULAR

Registrars Circular 4/2009 is hereby withdrawn.

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