OPENING OF A TOWNSHIP REGISTER
ESTABLISHMENT OF A TOWNSHIP
The establishment of a township refers to the opening of a township register in respect of a township or settlement which is to be laid out by a developer over either the whole or a portion of land. It establishes not only the township, but also the individual erven created therein.
The following is a practical guide on how to open a Township Register. The document provides details of which documents are drawn in particular circumstances, as well as which documents are forwarded to the Deeds Office in each circumstance.
Guide to Township Register Documents:
The following is a brief guide on which documents to use in particular circumstances when opening a Township Register.
Document |
Document |
Application for opening of Township Register pursuant to S46(1) |
Use this document when opening a Township Register and requesting registration of the General Plan at the same time. |
Application for opening of Township Register ito S46(1) |
Use this document when opening a Township Register where General Plan has already been registered. |
Consent by bondholder to opening of township register (Form MM) |
Use this document when opening a Township Register and the property on which the Township is situated is bonded. The bondholder’s consent is required. |
Application for Certificate of Township Title ito S46(4) |
Use this document to apply to the Deeds Office for a Certificate of Township Title only where the General Plan has already been approved. |
Certificate of Township Title ito S46(4) |
Send this document to the Deeds Office with K4 above when applying for a Certificate of Township Title only where the General Plan has already been approved. |
Application to extend boundaries of a township ito S49(1) |
Use this document to apply to the Deeds Office to endorse the title deed where the boundaries of a Township have been extended. |
Endorsement on title deed of land once township register is opened |
This document contains an example of the wording of the endorsement which is made on the holding title deed which holds each new erf in the new Township once the Township Register has been opened. As each erf is sold off, the title deed is endorsed accordingly. |
Property Description where township as a whole (or what remains of a township) is transferred by owner to buyer |
This description will be used in the Deed of Transfer where a whole township (or the remainder once several erven have been sold off) is transferred by the Developer. |
Application for Excision |
Use this document where a township has been laid out on an erf and not on agricultural land (unusual but not impossible), and the land must be excised from that particular register and entered into the agricultural land register before application can be made for the opening of a Township Register. |
Certificate of registered real rights iro a Township or Settlement being laid out (Form PP) |
Use this document where the owner of the land reserves real rights in respect of the entire land upon which a Township is established. |
Certificate of registered real rights iro the remainder of a Township or Settlement (Form EEE) |
Use this document where the owner of the land reserves real rights in respect of the remainder or portion of the land upon which a Township has been established. |
Certificate of registered real rights iro rights reserved in land (Form FFF) |
Use this document where the owner of the land reserves real rights in respect of the erven in the township. |
Lodgement of Documents in the Deeds Office:
A clear distinction must be made between a township established on a whole piece of land (i.e. a piece of land held under one title deed and depicted on one diagram) and a township established on a portion of land (i.e. where the township is established on only a portion of land held under a title deed).
The documentation lodged in the Deeds Office differs in respect of each of the above.
WHERE A TOWNSHIP IS TO BE ESTABLISHED ON A WHOLE PIECE OF LAND:
Upon application by the owner of the land, the Registrar must make an endorsement on the holding title deed of the land indicating that the land has been laid out as a township in accordance with the General Plan, and that the erven are to be registered in the relevant land register.
The following documents are forwarded to the Deeds Office for lodgement:
• The application for the opening of a Township Register and registration of the General Plan.
• The title deed of the land on which the township is to be established.
• A registration copy of the General Plan in terms of which the township is divided into erven (in duplicate).
• Conditions of establishment by the Local Authority.
• A certificate by the Local Authority confirming compliance with the pre-establishment conditions.
• A letter from the Department of Agriculture addressed to the Registrar setting out the land on which the township is to be established is not agricultural land (in terms of Chief Registrar’s Circular 6 of 2002).
• Any mortgage bonds registered over the land.
• Mortgagee to the opening of the Township Register if the land is bonded.
NOTE: Endowment erven (i.e. erven which have been reserved by the Local Authority for use as parks, hospitals, schools, police stations, etc) must be transferred BEFORE the transfer of any other erven.
WHERE A TOWNSHIP IS TO BE ESTABLISHED ON A PORTION OF LAND:
Upon written application by the owner of the land, the Registrar must issue a Certificate of Township Title in the prescribed form and in accordance with the diagram in respect of the portion of land on which the township is to be laid out before the township can be established.
Many Developers favour the registration of a Certificate of Township Title over a Certificate of Registered Title, as the Certificate of Township Title can be issued at any time before or after the approval of the township, whereas the Certificate of Registered Title can only be issued after approval of the township. The requirements in respect of both the Certificate of Township Title and the Certificate of Registered Title are the same, and provisions of Section 43 of the Deeds Registries Act 47 of 1937 apply to both.
The following documents are forwarded to the Deeds Office for lodgement:
• The application for the opening of a Township Register and registration of the General Plan.
• The title deed of the land on which the township is to be established.
• The subdivisional diagram (in duplicate).
• The application for the issue of a Certificate of Township Title (K4).
• The Certificate of Township Title (K5).
• A copy of the General Plan in terms of which the township is divided into erven.
• Conditions of establishment by the Local Authority.
• A certificate by the Local Authority confirming compliance with the pre-establishment conditions.
• A letter from the Department of Agriculture addressed to the Registrar setting out the land on which the township is to be established is not agricultural land.
• Any mortgage bonds registered over the land.
• Consent by the Mortgagee to the opening of the Township Register if the land is bonded.NOTE: Endowment erven (i.e. erven which have been reserved by the Local Authority for use as parks, hospitals, schools, police stations,etc) must be transferred BEFORE the transfer of any other erven.
Permanent Filing of Township Title:
The title deed of the land on which the township is established can be permanently filed in the Deeds Office so as to avoid timeous delays after the registration of each erf or batches of erven in the township. This is usual practice in cases where large numbers of erven are held under one title deed and are transferred away either individually or in batches.
Permanent filing of a title deed is done by means of a written request to the Registrar, which must include an indemnity against any damages which may be suffered by the owner as a result of loss or damage to the deed, and replacement thereof is for the account of the owner. An annual fee is also payable in respect of permanent filing, which is renewable at the applicable rate.
Once the title deed has been permanently filed, upon registration of any of the transactions relating thereto, reference must be made to where the title deed is filed. A permanent filing number is allocated to each deed, and must be inserted on the back of the lodgement cover.