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| 75 Creation of praedial servitude by notarial deeds |
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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. [Sub-s. (1) amended by s. 34 (a) of Act 43 of 1957.] (2) ...... [Sub-s. (2) deleted by s. 20 of Act 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. [Sub-s. (2)bis inserted by s. 34 (b) of Act 43 of 1957.] (3) The provisions of sub-sections (2) and (3) of section sixty-five shall mutatis mutandis apply in respect of praedial servitudes. |
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