South Africa
Deeds Registries Act, 1937
Act 47 of 1937
- Published in Government Gazette 2443 on 26 May 1937
- Assented to on 19 May 1937
- Commenced on 1 September 1937
- [This is the version of this document as it was from 26 May 1937 to 13 August 1953.]
Chapter I
Administration
1. Deeds registries
2. Appointment of registrar and assistant registrar of deeds
3. Duties of registrar
The registrar shall, subject to the provisions of this Act—4. Powers of registrar
5. Transactions affecting land in areas served by different deeds registries
If it is sought to register transactions affecting separate pieces of land situate within the areas served by different deeds registries, the registrars concerned may, subject to the provisions of any regulations, by mutual arrangement, elect such registration in such manner as may be found expedient.6. Registered deeds not to be cancelled except upon an order of court
Save as is otherwise provided in this Act or in any other law no registered deed of grant, deed of transfer, certificate title or other deed conferring or conveying title to land, or any real right in land other than a mortgage bond, and no cession of any registered bond not made as security, shall be cancelled by a registrar except upon an order of Court.7. Inspection of records and supply of information
Each registrar shall on conditions prescribed and upon payment of the prescribed fees, permit any member of the public to inspect the public registers and other public records in his registry, and to make copies of those records or extracts from those registers and to obtain such other information concerning deeds or other documents registered or filed in the registry as prior to the commencement of this Act could, customarily, be made or obtained: Provided that no such fee shall be payable in respect of any search or inspection made in a deeds registry—8. Appointment of Chief Registrar of Deeds
The Governor-General may appoint one of the registrars to be Chief Registrar of Deeds who shall as such be the chairman and executive officer of the deeds registries regulations board mentioned in section nine and shall, subject to the directions of the Minister, exercise such supervision over all the deeds registries as may be necessary in order to bring about uniformity of practice and procedure among them.9. Regulations board
10. Regulations
Chapter II
Registration
Registers
11. Prescribed registers
12. Temporary continuation of existing registers
Until such time as any prescribed register has been prepared and opened each registrar shall continue to keep the corresponding register in use in his registry immediately prior to the commencement of this Act, and to make therein the like entries as were customarily made therein prior to such commencement.General provisions
13. When registration takes place
14. Deeds to follow sequence of their relative causes
15. Preparation of deeds by conveyancer
Save as is otherwise provided in any other law, no deed of transfer, mortgage bond or certificate of title or registration of any kind mentioned in this Act shall be attested, executed or registered by a registrar unless it has been prepared by a conveyancer practising within the province within which his registry is situate. Such conveyancer, whether or not he practises at the seat of the registry, may recover the fees and charges to which he may be entitled in accordance with any regulation made under section ten.16. How real rights shall be transferred
Save as otherwise provided in this Act or in any other law the ownership of land may be conveyed from one person to another only by means of a deed of transfer executed or attested by the registrar, and other real rights in land may be conveyed from one person to another only by means of a deed of cession attested by a notary public and registered by the registrar.17. Special provisions relating to women
Chapter III
Registration of land
Transfer of land
18. Manner of dealing with Crown land
19. Reference to Crown rights under Cradock proclamation in future deeds
20. Form and manner of execution of deeds of transfer
Deeds of transfer shall be prepared in the forms prescribed by law or by regulation, and, save as in this Act or any law provided or as ordered by the court in respect of deeds of transfer executed by the registrar, shall be executed in the presence of the registrar by the owner of the land described therein, or by a conveyancer authorized by power of attorney to act on behalf of the owner, and shall be attested by the registrar.21. Transfer from joint estate
In any transfer lodged in a deeds registry relating to land which is an asset in a joint estate, the surviving spouse shall be joined in his personal capacity with the executor of the estate of the deceased spouse except—22. Transfer of two or more pieces of land by one deed
23. Transfer of undivided shares in land by one deed
24. Special provisions relating to transfer of undivided shares
25. Transfer to unascertained children
26. Deeds of partition transfer
27. Requisites where share in land partitioned is mortgaged
28. Requisites where share in land partitioned is subject to other rights
29. Effect of compliance with sections 27 and 28
Upon completion of the endorsements and entries mentioned in sections twenty-seven and twenty-eight the land described in the deeds of partition transfer, and the lease, personal servitude or real right (if any) shall be deemed to be as fully and effectually mortgaged as if they had been hypothecated by the bond at the time of its execution and the said land shall be deemed to be as fully and effectually encumbered by the said lease, personal servitude or real right as if it had been encumbered thereby at the time of the registration thereof.30. Partition of land subject to fidei commissum
31. Transfer of expropriated land or land vested by statute
32. Registration of expropriated servitudes or servitudes vested by statute
33. Registration of title by other than the ordinary procedure
Substituted title deeds
34. Certificate of registered title of undivided share
35. Certificate of registered title of aggregate share
Any person who is, by virtue of more than one title deed, the owner of undivided shares in one or more than one piece of land may, subject to the provisions of section thirty-seven, obtain a certificate of registered title in respect of his aggregate share in the land: Provided that if there are two or more pieces of land the several pieces of land or shares therein shall be described in separate paragraphs.36. Certificate of registered title of one or more properties held under one deed
Any person who holds two or more pieces of land, or undivided shares therein, by one title deed may, subject to the provisions of section thirty-seven, obtain a certificate of registered title in respect of one or more of such pieces of land or of the undivided share or shares held by him therein: Provided that at least one of the pieces of land or the share therein held by such deed remains held thereby.37. Conditions governing the issue of certificates of registered title
38. Certificate of registered title taking place of lost or destroyed deed
39. Certificate of registered title to correct error in registration
40. Certificate of consolidated or amended title of two or more pieces of land
41. Certificate of amended title of one piece of land
42. Certificate of uniform title
43. Certificate of registered title of portion of a piece of land
Change of title by endorsement
44. Rectification of title by endorsement
45. Transfer or cession by means of endorsement
Chapter IV
Townships and settlements
46. Requirements in the case of subdivision of land into lots or erven
47. Transfer of township or portion thereof
The owner of land in respect of which a register has been opened under section forty-six may transfer, by one deed, the whole or any portion of such land or a share in the whole of such land: Provided that—48. Special provisions affecting mortgaged land in Rand townships registration area
If any land situate in the area served by the Rand townships registration office at Johannesburg has been sub-divided into lots or erven shown on a general plan, which has, in terms of section forty-six been furnished to the Rand townships registrar, and if that land is mortgaged together with other land registered in the deeds registry at Pretoria but not in the Rand townships registration office, every transaction affecting the bond shall be registered in both the deeds registry at Pretoria and the Rand townships registration office.49. Special provisions regarding townships in the Transvaal
Chapter V
Bonds
General provisions
50. Execution of bonds
51. Requirements in case of bonds intended to secure future debts
52. Cession of bond securing future debts
No cession of any bond intended to secure future debts shall be registered unless the amount already due in respect thereof is disclosed in the cession. On registration of such cession the bond shall be deemed to be a bond securing an existing debt of the amount so disclosed and shall be endorsed accordingly.53. Exclusion of general clause in mortgage bonds
54. No bond to be passed in favour of an agent
No bond shall be passed in favour of any person as the agent of a principal.55. Requirements in case of bonds passed by or in favour of two or more persons
Rights of mortgagees
56. Transfer of hypothecated immovable property
57. Substitution of debtor in respect of a bond
58. Returns by master in connection with insolvent estates and further provisions relative to insolvent estates
59. Endorsement of bond after sale in execution
Whenever any mortgaged immovable property has been sold in execution of a judgment of a competent court or under express authority contained in a special law, to satisfy any debt due in respect of a registered bond or otherwise, and the proceeds of the sale have been paid to the legal holder of the bond, the sheriff or deputy sheriff or messenger concerned or the person acting under the authority of such special law shall notify to the registrar how much of the capital sum due in terms of the bond has been paid, and shall transmit the bond to the registrar. The registrar shall thereupon write off the amount so paid in the appropriate registers and on the bond and registry duplicate thereof.60. Consent of bond holder to registration of merger of rights of mortgagor
If the holder of a mortgaged lease of land or of mortgaged real rights in land acquires the ownership of that land, or if the holder of a mortgaged lease of real rights in land acquires those rights, or if the owner of mortgaged land which is entitled to rights of servitude over other land, acquires the ownership of that other land, such acquisition of the additional land or rights shall not be registered without the consent in writing of the holder of the bond.Notarial bonds
61. Registration of notarial bonds
62. Where notarial bond is to be registered
Chapter VI
Rights in immovable property
General provisions
63. Restriction on registration of rights in immovable property
64. Certificates of registered real rights
Personal servitudes
65. Registration of notarial deed creating personal servitude
66. Restriction on registration of personal servitudes
No personal servitude of usufruct, usus or habitatio purporting to extend beyond the lifetime of the person in whose favour it is created shall be registered, nor may a transfer or cession of such personal servitude to any person other than the owner of the land encumbered thereby, be registered.67. Reservation of personal servitudes
A personal servitude may be reserved by condition in a deed of transfer of land, if the reservation is in favour of the transferor, or in favour of the transferor and his spouse or the survivor of them, if they are married in community of property, or in favour of the surviving spouse if transfer is passed from the joint estate of spouses who were married in community off property.68. Registration of lapse of personal servitude
69. Transfer and mortgage of land with personal servitude thereon
Rights to minerals
70. Separation from ownership of rights to minerals
71. Certificates of reservation of rights to minerals
72. Certificate of rights to minerals reserved by Crown
The provisions of section seventy-one shall mutatis mutandis apply in respect of a grant of land by the Crown made subject to a reservation of rights to minerals in favour of the Crown.73. Exclusion of rights to minerals from partition of land
74. Undivided share of rights to minerals
The provisions of sub-section (1) of section thirty-four shall mutatis mutandis apply in respect of persons who jointly hold a certificate or deed of cession of rights to minerals.Praedial servitudes
75. Creation of praedial servitude by notarial deed
76. Conditions of registration of praedial servitudes
Leases
77. Registration of leases and sub-leases
78. Termination of registered lease
79. Where lease to be registered
Save where provision to the contrary is made in any law, any lease of immovable property which is registered in the name of the lessor in a deeds registry may be registered in that registry and any sub-lease of any lease so registered may be registered in that registry.80. Cessions of leases and sub-leases
No cession of a lease or sub-lease shall be registered in any deeds registry unless the lease or sub-lease has been registered therein.81. Hypothecation of leases and sub-leases
No hypothecation of a lease or sub-lease shall be registered in any deeds registry unless such hypothecation is effected by means of—82. Notarial bonds hypothecating leases or sub-leases
83. Hypothecation of land settlement lease after exercise of option to purchase
Prospecting contracts
84. Registration of prospecting contracts
85. Cancellation of registration on expiry of prospecting contract or failure to renew
Chapter VII
Antenuptial contracts
86. Antenuptial contracts to be registered
An antenuptial contract executed before and not registered at the commencement of this Act or executed after the commencement of this Act, shall be registered in the manner and within the time mentioned in section eighty-seven, and unless so registered shall be of no force or effect as against any person who is not a party thereto.87. Manner and time of registration of antenuptial contracts
88. Postnuptial execution of antenuptial agreement
Notwithstanding the provisions of sections eighty-six and eighty-seven the court may, subject to such conditions as it may deem desirable, authorize postnuptial execution of a notarial contract having the effect of an antenuptial contract, if the terms thereof were agreed upon between the intended spouses before the marriage, and may order the registration, within a specified period, of any contract so executed.89. Registration of postnuptial contracts in Natal
The provisions of sections eighty-six and sub-sections (1) to (4) inclusive of section eighty-seven shall mutatis mutandis apply in respect of the registration of postnuptial contracts in the province of Natal.Chapter VIII
Miscellaneous
90. Cancellation of registration on lapse of certain registered rights
91. Transfer and cessation not to be passed as security
No transfer of land and no cession of any registered lease or sub-lease or other real right in land made as security for a debt or obligation shall be attested by any registrar or registered in any deeds registry.92. Taxes and transfer duty to be paid before transfer of land
93. Registration of change of name
94. Women witnesses of deeds
Any female person who would, if she were a male person, be competent to witness any document intended for registration or filing or production in a deeds registry, shall be competent to witness any such document, and any such document which was witnessed before the commencement of this Act by a female person, shall be as valid as if she had been a male person.95. Attestation of powers of attorney executed in the Union
96. Execution of deeds by prospective owners
If any deed or document required to be executed by the owner of immovable property has been executed by a person who has acquired the right to receive transfer or cession of such property, such deed or document shall, upon the person aforesaid receiving transfer or cession of such property, for the purposes of this Act be deemed to have been executed by the owner of such property.97. Notice to registrar of application to court
Before any application is made to the court for authority or an order involving the performance of any act in a deeds registry, the applicant shall give the registrar concerned at least seven days’ notice before the hearing of such application and such registrar may submit to the court such report thereon as he may deem desirable to make.98. Substituted copy of lost deed supersedes original which must be surrendered on recovery
99. Exemption from liability for acts or omissions in deeds registry
No act or omission of any registrar or of any officer employed in a deeds registry shall render the Government or such registrar or officer liable for damage sustained by any person in consequence of such act or omission: Provided that if such act or omission is mala fide or if such registrar or officer has not exercised reasonable care and diligence in carrying out his duties in connection with such act or omission, the Government shall be liable for the damage aforesaid: Provided further that the registrar or officer guilty of such act or omission shall be liable to make good any loss or damage resulting therefrom to the Government if such act or omission was mala fide.100. Formal defects
No act in connection with any registration in a deeds registry shall be invalidated by any formal defect, whether such defect occurs in any deed passed or registered, or in any document upon the authority of which any such deed has been passed or registered or which is required to be produced in connection with the passing or registration of such deed, unless a substantial injustice has by such act been done which in the opinion of the court cannot be remedied by any order of the court.101. Special provisions relating to Vryburg deeds registry
102. Definitions
In this Act unless inconsistent with the context—"conveyancer" means, in respect of any deeds registry, a person practising as such in the province within which that deeds registry is situate and includes every person who at the commencement of the Deeds Registries Act, 1918, was authorized by law to prepare deeds of transfer and mortgage bonds within such area;"court" or "the court" means the provincial or local division of the Supreme Court having jurisdiction or any judge thereof;"deeds registry" means—(a)when used in relation to immovable property, the deeds registry which serves the area in which that property is situate;(b)when used in relation to any deed or other document, any deeds registry in the Union wherein that deed, or other document is registered or registrable;(c)when used in relation to a registrar, the deeds registry of which he is in charge, but does not include the mining titles office referred to in section three of the Registration of Deeds and Titles Act, 1909 (Act No. 25 of 1909) of the Transvaal;"diagram" means a diagram which has been signed by a person recognized by law as a land surveyor, and which has been approved or certified by a surveyor-general or other officer empowered under any law so to approve or certify a diagram and includes a diagram or a copy thereof prepared in a surveyor-general’s office and approved or certified as aforesaid, or a diagram which has at any time prior to the commencement of this Act been accepted for registration in a deeds registry or surveyor-general’s office;"erf" means every piece of land registered as an erf, lot, plot or stand in a deeds registry, and includes every defined portion, not intended to be a public place, of a piece of land laid out as a township, whether or not it has been formally recognized, approved or proclaimed as such;"general plan" means a plan which represents the relative positions and dimensions of two or more pieces of land and has been signed by a person recognized by law as a land surveyor, and which has been approved or certified as a general plan by a surveyor-general or other officer empowered under any law so to approve or certify a general plan, and includes a general plan or copy thereof prepared in a surveyor-general’s office and approved or certified as aforesaid, or a general plan which has at any time, prior to the commencement of this Act, been accepted for registration in a deeds registry or surveyor-general’s office;"immovable property" includes—(a)any registered lease of rights to minerals; and(b)any registered lease of land which, when entered into, was for a period of not less than ten years or for the natural life of the lessee or any other person mentioned in the lease, or which is renewable from time to time at the will of the lessee indefinitely or for periods which together with the first period amount in all to not less than ten years;"land" includes an undivided share in land;"Master" means the Master or Assistant Master of any provincial or local division of the Supreme Court and when used in relation to any particular matter means the Master or Assistant Master who has jurisdiction in respect thereof;"Minister" means the Minister of Lands or any other Minister of State to whom the Governor-General may from time to time assign the administration of this Act, or any Minister of State acting in the stead of any such Minister;"mortgage bond" means a bond attested by the registrar specially hypothecating immovable property;"notarial bond" means a bond attested by a notary public hypothecating movable property generally or specially;"notarial deed" means a deed attested by a notary public, and does not include a document a signature to which is merely authenticated by a notary public, or a copy of a document which has been certified as correct by a notary public;"notary public" means, in relation to any deed or other document creating or conveying real rights in land, a person practising as such in the province within which the land is registered; in relation to any other document executed within the Union, a person practising as such in any province; and in relation to any document executed outside the Union, a person practising as such in the place where the document is executed;"owner" in relation to immovable property means the person registered as the owner or holder thereof and includes the trustee in an insolvent estate, a liquidator or trustee elected or appointed under the Farmers’ Assistance Act, 1935, the liquidator of a company which is an owner and the representative recognized by law of any owner who has died or who is a minor or of unsound mind or is otherwise under disability: Provided that such trustee, liquidator or legal representative is acting within the authority conferred on him by law;"prescribed" means prescribed by this Act or any regulation ;"prospecting contract" means a notarial deed whereby the owner of land from which the right to minerals has not been excluded, or the registered holder of the right to minerals in land, grants the right to prospect and seek for any mineral or minerals in the land, together with—(a)the right to purchase the land or any portion thereof or to purchase the right to any such mineral or minerals; or(b)the right to lease any right to any such mineral or minerals;"real right" includes any right which becomes a real right upon registration;"registered" means registered in a deeds registry;"registrar" means a registrar of deeds appointed under this Act, and, when used in relation to any deeds registry means the registrar in charge of that deeds registry; and when used in relation to a document means the registrar in charge of the deeds registry wherein that document is registered or registrable or intended to be used or filed;"registry duplicate" means the counterpart or copy of a deed, consisting of more than one copy which is filed or intended to be filed of record in a deeds registry;"regulation" means a regulation made under section ten;"share" in relation to land means undivided share ;"settlement" means a group of pieces of land or of sub-divisions of a piece of land which are used or intended for use mainly for farming or horticulture, and includes a combination of such groups which is suitable for registration in one register;"this Act" includes the regulations made under section ten;"township" includes—(a)a group of pieces of land, or of sub-divisions of a piece of land, which are combined with public places and are used mainly for residential, industrial or similar purposes, or are intended to be so used;(b)any combination of such groups which is suitable for registration in one register;(c)any area of land registered or recognized at the commencement of this Act in a deeds registry as a township if a general plan thereof is filed in that deeds registry or in the office of the surveyor-general concerned; and(d)any township established, approved, proclaimed or otherwise recognised as such under any law.103. Repeal of laws
104. Short title and commencement of Act
This Act shall be called the Deeds Registries Act, 1937, and shall come into operation on a date to be fixed by the Governor-General by proclamation in the Gazette.History of this document
16 May 2011 amendment not yet applied
02 December 2010 amendment not yet applied
Amended by
Deeds Registries Amendment Act, 2010
19 July 2006 amendment not yet applied
Amended by
Deeds Registries Amendment Act, 2006
01 May 2004 amendment not yet applied
30 April 2003 amendment not yet applied
Amended by
Deeds Registries Amendment Act, 2003
15 November 2000 amendment not yet applied
Amended by
Recognition of Customary Marriages Act, 1998
24 March 2000 amendment not yet applied
Amended by
Land Affairs General Amendment Act, 2000
01 July 1999 amendment not yet applied
Amended by
Public Service Laws Amendment Act, 1997
02 November 1998 amendment not yet applied
Amended by
Deeds Registries Amendment Act, 1998
31 January 1997 amendment not yet applied
Amended by
Proclamation R9 of 1997
12 April 1996 amendment not yet applied
Amended by
Deeds Registries Amendment Act, 1996
17 December 1993 amendment not yet applied
01 December 1993 amendment not yet applied
Amended by
General Law Fourth Amendment Act, 1993
01 September 1993 amendment not yet applied
Amended by
Insolvency Amendment Act, 1993
01 May 1992 amendment not yet applied
Amended by
Expropriation Amendment Act, 1992
01 September 1991 amendment not yet applied
Amended by
Less Formal Township Establishment Act, 1991
01 September 1989 amendment not yet applied
Amended by
Deeds Registries Amendment Act, 1989
02 December 1988 amendment not yet applied
30 September 1987 amendment not yet applied
Amended by
Deeds Registries Amendment Act, 1987
15 September 1986 amendment not yet applied
01 November 1984 amendment not yet applied
Amended by
Matrimonial Property Act, 1984
01 September 1984 amendment not yet applied
Amended by
Deeds Registries Amendment Act, 1984
01 July 1982 amendment not yet applied
Amended by
Deeds Registries Amendment Act, 1982
09 May 1980 amendment not yet applied
Amended by
Deeds Registries Amendment Act, 1980
23 June 1978 amendment not yet applied
Amended by
Deeds Registries Amendment Act, 1978
13 April 1977 amendment not yet applied
Amended by
Deeds Registries Amendment Act, 1977
01 January 1977 amendment not yet applied
Amended by
Expropriation Act, 1975
20 June 1975 amendment not yet applied
Amended by
General Law Amendment Act, 1975
15 March 1974 amendment not yet applied
Amended by
General Law Amendment Act, 1974
27 June 1973 amendment not yet applied
Amended by
General Law Amendment Act, 1973
01 June 1972 amendment not yet applied
Amended by
Deeds Registries Amendment Act, 1972
28 May 1969 amendment not yet applied
Amended by
Deeds Registries Amendment Act, 1969
01 October 1967 amendment not yet applied
Amended by
Mining Titles Registration Act, 1967
06 August 1965 amendment not yet applied
Amended by
Deeds Registries Amendment Act, 1965
24 June 1964 amendment not yet applied
Amended by
General Law Amendment Act, 1964
04 May 1962 amendment not yet applied
Amended by
Deeds Registries Amendment Act, 1962
19 July 1957 amendment not yet applied
Amended by
Deeds Registries Amendment Act, 1957
22 June 1956 amendment not yet applied
Amended by
General Law Amendment Act, 1956
28 October 1953 amendment not yet applied
Amended by
Matrimonial Affairs Act, 1953
14 August 1953 amendment not yet applied
Amended by
Deeds Registries Amendment Act, 1953
01 September 1937
Commenced
26 May 1937 this version
19 May 1937
Assented to
Cited documents 0
Documents citing this one 2809
Gazette 2588
Judgment 143
By-law 44
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