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| 73 Exclusion of rights to minerals from partition of land |
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73 Exclusion of rights to minerals from partition of land (1) If in any partition of land held in joint ownership the agreement of partition excludes from partition any rights to minerals in the land, the partition transfers shall set forth that exclusion. (2) If rights to minerals are excluded from partition there shall be lodged with the registrar together with the deeds of partition, a certificate or certificates of rights to minerals in the prescribed form in respect of the rights so excluded and the said deeds of partition shall be made subject to such certificate or certificates and to any other deed under which a share in the rights to minerals is held. [Sub-s. (2) amended by s. 31 (a) of Act 43 of 1962.] (3) The provisions of sub-section (5) of section seventy-one shall apply mutatis mutandis in respect of certificates of rights to minerals issued in terms of sub-section |
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