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| 44 Rectification of title by endorsement |
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44 Rectification of title by endorsement (1) If rectification of title is required in respect of any one piece of land in consequence of a survey or re-survey of such land or of the correction of any error in the diagram thereof under the Land Survey Act, 1927, the registrar may, on written application by the owner of the land accompanied by the title deed and the new or the corrected diagram thereof, any bond thereon and any registered deed of lease or other registered deed whereby any real right therein is held by any other person and the written consent of the holder of such bond, lease or right, endorse on the aforesaid deed a description of the land according to the new or corrected diagram, which description shall supersede the description already appearing in the aforesaid deeds. [Sub-s. (1) amended by s. 18 of Act 43 of 1962 and substituted by s. 5 (a) of Act 92 of 1978.] (2) If a new diagram is produced the registrar shall in making the said endorsement substitute the new diagram for the old one. [Sub-s. (2) substituted by s. 5 (b) of Act 92 of 1978.] (3) The provisions of sub-sections (1) and (2) shall mutatis mutandis apply in respect of a deed of cession or certificate of rights to minerals when the surveyorgeneral has approved a new or corrected diagram in consequence of a survey or resurvey of the land over which such rights operate or for the purpose of correcting any error in the diagram thereof in terms of the Land Survey Act, 1927 (Act 9 of 1927). |
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