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| 39 Certificate of registered title to correct error in registration |
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39 Certificate of registered title to correct error in registration (1) If by reason of an error the same land has been registered in the names of different persons, the registrar may, upon transfer of the land being given to one of them by the other or others, issue to the person to whom transfer is so given a certificate of registered title of the land held by him under the various title deeds. (2) Any person who is the registered owner of any one or more defined portions of land under a registered deed reflecting conditions or servitudes which have lapsed by merger duly noted or which have been cancelled, may apply for the issue to him of a certificate of registered title in respect of such land free of such conditions or servitudes. [Sub-s. (2) inserted by s. 17 of Act 43 of 1957.] (3) The certificate of registered title referred to in sub-section (2) shall be in the form prescribed and shall supersede the title under which the land was previously held. [Sub-s. (3) inserted by s. 17 of Act 43 of 1957.] (4) The provisions of section thirty-seven shall mutatis mutandis apply in respect of the issue of such certificate. |
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