*
I read somewhere about an advocate who practiced at the Johannesburg Bar, who was heard to say to the Judge in a motion court application, that he had “Three points and One udder point.” When they judge said to him that he surely meant he had four points, Counsel was adamant by saying that no, he had three points and den wun udder point. I think you get the picture.
Today’s points:
1. The deeds office is still blowing hot and cold. Sometimes they strike and sometimes they don’t. Sometimes it is open for some things like lodgments and sometimes not. Yesterday it was closed.
2. One of our deeds was recently rejected and I was told by my Pietermaritzburg agent that the query from the deeds office pointed out that the “title deed has been artificially reinforced with a cellophane covering which precludes it from being scanned through the computer system” so the deed was being regarded as unserviceable and a formal application needed to be made for a replacement deed under Regulation 68(8). Easy enough but who pays the costs of that application?
3. Are we being bullied into accepting [judging by newspaper reports] that the Consumer Protection Act will see the demise of the “Voetstoots” clause in sale agreements?
And the one udder point:
On one of the international television channels, viewers were informed last night that computer users now more readily access their Facebook accounts than Google. Wikipedia tells me that as of July 2010, Facebook has more than 500 million (five hundred million!) active users. Users are accessing websites that their friends access. It is a viral thing.
Regards,
Sieg
Quote:
Accused: “I am innocent, as God is my witness.”
Judge: “Are you requesting an adjournment in order to call Him (as a witness)?”
From the (1972) 12 Rhodesian Law Journal 131 as quoted in Ellison Kahn’s “Law, life and laughter encore” which is available as a “google” book. Here’s the link: http://books.google.com/books?id=-f_yBdhgtIEC&pg=PA1&dq=Ellison+Kahn&source=gbs_toc_r&cad=3#v=onepage&q&f=false
Thursday, August 19, 2010
Tuesday, August 17, 2010
“Omkeer!”
Ask any ouk who has had to do military service of the meaning of the word “omkeer” – about turn.
Sometime in June we received Registrar’s Circular 7 of 2010 which placed an outright ban on the restoration of deeds [other than in two exceptional cases].
Restoration is the process whereby a deed that has been rejected by the Deeds office, is “restored” without having to go through the whole process of re-lodgment, etc. This was particularly useful where the rejection error was one that was easily corrected or where, as sometimes happened, the deeds office erroneously rejected a deed which it should not have done.
Now, it only seems fair that if a deed has been rejected because a deeds office examiner made an error, that the deeds office says “Oops, sorry, we slipped up and we will make amends by restoring the deed”.
No, said the Registrar, even in that case, no more restorations.
I subsequently learnt that this circular was the reaction by the Registrars (of Deeds) to the fraud that had taken place when several Johannesburg Municipality properties had been fraudulently transferred. So, because of the misdeeds of some deeds office officials, all of us are now “punished”.
But, I am happy to report, the Registrar of Deeds at Pietermaritzburg has withdrawn Circular 7 of 2010, i.e. she has done an “omkeer”.
I heard through the grapevine via my esteemed Pietermaritzburg colleague, that the deeds office was “threatened” with High Court Action, hence the omkeer.
Regards,
Sieg
Quote:
“ The world has moved on and morals have changed. Divorce, which in earlier days was available in the event of adultery or desertion only, is now available in the event of an irretrievable breakdown of the marriage. Guilt is no longer an issue. There is no reason why a just cause for ending an engagement should not likewise include the lack of desire to marry the particular person, irrespective of the “guilt” of the latter. Unwillingness to marry is clear evidence of the irretrievable breakdown of the engagement. It appears illogical to attach more serious consequences to an engagement than to a marriage.”
Per Harms DP in the Appeal Court decision of Van Jaarsveld v Bridges 2010 (4) SA 558 in a “breach of promise to marry” case which involved as the claimant, the daughter of the late Bles Bridges. [And this is to my friend Pierre of Pretoria: how far have we moved since the long journey from Cape Town to Johannesburg as described in Guggenheim v Rosenbaum?]
Sometime in June we received Registrar’s Circular 7 of 2010 which placed an outright ban on the restoration of deeds [other than in two exceptional cases].
Restoration is the process whereby a deed that has been rejected by the Deeds office, is “restored” without having to go through the whole process of re-lodgment, etc. This was particularly useful where the rejection error was one that was easily corrected or where, as sometimes happened, the deeds office erroneously rejected a deed which it should not have done.
Now, it only seems fair that if a deed has been rejected because a deeds office examiner made an error, that the deeds office says “Oops, sorry, we slipped up and we will make amends by restoring the deed”.
No, said the Registrar, even in that case, no more restorations.
I subsequently learnt that this circular was the reaction by the Registrars (of Deeds) to the fraud that had taken place when several Johannesburg Municipality properties had been fraudulently transferred. So, because of the misdeeds of some deeds office officials, all of us are now “punished”.
But, I am happy to report, the Registrar of Deeds at Pietermaritzburg has withdrawn Circular 7 of 2010, i.e. she has done an “omkeer”.
I heard through the grapevine via my esteemed Pietermaritzburg colleague, that the deeds office was “threatened” with High Court Action, hence the omkeer.
Regards,
Sieg
Quote:
“ The world has moved on and morals have changed. Divorce, which in earlier days was available in the event of adultery or desertion only, is now available in the event of an irretrievable breakdown of the marriage. Guilt is no longer an issue. There is no reason why a just cause for ending an engagement should not likewise include the lack of desire to marry the particular person, irrespective of the “guilt” of the latter. Unwillingness to marry is clear evidence of the irretrievable breakdown of the engagement. It appears illogical to attach more serious consequences to an engagement than to a marriage.”
Per Harms DP in the Appeal Court decision of Van Jaarsveld v Bridges 2010 (4) SA 558 in a “breach of promise to marry” case which involved as the claimant, the daughter of the late Bles Bridges. [And this is to my friend Pierre of Pretoria: how far have we moved since the long journey from Cape Town to Johannesburg as described in Guggenheim v Rosenbaum?]
Friday, August 13, 2010
It will (soon) cost more
The deeds office charges are to increase with effect from 02nd September 2010.
I have set out the increased amounts in a table which is available on request.
Most of the items show an increase of R50.00.
Regards,
Sieg
PS: I had one comment from an owner who recently had to go through the “tenting” experience. This is what she wrote: “"It was a nightmare, find hotels for the dogs, cat and fish..LOL. and to top it security is also a problem too. feels like your home has been invaded.." [Thanks, Ann!]
Quote:
“ I can’t think of a single reason why I would want to remain an attorney but I can think of a thousand reasons to quit being one.”
With apologies to Grey’s Anatomy, episode 1, First Series, as modified by Sieg
I have set out the increased amounts in a table which is available on request.
Most of the items show an increase of R50.00.
Regards,
Sieg
PS: I had one comment from an owner who recently had to go through the “tenting” experience. This is what she wrote: “"It was a nightmare, find hotels for the dogs, cat and fish..LOL. and to top it security is also a problem too. feels like your home has been invaded.." [Thanks, Ann!]
Quote:
“ I can’t think of a single reason why I would want to remain an attorney but I can think of a thousand reasons to quit being one.”
With apologies to Grey’s Anatomy, episode 1, First Series, as modified by Sieg
Thursday, August 12, 2010
Entomologist Clearance Certificates and fumigation
Most sale agreements of residential properties [well, those near the coast, in any event] contain a clause that obliges the Seller to provide the Purchaser with an Entomologist Clearance Certificate [sometimes referred to as the “pest certificate” or a “woodborer certificate”. Sometimes the entomologist finds these pests and then recommends that the house be tented and fumigated.
I had a look today at the recommendations of the fumigator and am rather pleased that I have not had to move out of a house (yet!) while it gets fumigated. I have set out the list of recommendations for the home owner below. Judge for yourself what a nuisance this would be.
Regards,
Sieg
________________________________________
The fumigator’s recommendations:
“Please note that it is our intention to fumigate the above-mentioned property for the eradication of woodborer, by using Methyl Bromide Gas.
All persons must vacate the premises when we arrive to commence fumigation. Fumigation is a process that can result in the death of humans and animals. It is therefore imperative that the following precautions are taken and carried out.
1) All humans, animals, pets, fish in tanks and bird seed to be removed from the premises.
2) Remove all unsealed foodstuffs with a liquid content e.g. eggs, butter, milk, meat, fish, fruit, vegetables, bread and cakes and wine.
3) Remove all medicines.
4) Remove all unwashed woollens, furs, kid leather items, Persian/Chinese carpets, thick pile shaggy carpets, latex rubber, yoga mats, pillows (feather and kapok), scatter cushions, suede jackets, army coats, wetsuits, eiderdowns and any pure wool products.
5) Photographic fluids, first aid kits, indoor plants, building blueprints.
6) Precious flowers within 1.5 m of the outside wall. These can be replaced after fumigation.
7) Depending on roof structure, you will need to remove T.V. and radio antennae including satellite dishes.
8) Remove any other items pointed out prior to fumigation.
9) Lock up all your valuables.
10) The building must be vacated a period of 2 days, including 2 nights. Access will be required to the roof void of the building. All rooms will be inspected immediately prior to the fumigation.
11) Notification to be given to insurance companies to inform them that a fumigation is to be carried out.
12) Notify neighbours that a fumigation is to take place, so that they can take precautions with their children and animals. During the fumigation, only authorised, working personnel will be allowed on site.
13) After fumigation air out all rooms, cupboards and drawers. No need to wash or rinse anything after the fumigation as there is no residue.
14) We cannot be held liable for damage caused to any roof structure, gutter, down pipes, electrical wiring or fittings.”
________________________________________
Quote:
“But borrowing strength builds weakness. It builds weakness in the borrower because it reinforces dependence on external factors to get things done.”
Stephen R Covey in “The 7 habits of highly effective people”, 1989 at p.39
I had a look today at the recommendations of the fumigator and am rather pleased that I have not had to move out of a house (yet!) while it gets fumigated. I have set out the list of recommendations for the home owner below. Judge for yourself what a nuisance this would be.
Regards,
Sieg
________________________________________
The fumigator’s recommendations:
“Please note that it is our intention to fumigate the above-mentioned property for the eradication of woodborer, by using Methyl Bromide Gas.
All persons must vacate the premises when we arrive to commence fumigation. Fumigation is a process that can result in the death of humans and animals. It is therefore imperative that the following precautions are taken and carried out.
1) All humans, animals, pets, fish in tanks and bird seed to be removed from the premises.
2) Remove all unsealed foodstuffs with a liquid content e.g. eggs, butter, milk, meat, fish, fruit, vegetables, bread and cakes and wine.
3) Remove all medicines.
4) Remove all unwashed woollens, furs, kid leather items, Persian/Chinese carpets, thick pile shaggy carpets, latex rubber, yoga mats, pillows (feather and kapok), scatter cushions, suede jackets, army coats, wetsuits, eiderdowns and any pure wool products.
5) Photographic fluids, first aid kits, indoor plants, building blueprints.
6) Precious flowers within 1.5 m of the outside wall. These can be replaced after fumigation.
7) Depending on roof structure, you will need to remove T.V. and radio antennae including satellite dishes.
8) Remove any other items pointed out prior to fumigation.
9) Lock up all your valuables.
10) The building must be vacated a period of 2 days, including 2 nights. Access will be required to the roof void of the building. All rooms will be inspected immediately prior to the fumigation.
11) Notification to be given to insurance companies to inform them that a fumigation is to be carried out.
12) Notify neighbours that a fumigation is to take place, so that they can take precautions with their children and animals. During the fumigation, only authorised, working personnel will be allowed on site.
13) After fumigation air out all rooms, cupboards and drawers. No need to wash or rinse anything after the fumigation as there is no residue.
14) We cannot be held liable for damage caused to any roof structure, gutter, down pipes, electrical wiring or fittings.”
________________________________________
Quote:
“But borrowing strength builds weakness. It builds weakness in the borrower because it reinforces dependence on external factors to get things done.”
Stephen R Covey in “The 7 habits of highly effective people”, 1989 at p.39
Wednesday, August 11, 2010
A Conveyancer’s Diary: Wednesday 11th August 2010
Executions and the State Employees strike
This from a circular just received [which refers to the Deeds office at Pietermaritzburg]:
“11 August 2010
DEEDS OFFICE STRIKE
The Deeds Office has said that there will be no executions today. It appears that the other functions of the Deeds Office will not be affected.
Yours faithfully”
Just when you thought capital punishment had been abolished . . .
Regards,
Sieg
Quote:
“Anxiety is practicing failure in advance”
Seth Godin in “Linchpin”, 2010 at p. 136
Subscribe to:
Posts (Atom)
