Housing Development Agency Act, 2008
R 385
Deeds Registries Act, 1937 (Act No. 47 of 1937)Chapter IV : Townships and Settlements46. Requirements in the case of subdivision of land into lots or erven |
| (1) | If land has been subdivided into lots or erven shown on a general plan, the owner of the land subdivided shall furnish a copy of the general plan to the registrar, who shall, subject to compliance with the requirements of this section and of any other law, register the plan and open a register in which all registrable transactions affecting the respective lots or erven shown on the plan shall be registered. |
| (2) | For the purposes of registration of such a general plan the title deed of the land which has been subdivided shall be produced to the registrar together with the diagram thereof and any mortgage bond endorsed on the title deed and the mortgagee's consent to the endorsement of such bond to the effect that it attaches to the land described in the plan. |
[Section 46(2) substituted by section 22 of Act No. 43 of 1957)
| (3) | If the land subdivided as shown on the general plan forms the whole of any registered piece of land held by the title deed, the registrar shall make upon the title deed and the registry duplicate thereof an endorsement indicating that the land has been laid out as a township or settlement, as the case may be, in accordance with the plan, and that the lots or erven shown on the plan are to be registered in the relative register. |
[Section 46(3) substituted by section 6 of Act No. 92 of 1978)
| (4) | If the land subdivided as shown on the general plan forms a portion only of any registered piece of land held by the title deed the registrar shall, on written application by the owner of the land, issue a certificate of township or settlement title in his favour in respect of the said portion as nearly as practicable in the prescribed form and in accordance with a diagram thereof. |
[Section 46(4) substituted by section 22 of Act No. 43 of 1957)
| (5) | If the land sub-divided as shown on the general plan comprises the whole or portions of two or more registered pieces of land, the registrar may require the owner to obtain a certificate of consolidated title of the land so subdivided.The registrar shall make on such certificate the endorsement mentioned in subsection (3). |
| (6) | The provisions of section forty-three and of subsections (3) to (6) inclusive of section forty shall respectively and mutatis mutandis apply in respect of the certificates of township or settlement title mentioned in subsection (4), and the certificates of consolidated title mentioned in subsection (5). |
[Section 46(6) substituted by section 22 of Act No. 43 of 1957)
| (7) | Where a general plan has been registered in terms of subsection (1), it shall not be necessary, where a whole erf is transferred, to produce a diagram thereof: Provided that where a diagram has not been produced, a reference shall be made to the general plan in the relevant deed of transfer: Provided further that the provisions of this subsection shall apply only with reference to general plans lodged for registration on or after the date of commencement of the Deeds Registries Amendment Act, 1965. |
[Section 46(7) inserted by section 17 of Act No. 87 of 1965)
