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37 Conditions governing the issue of certificates of registered title
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37 Conditions governing the issue of certificates of registered title
(1) A certificate of registered title mentioned in section thirty-four, thirty-five or
thirty-six may be obtained upon written application by the owner to the registrar
accompanied, save as provided in sub-section (2) of section thirty-four, by the title
deed of the land and shall be as nearly as practicable in the prescribed form.
(2) If the property concerned is subject to a registered mortgage bond, that bond
shall be produced to the registrar by the holder thereof, upon the request and at the
expense of the applicant for the certificate of registered title.
[Sub-s. (2) substituted by s. 16 (a) of Act 43 of 1957.]
(3) Before issuing any such certificate the registrar shall cause to be made upon the
title deed or deeds in question and the registry duplicates thereof or in the case
provided in sub-section (2) of section thirty-four, upon the registry duplicate only,
and upon the mortgage bond (if any) an endorsement that a certificate of registered
title has, in accordance with the appropriate section of this Act, been substituted for
the said title deed or deeds in respect of the property in question. The registrar shall
further make entries in the registers of the issue of the certificate and shall, if the
property is mortgaged, endorse that fact upon the certificate.
[Sub-s. (3) amended by s. 16 (b) of Act 43 of 1957.]
(4) Any such certificate when issued shall in respect of the property described
therein take the place of the title deed or deeds by which such property was
previously held and the issue of the certificate shall not in any manner affect any
right or obligation in connection with such property.
 

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