5. RELATIONSHIP WITH DEEDS OFFICE

5.1. Formal Conduct

5.1.1. Deeds Lodged Contact with the Deeds Office is established through the deed
being lodged.

a) Utmost care should be taken to ensure that deeds are properly and correctly prepared, in all respects.
b) The lodgement cover should be neatly and correctly opened, the linking completed, the Deeds Office Tracking System sticker affixed and the documents inside the cover neatly inserted, without unnecessary staples and covers. Remember that these documents have to be microfilmed so all unnecessary pages and documents should be removed from the lodgement cover.
c) Care must be taken, on preparation, to pre empt notes that may be raised by the Deeds Office.

5.1.2. Adhering to office hours and general matters

a) Deeds must be lodged by the time determined by the Registrar of Deeds.
The reason for this cut off time is to ensure that all deeds are lodged timeously and to give personnel undisturbed time to collate deeds and compile batches.
b) Adhere to the execution time as determined by the Registrar. This is the time when all the conveyancers gather in the execution room and ensure, not only that communication with fellow conveyancers is punctual,but also that the deeds are executed as quickly as possible and handed to the registering personnel to facilitate prompt registration.
c) Adhere to the hours for the removal of notes. These hours are published by the Registrar from time to time to ensure that examiners are available to remove notes. Outside of these hours, examiners expect to be left undisturbed to examine deeds.
d) Hand in deeds for execution as soon as possible but not later than the stipulated time. This assists Deeds Office personnel to collate deeds handed in for execution quickly and efficiently and to commence with final Black Bookings. The execution room is not the place to discuss notes and queries with Deeds Office personnel.
e) If, for whatever reason, the Registrar decides not to register a deed or a batch of deeds which have been handed in for execution; the Registrar will telephone the attorneys firm which is linked as number one of the batch. Attorneys must ensure that the telephone number which appears with the firm number on the cover of the deed, is the correct, current telephone number to facilitate the Deeds Office to make speedy and easy contact with the conveyancer concerned.
f) Conveyancers must emphasise the seriousness of a telephone call from the Deeds Office to their receptionists/secretaries. On receiving word from the Deeds Office that a batch of deeds has not been executed it is the duty of the conveyancer as number one of the batch, to contact the simultaneous firms concerned and inform them that registration has in fact not taken place. This will prevent conveyancers from incorrectly advising their clients/banks of registration and prevent them from presenting guarantees and making payments.
g) A conveyancer is obliged to attend to his deeds on prep or execution on a strictly daily basis. Unless the conveyancer has no deeds on prep or execution on a specific day, it is the duty of a conveyancer or his representative to be present in the Deeds Office every day. It is unprofessional conduct for a conveyancer not to attend promptly to prep notes and to hold over deeds unnecessarily, causing delays and financial prejudice to the public and his/her colleagues,unless there are valid reasons to hold over.
h) No conveyancer is allowed to use the lodgement number or facilities of another firm. A conveyancer who wishes to render conveyancing services in the Deeds Office, must complete the prescribed application form of the Deeds Office to obtain his own lodgement number, furnishing all relevant information as required by the Registrar. It is the prerogative of the Registrar to withdraw or suspend a lodgement number and facilities if it appears to him that a lodgement facility has become inactive or for any other valid reason, in his own discretion.
i) A conveyancer is obliged to be available to execute matters that are lodged during the festive season and other holiday periods or, alternatively, timeously to notify practitioners attending to simultaneous transactions, including his client, of any special arrangements made for this purpose.This includes the duty timeously to notify banks and other institutions to effect payment of property guarantees pursuant to registration.

5.1.3. Payment of Deeds Office Charges

a) When a conveyancer makes use of the facilities of the Deeds Office,
he is contractually and personally bound to pay his account of Deeds Office fees punctually. It is regarded as unprofessional conduct not to pay the account of the Deeds Office and the following remedies are available to the Registrar: - he can institute legal action against the defaulting conveyancer or firm in order to collect the outstanding debt; - simultaneously, he can report the conveyancer or firm to the Law Society; - he has the right to refuse entry to and suspend the executing powers of the defaulting party.
b) If registration of a deed is refused by the Registrar, due to the fact that the account of the conveyancer is in arrears, it may cause prejudice, not only to the clients concerned, but also to the simultaneous attorneys in the batch and their clients. The Law Society regards such delays in a serious light and will act decisively against such conveyancer, when reported to the Law Society. There is no reason to be in arrears. The conveyancer is required to make arrangements to be covered for his expenditure and disbursements, prior to lodgement.
c) If the conveyancer refuses to pay his account to the Deeds Office,
due to the fact that there is a dispute over the accuracy of the amount or items concerned, the correct procedure to be followed by the conveyancer is to arrange with the Deeds Office to pay cash for each transaction on an ad hoc basis until the dispute is resolved and the suspension uplifted. It is not an excuse for the conveyancer to hold over the registration of deeds due to his suspension, because of the fact that he does not agree with the statement of account as rendered by the Deeds Office.
d) In order to prevent the trouble which is caused by non-payment of practitioners it is envisaged that the Registrar will introduce a system of pre-payment. Once this system is implemented the problems as discussed above will hopefully be something of the past. A conveyancer will then be paid in advance in order to have his transaction registered.

5.2. Personal contact with Deeds Office personnel

i) Controversial notes or notes of substance should be discussed with the examiner by a conveyancer and not by a prep clerk or candidate attorney. Conveyancers should be thoroughly prepared to discuss the note.
ii) If Deeds Office personnel need to be consulted over matters other than notes raised in deeds, a prior appointment will ensure the availability of the examiner. Applications for restoring or expediting deeds must be done by a conveyancer and not a clerk or candidate attorney.
iii) Switch off cellphones when discussing notes with examiners or refrain from taking calls.
iv) Be courteous when dealing with Deeds Office personnel. Even where you believe that a mistake has been made by an examiner, do not be rude.
v) Always follow the correct administrative procedure and do not pressure junior staff members to bypass internal procedures. There are good reasons for such procedures and they should be adhered to.
vi) Do not enter offices and sift through deeds without having obtained the necessary permission beforehand. Deeds often get lost in the Deeds Office, not through negligence of the Deeds Office, but through unauthorised entry and handling of deeds by the employees of conveyancers.
vii) Unless prior consent has been expressly obtained from the relevant official, no deeds, books, records or property belonging to the Deeds Office may be removed from strong rooms or place of storage. It is prohibited to carry such records or property around the passages of the Deeds Office.If neccessary, the examiner must accompany you to the place of record to inspect and discuss the document in question.
viii) When executing deeds, always greet the registering official to whom deeds are handed for registration. Except for conveyancers, the only other people allowed in the execution room are those accredited people with permission from the Registrar.
ix) Accept responsibility when you have made a mistake and do not blame the Deeds Office.
x) Discuss notes with the examiner who made them or his/her senior. Do not go directly to a senior examiner unless the responsible examiner is not available.
xi) The conveyancer is ultimately responsible for the conduct and behaviour of his prep clerks, candidate attorneys or other staff working for his firm in the Deeds Office. If any complaints are received from the Deeds Office, it is the duty of the conveyancer or firm employing such staff member, to deal with the complaint and sort it out with the Deeds Office. If necessary an apology must be tendered to the Deeds Office and a stern warning must be issued against such staff member. Remember that the Registrar of Deeds reserves the right of admission to his office and is entitled to ban a person from attending his office, if he or she misbehaves.
xii) Sometimes prep clerks act as free agents or independent contractors and work for more than one firm.This obviously creates a problem of discipline and control for the Deeds Office. The Registrar will only allow such a person access if he or she can produce a letter from a firm confirming that such a person is in their employment and that the firm accepts responsibility for the conduct and behaviour of such person. Conveyancers are discouraged from making use of such persons, but if they do, it is important to make certain that such a prep clerk is accredited in the Deeds Office and it is advisable to have a letter of appointment setting out the duties of such person.
xiii) Remember that the profession has established channels of interface with the Deeds Office. Regular meetings are held with a view to facilitating the whole registration process, marrying the needs of the professionals and the Deeds Office personnel. In need, you should contact the Property Law Committee of the relevant Attorneys Association or members of the relevant Law Society Property Law Committee.