Section 63(1) of the Deeds Registries Act 47 of 1937 governs the registration of deeds pertaining to immovable property in Namibia.

Section 63(1) of the Deeds Registries Act 47 of 1937 governs the registration of deeds pertaining to immovable property in Namibia. In accordance with section 63(1) of the Act, only real rights in immovable property may be registered and consequently lawyers and the courts are often faced with the question whether a particular condition in a deed may be registered or not.

Discuss in detail with reference to decided case law how the courts have dealt with this difficulty in making the distinction between real and creditor’s rights.