Gawie le Roux, Erinda Frantzen and others on
Consolidation of Properties

Introduction, purpose and content

With the coming into operation of Regulation 44 of the Deeds Registries Act 47 of 1937 and more specifically Regulation 44A(b), the responsibility for ensuring that all conditions of title have been brought forward correctly into certificates of consolidated title rests squarely on the shoulders of the preparing conveyancer of a certificate of consolidated title.

It is therefore crucial for all conveyancing practitioners to have a knowledge of the legal requirements, practices and procedures pertaining to the consolidation of properties and more especially the aspect of qualification of servitudes and conditions. The importance of this aspect of conveyancing is further emphasised by the fact that certificates of consolidated title usually precede other transactions, such as the opening of sectional title registers, the opening of township registers and subdivisional transfers. Errors in the drafting of the certificate of consolidated title, especially errors relating to conditions of title, could be disastrous in linked or further transactions.

Unfortunately not much has been written on the subject of qualification of servitudes and conditions. Further, different practices are followed in the various deeds registries as a result of historical developments and differences in the applicable legislation. The understandable result of all this is uncertainty regarding the correct practice and procedures to be followed in the different deeds registries. This practice manual is expected to shed some light on these matters. Our aim is to clarify not only the legal requirements but also the correct practices pertaining to consolidation and especially qualification of servitudes and conditions in the following deeds registries: Pietermaritzburg, Pretoria, Johannesburg, Nelspuit (Mombela), Bloemfontein, Cape Town and Grahamstown.

Structure and benefits

The manual is a comprehensive set of notes and include examples of the practical application of this subject in Pietermaritzburg, Pretoria, Johannesburg, Nelspuit (Mombela), Bloemfontein, Cape Town and Grahamstown. It is intended to equip the readers with the required knowledge and skills to enable them to successfully navigate not only the whole consolidation process but also the drafting of certificates of consolidated title and particularly the qualification of servitudes and conditions.

The practice manual will enable you to:

  • have a knowledge of the legislative requirements pertaining to the registration of certificates of consolidated title;
  • have a knowledge of possible new legislation that will significantly affect the registration requirements for certificates of consolidated title, especially with regard to the imposition of new conditions;
  • be cognizant of all the latest developments in the different directives, such as Registrars’ circulars, Chief Registrars’ circulars and Registrars’ conference resolutions dealing with the registration of certificates of consolidated title and more specifically the qualification of servitudes and conditions;
  • have a knowledge of what the qualification of servitudes and conditions entails;
  • have the necessary knowledge and skills to correctly and accurately qualify different servitudes and conditions;
  • distinguish between the practices followed in the different deeds registries pertaining to consolidation and especially the qualification of servitudes.

Compiler – Erinda Frantzen

Erinda Frantzen is an attorney, notary and conveyancer from Pretoria. She has served the Centre for Conveyancing Practice as a lecturer in deeds and notarial practice for over eight years. She is the co-author of the prestigious self-study notes on conveyancing and notarial practice.

She was the presenter of three successful seminars, namely: "Conveyancing and the new Companies Act" (Jun 2011) , "Amended regulations under the Sectional Titles Act" (Nov 2011) and “Sectional Titles: How to subdivide, consolidate and extend sections, as well as exclusive use areas and real rights of extension” (Jan 2013). Another of her responsibilities is the development and presentation of workshops in preparation for the conveyancing examination as well as the training courses for conveyancing typists.

She obtained the degree of BCom (Law) at the University of Pretoria in 1993 and obtained her LLB at the University of South Africa in 1996. She did her articles at Couzyn, Hertzog & Horak in Pretoria in 1997 and 1998. This was followed by five years as a conveyancer and notary at Van der Merwe Du Toit Inc. In January 2006 she embarked on a career as lecturer at the Centre for Conveyancing Practice.

Coordinator – Gawie le Roux

Gawie le Roux is an attorney, conveyancer and entrepreneur. He is also the director of the Centre for Conveyancing Practice and its sister entity, the Centre for Legal Compliance. He has established himself in legal training through his study notes on conveyancing practice and the lectures he has presented at various centres throughout the country for over 20 years to prepare attorneys and candidate attorneys for the conveyancing examination. Under his guidance a successful course to prepare candidates for the notarial examination has also been developed.

Gawie is also involved in the property market as an active investor. He is the managing director of two private property investment companies.

Gawie is married to Irene and they have five children and one grandchild.

He lives in Lynnwood, Pretoria. He began his career in 1981 as a state prosecutor at the Department of Justice. He was subsequently attached to the Department of Foreign Affairs for a brief period (from 1983 to 1984), after which he was transferred to the legislation section of the Department of Justice at its head office in Pretoria (from 1985 to 1990). From 1991 to 1995 he was attached to the Office of the State Attorney in Pretoria.

On 1 October 1995 he began practising as an attorney for his own account. From the year 2000 onwards, Gawie began to devote the major portion of his time to training and this is now virtually his full-time occupation.

Co-worker - Warren Hamer

Warren Hamer is a practising attorney, notary and conveyancer based at the Claremont branch of STBB. Warren is an expert in land rights relating to property development and commercial conveyancing throughout South Africa and Namibia. Warren also specializes in the field of notarial registrations of renewable energy rights and commercial property lease rights. Warren is a lecturer with the Law Society of South Africa’s school for legal practice where he presents conveyancing subjects and is also a member of the examination board. Furthermore Warren spent 17 years at the Cape Town Deeds Registry where he served as Acting Assistant Registrar of Deeds and fulfilled the function of law lecturer.

Other co-workers

Rodney Petherbridge, Acting Deputy Registrar of Deeds, Pretoria, for his valuable comments and contributions on the practice in the Deeds Registries of Pretoria, Johannesburg and Nelspruit
Henry Lourens, Assistant Registrar Training, Pietermaritzburg, for his valuable comments and contributions on the practice in the Deeds Registry of Pietermaritzburg
Hannelie de Klerk, Assistant Registrar Training, Bloemfontein, for her valuable comments and contributions on the practice in the Bloemfontein Deed Registry
Mieke van Rensburg, Director Norton Rose, Cape Town, for her valuable comments and contributions on the practice in the Deeds Registries of Cape Town and King Williams Town

Seminarnotes Cover

 Price

R590

Order
Erinda Frantzen
Erinda Frantzen
Compiler
Gawie Le Roux
Gawie le Roux
Coordinator
Warren Hammer
Warren Hamer
Co-worker