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| 73bis Partition of rights to minerals |
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73bis Partition of rights to minerals (1) If two or more persons who own all the rights (including ancillary rights) to minerals in and upon any piece or pieces of land, have agreed to partition such rights, the registrar shall, on production to him of notarial deed of partition cession in respect of the aforesaid rights, and on compliance with the further provisions of this section, register the deeds of partition cession conveying to the respective owners the rights to minerals or shares therein awarded to them on partition. (2) In the deeds of partition cession referred to in sub-section (1) there shall be described- (a) the rights to minerals to be partitioned; (b) the share or shares registered in the name of each joint owner; (c) the rights to minerals or share therein awarded to each of the owners; (d) the conditions (if any) affecting the rights or share therein so awarded; and (e) the consideration (if any) given for the purpose of equalizing the partition. (3) There shall also be produced to the registrar the title deeds of the rights to minerals to be partitioned and the necessary diagrams. (4) Subject to the provisions of this section, the provisions of sections 21, 22, 23, 27, 28, 30, 45 and 45bis shall mutatis mutandis apply in respect of deeds of partition cession. [Sub-s. (4) substituted by s. 7 of Act 11 of 1996.] (5) Any deed of partition cession registered under sub-section (1) shall in respect of the rights to minerals therein described take the place of the deed or deeds by which they were previously held, but the partition cession shall not vary or affect the conditions affecting the rights to minerals generally, save in so far as such lastmentioned conditions may be varied, defined or limited by the notarial deeds of partition cession. (6) The provisions of this section shall apply to the partition of rights to minerals registered in different deeds registries. |
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