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Land and Agricultural Development Bank Act, 2002 (Act No. 15 of 2002)

Part III : Funds and Business of Bank

31. Change loans

 

 

(1) The Bank may advance money for the erection of—
(a) water supply infrastructure;
(b) bore holes;
(c) main line and irrigation equipment;
(d) all pumping requirements for irrigation;
(e) dams;
(f) internal or external fencing;
(g) electricity supply by any supplier;
(h) silos; and
(i) roads to access farming areas.

 

(2) Before any payment is made in respect of the advance referred to in subsection (1), the Bank must transmit in writing to the Registrar of Deeds concerned information stating—
(a) the date and amount of the advance made in terms of this section and, if the advance is made in respect of more than one property, the amount which each owner is liable to pay;
(b) the person to whom the advance has been made; and
(c) the property description in respect of which the advance is made.

and on receipt of that information the Registrar of Deeds must cause a note thereof to be made in his or her registers in respect of the property and must transmit forthwith to the Bank a certified copy of that note.

 

(3) The making of a note in terms of subsection (2) has the effect of creating in favour of the Bank a charge upon the property until the amount of the advance together with interest and costs has been repaid.

 

(4) On receipt of written information from the Bank that the amount of the advance together with interest and costs has been repaid, the Registrar of Deeds must delete from his or her registers the note referred to in subsection (2).

 

(5) If—
(a) an instalment or interest in respect of an advance is still unpaid three months from the date on which payment thereof became due; or
(b) the advance has not been applied for the purpose for which it was made,

the Bank may at any time require the debtor to repay the whole advance forthwith together with interest and costs or such portion thereof as he or she is liable to repay, and any interest due.

 

(6) No transfer of any property, or any partition deed of transfer in respect thereof, may be registered by any Registrar of Deeds except on production to the Registrar of a certificate signed by a duly authorised official of the Bank indicating—
(a) that all instalments and interest up to then due to the Bank in respect of the advance have been paid; and
(b) the amount still owing in respect of the advance and, if the property is being partitioned or any portion thereof is being transferred, the amount of the advance still owing which attaches to each separate portion of the property.

 

(7) The certificate referred to in subsection (6) is prima facie proof of the facts stated therein and the Registrar of Deeds must note the amount of any liability which attaches to the property in terms of that certificate on the document of title or deed of transfer of that property or of the relevant portion thereof.

 


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