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

Chapter VI : Rights in Immovable Property

Praedial Servitudes

75. Creation of praedial servitude by notarial deeds

 

(1) A praedial servitude in perpetuity or for a limited period may be created by means of a deed executed by the owners of the dominant and servient tenements and attested by a notary public.

 

(2) [Section 75(2) deleted by section 20 of Act  No. 14 of 1993]

 

(2)bis If it is sought to cancel a servitude, and the dominant tenement is mortgaged, the bond shall be produced together with the consent in writing of the legal holder thereof to the registration of the cancellation.

[Section 75(2)bis inserted by section 34 of Act No. 43 of 1957]

 

(3) The provisions of subsections (2) and (3) of section sixty-five shall mutatis mutandis apply in respect of praedial servitudes.

 

 


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