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

Chapter VI : Rights in Immovable Property

General Provisions

63. Restriction on registration of rights in immovable property

 

(1) No deed, or condition in a deed, purporting to create or embodying any personal right, and no condition which does not restrict the exercise of any right of ownership in respect of immovable property, shall be capable of registration: Provided that a deed containing such a condition as aforesaid may be registered if, in the opinion of the registrar, such condition is complementary or otherwise ancillary to a registrable condition or right contained or conferred in such deed.

 

(2) The provisions of subsection (1) shall not apply with reference to any condition in a mortgage bond or lease or in a deed referred to in section 3(1)(c) or (p).

[Section 63(2) substituted by section 53 of Act No. 24 of 2003]

 

[Section 63 substituted by section 10 of Act No. 62 of 1973]