Understandable, but in the long run such practices become almost impossible to get rid of. Practices often also find the basis for their existence in notes with no basis in law being raised by examiners and conveyancers complying with such notes simply to be able to register the particular deed or deeds involved. Also, nobody has seen every possible type of registrable deed or document, nor do I think anyone ever will. Sometimes the deed concerned is so much out of the ordinary that one can safely say that there cannot be a Deeds Office practice pertaining to the particular case in point. One is then referred to “deeds office practice”, in other words stick to the custom or convention, however wrong it may be. “noun (CUSTOM) - a usual or accepted way of behaving, especially in social situations, often following an old way of thinking or a custom in one particular society”Īn age old attitude in Deeds Offices that one sees with examiners when confronted with an unusual matter is very often “.I have not ever seen this.” and therefor the matter is not registrable. Convention is inter alia defined in the Cambridge dictionary as: Obviously other statutes also influence the operation of such a body.Īt least as far as the Deeds Offices are concerned they are also what I would like to call “creatures of convention”. The importance of a corporate body, regardless of its exact function, when such a body is a creature of statute is that its active functions can only be within the scope detailed by the statute which created that body. Offices such as the office of the Master of the High Court and the Registrar of Deeds are regularly described as “creatures of statute”, in other words legal entities created by statute.
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