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Deeds Registries Act, 1937 (Act No. 47 of 1937)

Chapter IV : Townships and Settlements

47. Transfer of township or portion thereof

 

The owner of land in respect of which a register has been opened under section forty-six may transfer, by one deed, the whole of any portion of such land or a share in the whole of such land: Provided that—

(a) if a portion only of the land is sought to be transferred—
(i) the transfer shall be passed in accordance with a diagram (to be annexed to such deed) from which shall be excluded all erven on the land represented thereon which have already been transferred, and on which the total area of such transferred erven shall be indicated;
(ii) the boundaries of such portion shall coincide with one or more of the lines of division shown on the general plan and shall not intersect any of the erven shown thereon;
(b) if the remainder of the land is sought to be transferred or mortgaged or otherwise dealt with there shall be produced to the registrar a certificate of remainder signed by the surveyor-general; and

[Section 47(b) substituted by section 21 of Act No. 43 of 1962]

(c) the deed of transfer shall disclose that the land conveyed thereby has been laid out as a township or is a portion of land so laid out, that such land remains subject to the provisions of the law relating to townships, and, if any public place or portion thereof in such township forms part of the land transferred, that the rights of owners of erven and of other persons to such public place are not affected by such transfer.

 

 


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