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| 42 Certificate of uniform title |
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42 Certificate of uniform title (1) If the owner of two or more pieces of land which are( a) contiguous to each other; (b) situate in the same administrative district; (c) registered in the same property register; and (d) held on different conditions of tenure, or subject to different rights reserved in favour of the State, desires to consolidate his title in respect of those pieces of land on uniform conditions of tenure or subject to the reservation of uniform rights in favour of the State, the title deeds of the said pieces of land may, with the written consent of the Minister of Public Works and on compliance with the provisions of this section, be superseded by a certificate of uniform title issued by the registrar, in the prescribed form, subject to such uniform conditions of tenure or to the reservation of such uniform rights in favour of the State, as are set forth in such written consent. [Sub-s. (1) amended by s. 17 of Act 43 of 1962, substituted by s. 7 (a) of Act 3 of 1972 and amended by s. 12 of Act 27 of 1982 and by s. 12 (a) of Act 14 of 1993.] (2) The provisions of sub-sections (3) to (6) inclusive of section forty shall mutatis mutandis apply in respect of such certificate. (3) The Minister of Public Works may agree with the owner as to the aforesaid uniform conditions of tenure or uniform rights in favour of the State, and may consent to the issue of a certificate of uniform title. [Sub-s. (3) substituted by s. 7 (b) of Act 3 of 1972, amended by s. 12 of Act 27 of 1982 and substituted by s. 12 (b) of Act 14 of 1993.] (4) If the said land is subject to any bond or if the said land or any portion thereof is subject to any registered deed of lease or other registered deed whereby any real right in the land is held by any other person, there shall be produced to the registrar the written consent of the holder of any such bond, lease or right to the issue of the certificate of uniform title and to the uniform conditions of tenure or uniform rights in favour of the State, which may have been agreed upon. (5) The provisions of this section shall mutatis mutandis apply in respect of land comprising portions which are held on different conditions of tenure or subject to different rights reserved in favour of the State, and the title to which has been consolidated prior to the commencement of this Act. |
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