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ARTICLE · 08 NOVEMBER 2019

When Is Full Initialing Of Alterations Required?

Regulation 44(2) of the Deeds Registries Act 47 of 1937 and regulation 16B (2) of the Sectional Titles Act 95 of 1986

South AfricaReal Estate and Construction

Regulation 44(2) of the Deeds Registries Act 47 of 1937 and regulation 16B (2) of the Sectional Titles Act 95 of 1986 provide that any material alteration or interlineation in any power of attorney, application or consent must be initialed by the person who prepared such document. A material alteration is not defined and is a moot point. It can, however, be accepted that those facts for which the preparer takes responsibility must be initialed by such preparer.

A registrar of deeds would, however, require that certain alterations or interlineations on a power of attorney, consent or application are to be fully initialed, i.e. by the person executing such document, the witnesses and in certain instances by the preparer of the document (see in this regard regulation 20(4) read with RCR 15 of 1988 and RCR 10 of 2004).

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