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| 32 Registration of expropriated servitudes or servitudes vested by statute |
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32 Registration of expropriated servitudes or servitudes vested by statute (1) Whenever any right of servitude or right to minerals over any land has under the authority of any law been expropriated by, or has by statute been vested in, the State, any public or local authority or any corporate body or any association of persons, the registrar shall, upon lodgment with him of a deed of cession in the prescribed form prepared by a conveyancer in favour of the cessionary, execute and register such deed, and if the land or right to minerals is hypothecated, endorse the fact of such cession on the registry duplicate of the bond, and if the original bond is at any time lodged in his office for any purpose except cancellation, he shall make a similar endorsement thereon: Provided that no such cession shall prejudice any claim to compensation which any owner or other person may have as a result of the expropriation or vesting of such servitude or right to minerals. [Sub-s. (1) substituted by s. 4 (a) of Act 61 of 1969.] (2) (a) The cessionary shall produce the title deed of the land or right to minerals to the registrar together with the aforesaid deed of cession and the registrar shall thereupon endorse the cession on such title deed. (b) Failing the production of such title deed, the cessionary shall produce to the registrar an affidavit to the satisfaction of the registrar that he has been unable to obtain possession of such title deed and the registrar shall thereupon endorse such cession on the registry duplicate of such title deed, and if the original title deed is at any time lodged in his office for any purpose, he shall make a similar endorsement thereon. [Sub-s. (2) substituted by s. 4 (b) of Act 61 of 1969.] (3) ...... [Sub-s. (3) deleted by s. 4 (c) of Act 61 of 1969.] (4) The registrar shall not register the said deed unless a certificate has been furnished to him by the cessionary to the effect that the provisions of any law in connection with the expropriation or vesting of such servitude or right to minerals have been complied with, and if it appears from the said certificate that such certificate or right to minerals has been expropriated or vested subject to any existing conditions, the deed shall be registered subject to those conditions. [Sub-s. (4) substituted by s. 4 (d) of Act 61 of 1969.] (5) Immediately after any right of servitude over any land or right to minerals therein has been expropriated, the expropriating authority shall lodge with the registrar a certified copy of the notice of expropriation, two copies of the relevant expropriation plan of the servitude in question, or where the right to minerals in only a portion of the land has been expropriated, two copies of the relevant expropriation plan of such portion, and a certificate describing the land and stating the name, number and administrative district thereof, as well as the full names and surname of the registered owner and the number (consisting of the serial and year number) of the title deed, and the registrar shall cause a note of the expropriation to be made in his registers, and if at any time the original of the title deed or of the title under which the right to minerals in question is held is lodged in his registry for any purpose or application is made for the issue of a certified copy of such title deed or title, he shall cause an appropriate note to be endorsed thereon as well as on the office copy thereof and a copy of the expropriation plan to be annexed thereto as well as to the office copy thereof. [Sub-s. (5) substituted by s. 10 of Act 29 of 1974, by s. 7 of Act 62 of 1984 and by s. 27 of Act 45 of 1992.] (5A) Whenever any right of servitude or right to minerals over land has been expropriated and formal cession of such right of servitude or right to minerals to the cessionary has not been effected, the registrar shall, on written application by the cessionary and the owner of the land or right to minerals, cancel any note of the expropriation in his registers or endorsement on the title deed of the land or the title under which the right to minerals is held, and thereupon the expropriated right of servitude or right to minerals shall vest in such owner. |
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