Deeds Registry Act
Conveyancing Quote
Property Trusts
Who's Online
We have 7 guests onlineLegal Links
Register Antenuptial
Louwrens Koen Attorneys and Conveyancers
 |
Today | 53 |
 |
Yesterday | 678 |
 |
This week | 1172 |
 |
Last week | 4599 |
 |
This month | 9603 |
 |
Last month | 20710 |
 |
All days | 163517 |
We have: 4 guests, 3 bots online
Your IP: 207.241.228.163
Mozilla 5.0,
Today: Dec 14, 2010
Your IP: 207.241.228.163
Mozilla 5.0,
Today: Dec 14, 2010
| 84 Registration of prospecting contracts |
|
84 Registration of prospecting contracts (1) If the prospecting rights granted under a prospecting contract are granted for a defined period with a right of renewal for any further period, registration of the contract shall be effective for that defined period only: Provided that if the holder of prospecting rights so granted under a registered prospecting contract lodges such contract at the deeds registry before the expiration of the said defined period together with an affidavit in terms of sub-section (2), or within one month after the expiration of the defined period together with the grantor's written consent to such endorsement, the registrar shall endorse upon the register of prospecting contracts and upon the contract and the registry duplicate thereof a statement that the said holder claims to have exercised this right of renewal for the period mentioned in the said affidavit, and the endorsement so made shall, as from the date thereof, be effective notice of the claim to all interested persons, other than the grantor of the prospecting rights, whose written consent to such endorsement has not been produced. (2) The affidavit referred to in sub-section (1) shall be made by the holder of the prospecting rights under a registered prospecting contract or by his duly authorized agent, and shall state that the holder has fulfilled all such conditions of the contract as entitled him to a renewal of the contract and that he has duly exercised his right to renew the same. (3) If at the time when a prospecting contract is tendered for registration the defined period for which the prospecting rights were granted thereunder has already expired but a further period for which there is a right of renewal has not yet expired, the registrar shall upon the application of the person who was the holder of the prospecting rights under such contract and with the consent in writing of the grantor of those rights, register the contract, and the registration shall then be effective in respect of the period for which it is claimed that the contract has been renewed. (4) If a document purporting to be a prospecting contract contains any ambiguity and such document is in the opinion of the registrar liable to be interpreted as constituting a grant or lease of a right to minerals, the registrar may register that document as a prospecting contract if a supplementary document executed by all the parties to the first-mentioned document or by their assigns, or affidavits by such parties, explaining the purport and effect of the prospecting contract are lodged at the deeds registry, and such document or every such affidavit shall thereafter be deemed to form part of the prospecting contract to which it relates. (5) Where, in the circumstances provided for in this section, a prospecting contract has been duly registered in any deeds registry, no further prospecting contract or contracts shall be registered against the title deed or title deeds of the same property or properties in respect of the same mineral or minerals until such time as the duly registered prospecting contract has lapsed by effluxion of time or has been cancelled in terms of section eighty-five or ninety. [Sub-s. (5) inserted by s. 36 of Act 43 of 1957.] (6) For the purposes of this section the grantor of prospecting rights means the person who from the records in the deeds registry appears to be the holder of the rights to minerals in the land in question. |
Louwrens Koen Services
