ZIMBABWE

Deeds Registries

Act

Chapter 20:05

Revised Edition1996

DEEDS REGISTRIES ACT

CHAPTER 20:05

DEEDS REGISTRIES ACTActs 10/1959, 43/1962, {s. 2), 46//962, 21/1964, (s. 54), 38//964 (s. 25), 9/1968, 6/1971 (s. 69),77//97/. 57/1972, (s. 20). 6//973, 39/1973, (s. 21), 41//974, 12/1976 (s. 87), 5/1979, 8//980.J5/J08/. n//Q1I./, J//QRl IRJ/9R9 {s. /8). 2//991. 23//991; R.O.N.s 801/1963. 214/1964.21711970, 144//973. 1135/1975.

ARRANGEMENT OF SECTIONS

PART IF'kELlh •!NARY

SectionI. Short title.2. Interpretation.

PART IIAOMINISTRAnON

3. Deeds registries.4. Appointment of officers.5, Duties of registrars.6. Powers of registrars,7, Transactions affecting land in both areas defined in Schedule.8, Registered deeds not to be cancelled except upon order of court.9, Inspection of records and supply of information,

PART IIIRElilSIRATlON

Gene-ral Provisions10. When registration takes place.I I. Deeds to follow sequence oftheir relative causes.12, Registration of land or real right in favour of trustee.13. Preparation of deeds.14. How real rights shall be transferred.15. Special provisions relating to women.

PARTlY

REOI:lTI\ATION or LAND

Transfer ofLand16, Transfer of State land.17, Registration of real rights in Slate land.18, Cancellation of title deeds on direction of Minister.I ~, r-orm and manner of execution of deeds of trans fer.20. Particulars required in deed.21. Diagram deeds.22. Necessity for diagrams despite issue of dispensation certificate.23. Transfer from joint estate.24. Transfer of two or more pieces of land by one deed.25. Transfer of undivided shares in land by one deed.26. Special provisions relating to transfer of undivided shares.27. Special provisions relating 10 undivided shares with exclusive right of occupation.28. Transfer to unascertained children.'Q n""r1~ of partition transfer.30. Requisites where share in land partitioned is mortgaged.31. Requisites where share in land partitioned is subject to other rights.32. Effect of compliance with sections 30 and 31.33. Partition of land subject Iojidei commissum.

S"Julitllt"d Title Deeds34. Certi ficate 0 f registered title 0 f undivided share.35. Certificate ofregistered title of aggregate share.36. Certificate ofregistered title of one or more properties held under one deed.37. Conditions governing issue of certificates of registered title.JR. Certificate of reaistered title taking place of lost or destroyed deed.39. Certificate of registered title to correct error in registration.40. Certificate of consolidated title of two or more pieces of land.41. Certificate of registered title of portion of piece of land,

401

DEEDS REGlSlRlES ACf

Rectification ofTitle by Endonement12. Rocti fi_tion 0 f title by endcrsement.43. Transfer or cession by means of endorsement.

PART VBoNDS

Generat Provtstons44. Execution of'bonds.45. Requirementsin case ofbonds intended to cover future advances.46. Cession of bond to secure futureadvances.47. Exclusionofgeneralclause in mortgage bonds.4i. Pll$sing of bonck in favoW' of agents.49. Requirements in case of bonds passed by or in favour ofltwoor more persons.

Rights of MOl"lgagees50. Transferof hypothecated property.5I. Substitutionof debtor in respect of bond.52. Notice by Master in connection with insolvent c51a1c5 flint fUlU1CI I'lUvisiou.s n::1~livt: LO insolvent estates.53. Endorsementofbond after sale in execution.54. Consent ofbond holder to registrationof merger ofrights ofmortgagor.

Notarial Bonds55. Where notarial bond to be registered.

PARTVIRJGHTS IN IMMOVABLE PROPERTY

General56. Restrictionon registration of rights in immovable property.

Servitudes57. Creationof servitudes.58. Requirements for preparation and submissionof deed of servitude.59. Restrictionon registration of certain personal servitudes.60. Cancellationofre,,;istration ofservitude.61. Transfer and mortgage ofland with personalservitude thereon.62. Joint transactions by fiduciary andfidei commissary.63. Certain restrictive conditions to be ofno force and effectand certain alienations,etc.,of property Dot to be invalidon

certain grounds.64. Saleof land on instalments.

Leases65. Registrationof leases and sub-leases.66. Terminlltion of registered lease.67. Where lease to be registered.68. Cessionsof leases andsub-leases.69. No hypothecation ofleases and sub-leases.70. Bonds hypothecating leases or sub-leases.

PARTvn

GENERAL71. Cllll~lhlliun crregtseaaon on lapse ofcenaln n:glsterecl rights.72. Transfer and cession not to be passed as security.73. Transfer of immovable property by executor.74. Transfer duty to be paid beforetransfer.75. Registration of change ofname.76. R9munbfiiDs ofpmpetties.77. Deletion of conditions oftitIe.78. Attestationof powers ofattomey.79. Notice to registrarofapplication to court.SO.. Production of documents in evidence.81. Penalty for false statement in affidavit.82. Substitutedcopy of lost deedsupersedes original whichmust be 9WTendercd on recovery.83. Appeals to Planning Appeals Board.84. Exemption ftom law for acts or omissions in deeds registry.85. Fees ofoffice Dol chargeable in certain cases.86. Formaldefects.37. ReguJations.88. Specialjurisdiction of magistra1e9 courts.

SCHEDULE: Areas ofDeedsRegistries.

[Cbapter 20:05] 408

DEEDSREGIS~SACT 111-3

AN ACT to make provisioll for the establishmeat of deeds registries and for tbe appointment of regilltrars of,deeds and to make further Ind diDerent provision, for the regis1ration of deeds and conventlonal hypothecations;and to makt pl'flvisioll for other matten i.tidental to tbe foregoing.

[Date of commencement: 2nd January, 1960.]

PART I

PREL1MINARY

1 Short title

This Act may be cited as the Deeds Registries Act[Chupter 20.05].

2 Interpretation

In this Act-"conveyancer" means a person registered as such in

tl'_rm~ "fthe Legal Practitioners Act (Chapter 27:07];"court" means the High Court;"deeds relistry" means-

(0) when used in relation to immovable property, thedeeds registry which serves the area in which thatproperty is ~;h'Rti';

(b) when used in relation to any deed or other document,the deeds registry in Zimbabwe wherein that deed orother document is registered or registrable;

(c) when used in relation to II registrar, the deedsreaisnvof which he is in charge;

"diagnm" means a diagram which has been signed by aperson recognized by law as a land surveyor and which hasbeen approved or certified by the Surveyor-General, andincludes a diagram or a copy thereof prepared in theSurveyor-General's office and approved or certified asaforesaid, or a diagram which has at any time before the2nd January, 1960, been accepted for registration in adeeds registryor the Surveyor-Genc.al's office;

"dispellSlltion eertificaw" means a certificate issued bythe Surveyor-General in terms of section 49 of the LandSurvey Act [Chaprer 20: 11];

"geDeral plau" means a plan which represents the rele­vant positions and dimensions of two or more pieces ofland and has been signed by a person recognized by law asa land surveyor, and which has been approved or certifiedlU ~ general plan by the Survoyor-Gcncml, and inoludes 11

general plan or copy thereof prepared in the Surveyor.General's office and approved or certified as aforesaid, or ageneral plan which hasat My time prior to the 2nd January,1960, been accepted for registration in a deeds registry orthe Surveyor-General's office;

"Immovable property" includes any registered lease ofland which, when entered into, was for a period of not lessthan len years or for the natural life of the lessee or anyother person mentioned in the lease, or which is renewablefrom time to time at the will of the lessee indefinitely or forperiods which togelher with the first period amount in all tonot less than tenyears;

"land" includes an undivided share in land;"Iepl prartitioDer" means a person registered as such

in terms of the Legal Practitioners Act [Chapter 27:07];"Muter" means the Master of the High Court or the

Assistant Master of the High Court at Bulawayo;"Minister" means the Minister of Justice Legal and

Plll'liementary Affairs or any other Minister to whom thePresident may, from time to time, assign the administrationofthisAct;

"mortpp bond" means a bond attested by the registrarspecially hypothecating immovable property;

409

" Du....i.1 lJuotl M lllt:lU1S 1I wuu lIilo;slo;d Ly a notarypublic hypothecating movable property generally orspecially;

"notarial deed" means a deed attested by a notary pub­lic, but does not include--\.~ \ II dOQument VoIith a signature whieh is mUlily

authenticated by a notary public; or(b) a copy of a document which has been certified as

con", I by a notary public;"notary pu...lie" means a person registered as such in

'"rmq nf the T"gRI Practiti"ners Act [Chapter 27:07] and.in relation to any document executed outside Zimbabwe,means a person lawfully practising as such in the placewhere the document was executed;

"owner", in relation to immovable property, means theperson registered as the owner or holder thereof andincludes the trustee in an insolvent estate, the liquidator ofa company which is an owner and the representativerecognized by law of any owner who has died or who is aminor or of unsound mind or is otherwise under disabilityso long as such trustee, liquidator or legal representative isacung within !he aulhority wnferreu on him by law;

"real rithl" means any right which becomes a real rightupon registration;

"registered" means registered in a deeds registry;"registur" means a registrar of deeds appointed under

this Act and, when UllC::U in relatlon tu lUly ut:t:lb regisu y,

means the registrar in charge of that deeds registry; and,when used in relation to a document, means a registrar incharge of the deeds registry wherein that document isregistered or registrabIeor intended to be usedor filed;

"rcgi.try dupJieet." me1Util the eounterpart or QOPY of II.

deed consisting of more than one ooPY which is filed orintended to be filed of record in a deeds registry;

"share", in relation to land, means undivided share;",taud or lot" means any piece of land registered as a

~land, lot (>J' plot in a d....ds r-.g;~lry;

"township" includes--(0) an area of land registered in a deeds registry as one

or more pieces of land, either contiguous or in closeproximity to each other, which is being used or isintended to be used or which is being or is intendedto be laid out or divided into sites for residential,business, industrial, building, occupational or similarpurposes, or is intended or destined or likely to beused for any such purpose; and

(b) any township established, approved. proclaimed orotnerwise recognized lIS such under any enactment;

"unalienaled Slate land" means Slate land in respect ofwhich no title deed, other than a certificate of Slate title,exists.

PARTIIADMINISTRATION

3 Deeds reglstrl..(I) There shall be deeds registries at H~ and Bula­

wayo, each to serve its respective area as defined in theSc.Ileclule.

(2) In each of the deeds registries in Zimbabwe existingat the 2nd 1anuary, 1%0, there shall be carried out to

[Chapter 20:05]

.. 3-6 PEEDS REGISTRIES ACT

completion, as if this Act had not been passed, all matterswhiGh, immwilltcly before SUGh dete, wen: pendiug iu ll1wregistry, and each registry mentioned in subsection (I) shalIbe a continuation of the registry existing at the 2nd Janu­ary, 1960, in the area served thereby.

4 Appointment 01officera(I) Subject to the law relating to the Public Service, the

Minister--(a) shall appoint an officer to be styled the Chief

Registrar of Deeds, who shall exercise general su­pervision and direction of the deeds registries inZimbabwe; and

(b) may appoint such regislnlrs of deeds and otherofficers as the Minister deems necessary for the bet­ter carrying out of theprovisions ofthis Act.

(2) Any person appointed in terms of subsection (I)shall, if till:: Minislc:r SO din:cLS, have the power to do anyact or thing which may be lawfully done by a registrar ofdeeds under this Act or any other enactment.

(3) Each registrar shall have a seal of office.

S Dutl.. 01registrarsThe registrar shall, subject to this Act-

(a) take charge of all records which were, prior to the2nd January, 1960, or may become after such date,records of any deeds registry in respect of which hehas been appointed and preserve or deal with suchrecords in such manner as may be prescribed;

(b) examine all deeds or other documents submitted tohim for execution or registration. and after examina­tion reject any such deed or other document the exe­cution or registration of which is not pennitted bythis Act or by any omer law, or to the execution Orregistration of which any other valid objection ex­ists;

(e) register grants or leases of land lawfully issued bythe State and register amendments. renewals ando_lIations of sum leasH anel rel_ of any partof the property leased;

(d) attest or execute and register deeds of transfer ofland and execute and register certificates of title toland;

(e) attest or execute and rezister mortsaee bonds:lIJ register cessions, including cessions made as

security, of registered mortgage bonds and registercancellations ofsuch cessions ifmade as security;

(g) register cancellations of registered mortgage bonds,part payments oftl¥: capilal amount due in respect ofany such bond other than a bond intended to securefuture debts, releases of any part of the property hy­pothecated thereby, or of all such property if the debtis further secured by a collateral bond, releases ofany joint debtor or of any surety in respect of anysum bond, the :substitution of CIIlOthe-r person for II

debtor in respect of any such bond and reductions ofcover in respect of any bond intended 10 secure fu­ture debts;

(h) register waivers ofpreference in respect of registeredmnrtgllge hond.. in favnur nf nth... hono:l!:. """"herregistered or about to be registered;

(i) register waivers of preference in respect of registeredreal rights in land, in favour of mortgage bonds,whetber registered or about to be registered;

(j) register notarial bonds and cessions thereof, includ­ing cessions made as security;

<*) register cancellations of notarial bonds and cessionsthereof if made as security, part payments of the

capital amount due in respect of any such bond otherthw I II. blind inlc:m.l1Ol1 to secure furore debts, releasesof any part of the property hypothecated thereby, orof all such property if the debt is further secured by acollateral bond, releases of anyjoint debtor or of anysurety in respect of any such bond, the substitutionof another persca for a debtor in respeet of any suchbond and reductions of cover in respect of any bondintended to secure future debts;

(l) register waivers ofpreference in respect of registerednotarial bonds in favour of other bonds, whetherregistered or about to be registered.

(m) register antenuptial contracts, such notarial deeds ofdonation, including a donation to be held in trust,and such other deeds having reference to persons andproperty within the area served by the deeds registryin question as lin: required or permitted by law to beregistered;

(n) register any servitude; whether personal or praedial,and record the modification or extinction of anyregistered servitude;

(0) register notarial deeds of lease, sub-lease andcessions or lease or sub-lease of land and notarialdeeds of renewal and also register cancellations ofsuch leases and sub-leases and releases of any part ofthe property leased;

(P) register any real right, not specifically referred to inIhi:> :o=Liuu, WIlJ lilly cesskm, mudifieation or extinc­tionof any such registered right;

(q) register against any registered bond any agreemententered into by the mortgagor and the registeredholder of that bond whereby any terms of that bondhave !Hen varied;

(r) register general plans of stands or lots or of subdivi­sions of land, open registers of the stands, lots orsubdivisions of land shown on such general plansand record ·in such registers the conditions uponwhich the stands. lots or mbdivisions have heen laidout or established;

(s) record powers of attorney whereby the agents namedtherein are authorized to act generally -for the princi­pals granting such powcp. or to ClllT)I out a senes 0 facts or transactions registrable in a deeds registry,and file copies of such powers recorded in the otherdeeds registry which have been certified by the regis­trar thereof;

(t) make, in connexion with the registration of any deedor other document, or in compliance with the re­quirements of any enactment, such endorsements onany registered deed or other document as may benecessary to give effect to such registration or to theobjects of such enactment;

(II) record all notices, returns, statements or orders ofcourt lodged with him in ~nnll of _y law;

(v) remove from his records, with the approval of theMaster and afterthe lapse of five years from the dateof entry in such records, anY' entry made therein,whether before or after the 2nd January, 1960, inrllrsUllnc.e of th" tramm>i~~ion to him of II notiee ofliquidation or an order of Iiquldation or sequestra­tion;

(w) keep registers and make such entries therein as arcnecessary for the purpose of canj'ing out the provi­sions of this Act or any other enactment and ofmaintaining an efficient system of registration calcu­lated to afford security of title and ready reference toany registered deed;

(Chapter zo.osj 410

DEEDS REGISTRIES ACT .. 5-11

and, generally, the registrar shall discharge all such dutiesas by law mayor are to be dlscharge4 by a registrar ofdeeds or as are necessary to give effect to the provisions ofthis Act

6 Powers of registrarsA registrar shall have power-

(a) to require the production of proof upon affidavit orotherwise of any fact necessary to be established inconnection with anymatter or thing sought to be per­formed or effected in his registry;

(b) whenever it is, in his opinion, necessary or desirableto rectify in any deed or other document registeredor filed in his registry, an error in the name or de­scription of any persoII or property mentionedtherein or in the conditions affecting any such prop­erty or in the conditions of any bond, to rectify suchClIUI, lI'ubjC,,",l to tbe following conditions MId Cl(~P­

tions-(i) every person appearing from the deed or other

document to be interested in the rectificationshall have consented thereto in writing;

(ii) if any such person refuses. t(l ....-m...... t 1"",..,1" orhis consent thereto cannot be obtained the rec­tification may be made on the authority of anorderof court;

(iii) if the error is common to two ormore deeds orother documents, including an.>; register in hisregistry, the error shaH be recti tied in all thosedeedsor other documents;

(iv) no such rectification shall be made if it wouldhave the effect oftnmsferring any right;

(v) if the-error recti tied occurred in a notarial deed,he: li1ulIl require nuticc lu be Wven Ur thc I ecu­fication to the notary public concerned or, ifsuch legal practitioner is deceased or hasceased to practise, to the person baving lawfulcustody of his protocol;

(c) to l$$ue, under conditions prescribed -h)' regulAtion.certified copies of deeds or other documents regis­tered or filed in his registry;

(d) if, in his opinion, any deed or other documentsubmitted to him has become illegible or unservice­able or has been altered or tampered with bl' any un­authorized person, to require that a certified copythereofbe obtained to take its place.

7 Transactio... affecting land in both areasdeflned In SChedule

If it i~ eought to:> regi$ler ..imultlUleoU$ trM!NIction$ Af'f'&o.t.ing separate pieces of land situate within both areas definedin the Schedule, the registrars may, subject to the provi­sions of any regulations, by mutual arrangement, effectsuch registration in such manner as may be found expedi­ent.

e Registered deeda not to be cancelkKI exceptupon order of court

(I) Save as is otherwise provided in this Act or in anyother enactment, no registered deed of grant. deed oftnuul fer, certificate of title OJ' other deed C'Of1ferring Orconveying title to land, or any real right in land other than amortgage bond, and no cession of any registered bond DOtmade as security, shall be cancelled by a registrar exceptuponanorderof court.

(2) I IIV"' the cancellation of any deed pursuant to anorder of oourt-(a) the deed under which the land or my real right in

land was held immediately prior to the registration of

411

the deed which is cancelled shall be revived to theextent or such cancellation unless a court orders oth­erwise; and

(b) the registrar shall make the appropriate endorse­meats on the relevant deeds and entries in the regis­ters.

9 lnapectlon of records and supply ofInformation

K registrar shall, on conditions prescribed and uponpayment of the prescribed fees under this Act or any otherenactment, permit any member of the public to inspect thepublic registers and other public records in his registry, andto make copies of those records or extracts from thoseregisters and to obtain such other information concerningdeeds or other documents registered or filed in the registryas prior to the 2nd January, 1960, could be made orobteincd,

PARTlTIREGIstRATION

GeneralProvisions10 When regl..ratlon taka place

(I) Deeds executed or attested by a registrar shall bedeemed to be registered upon the affIXing of the registrar'ssignature thereto:

Provided that no such d-.d which is one of A hlttch ofinterdependent deeds, intended for registration together,shall be deemed to be registered until all the deeds of thebatch have been signed by the registrar.

(2) If by inadvertence the registrar's signature has notbeen affixed to a deed at the time at which the si2Datureshould have been affixed in the ordinary course, theregistrar may affix his signature thereto when the omissionis discovered, and the deed shall thereupon be deemed tohave been registered at the time at which the signatureshould have been affixed.

(3) All endorsements or entries made on title deeds or inregisters in ceneexion with the registration of any deedexecuted or attested by a registrar shall bedeemed to havebeen effected'simultaneously with the registration of suchdeed, although in fact they may have been made subse­quent thereto.

11 Deeds to follow l8quence of their relativec:aU8ft

(I) Save asotherwise provided in this Act or asdirectedby the oourt-(0) transfers of land and cessions of real rights therein

shall follow the seq~c. v:::',; successive Iransac­nons in pursuance of which they an: made, and ifmade in pursuance of testamentary disposition orintestate succession they shall follow thesequence inWhich the right to ownership or oUler real right in tileland accrued to the persons successively becomingvested with such right;

(b) it shall not be lawful to depart from any suchsequence in recording in any deeds registry any~ in tho owncrahip in Nch IIIIld or of auch rcDiright unless the registrar is satisfled that the circum­stances are exceptional and has consented to suchdeparture:

Provided that-(i) if the IlI'OJ)erty has passed, in terms of a will or

through intestate sua:ession, from a deceasedperson to his descendants, and one or other ofthose descendants has died a minor and

[Chmu 20:05J

.. '1-17 DEEDS REGISTRIES ACT

intestate and no executor has been appointed inhis estate, ttansfer or cession o( the propertywhich bas vested in that descendant may bepassed by the executor in the estate of thedeceased person direct to the heirs ab intestatoof the descendant;

(i i) if the registrar i,:, satisfied that the value 0 r theimmovable property which has vested in anyheir or legatee in terms of a will or through in­testate succession would be equalled or ex­ceeded by the costs involved in transferring orceding it to the heir or legatee. and the heir orlegatee bas sold the property, transfer or ces­sion thereofmay , with the consent in writing ofthe heir orlegatee, be passed by the executor inthe estate of the deceased person direct to thepurchaser;

(iii) if in the administration and distribution of theestate of a deceased person-

(a) a redistribution of any of the assets in such estatetakes place; or

(b) a redistribution of any of the assets in such estate andmovable property not funning part of such eSUIlewhich is introduced for the purpose of equalizing thedivision takesplace;

the executor of such estate may transfer theland or cede the real rights therein direct to the"pereon .ntitl.d th~to in tllnns of sueh redis­tribution;

(iv) if a fiduciary interest in any land or real righttherein terminates before transfer of the land orcession of the real right has been registered infavour of the fiduciary, the land or real righttherein may be transferred or ceded, as the casemay be, direct to the fidei commissary;

(v) if the right of any person to claim transfer ofany land or cession of a real right therein fromany other person has been vested in any thirdperson in terms of a judgment or order of anycourt or in terms of a sale in execution heldpursuant to any such judgment or order, trans­fer of the land or cession of the real righttherein may be passed direct to such third per­M)11 by the person agGinn whom the: right toclaim transfer or cession was exercisable.

(2) Prior to the registration of any lransfer or cession interms of paragraph (b) of and the provisos to subsection(I), there shall be paid the stamp duty, estate duly and anyother such duty which would hove: been p/lyllblc had the:land been transferred or the real rights been ceded to eachperson successively becoming entitled thereto.

12 ReglstraUon of land or reel right In favour oftru....

When any land or real right therein or a notarial bond isor has been registered or recorded in favour of a trustee inhis capacity as such, such registration or recording shall besufficient to vest successors in office of that trustee withthe ownership of such land or real right or the rights undersuchnoUlrlaJ bond.

13 Preparation of deeds(1) No deed of transfer, certificate of title, mortgage

bond, other than a mortgage bond intended 10 be registeredas security for a loan or advance referred to in narazraoh(c) of subsection (I) of flection forty-four cession of amortgage bond, agreement referred to in paragraph (0) ofsection five or consent mentioned in subsection (I) of

sectionfifty-one shall be attested, executed or registered bya regtsuar unless it nas been prepared by II notary public.

(2) Subsection (I) shall not apply to a title deed issuedin terms of paragraph (d) of subsection (2) of section 41 orsubsection (2) or (3) of section 56 of the Regional, Townand Country Planning Act [Chapter 29:12] which shall beJ.ll';;plll ed by II J cgi8luu .

14 How real rights shall be tranaferradSubject to this Act or any other law---

(a) the ownership of land may be conveyed from oneperson to another only by means ofa deed of transferexecuted or attested by a registrar;

(b) other real rights in land may be conveyed from oneperson to another only by means of a deed of cessionattested by a notary public and registered by a regis­trar:

Provided thai attestation by a notary public shall not benecessary in respect of the conveyance of real rightsacquired under a mortgage bond.

15 Special provisions relating to women(I) A married woman shall be assisted by her husband in

execating any deed or document required or permitted tobe-(a) registered in any deeds registry; OT

(b) produced in connection with any deed or documentreferred to in parawaph (a);

if, by virtue of her mamage, she has no legal capacity to ­execute such deed or document without the assistance ofher husband.

(2) A registrar shall record the change of marital statusand any consequent change of name nf a woman in a deedor document tiled III the deeds registry on wntten applica­tion by such woman accompanied by the relevant deed ordocument and proof to his satisfaction of such ,~&IJge ofmarital status.

PART IV

REGISTRAnON OF LAND

Transfer ofLand

16 Transfer of State land(I) n.". O"""'nlhip of-

(a) unalienated State land held under a certificate ofState title referred to in subsection (2) of section sell­emeen shall be transferred only by deed of transferexecuted under proper authority;

(b) any other unalienated State land shall, subject to theprovisions of subsection (2), be transferred only by adeed of grant issued under proper authody andhaving II diagrarJ\ of tile land annexed thereto.

(2) It shall not be necessary to annex to a deed referredto in paragraph (b) of subsection (I) a diagram of any landif a dispensation certificate has been issued in respect ofthat land and the deed contains a reference to the generalplan on which that land is represented.

17 Registration of .real rl,~ts In State land(I) No deN! purporting to create or deal with or di"l"'--""

of any real right in any unalienated State land, other than adeed of grant, shall be capable of registration until II

certificate of State title has been issued in respect of thatland in terms of'subsection (2).

(2) If any unalienated State land bas been surveyed andis represented on a diagram, a registrar shall, upon writtenapplication by the Minister accompanied by the diagram ofthe land in duplicate, enter the particulars of tile land in the

[Chapter 20:05] 41?

DEEDS REGISTRIES ACT .. 17-24

appropriate registers and execute in the prescribed formand in lICWnlluu,X:: with tho;: diagram Il certificate of Stale;title:thereof prepared by a conveyancer.

(3) If, in relation to any State land, a dispensation cer­tificate has been issued, a registrar shall, upon writtenapplication by the Minister, enter the particulars of the landiu- the lIpplUvJialJ:; registers and execute in the prc:3Cribedform a certificate of State title: taereofprepared by a notarypublic and containing a reference to the general plan onwhich the land is represented.

18 C8ncelll"lon of tlt58 deed. on direction ofMlnl..er

(I) Subject to the provisions of this section, the appro·priate Minister may direct a registrar to cancel the title deedof any land-(0) owned by the Slate under title deed; or(b) in respect of which the Sme has the righl w chum

transfer; and the registrar shall comply with such di­rection.

(2) Before a direction in terms of subsection (I) isgiven-(0) the appropriate MInISlCl" shatl-

(i) give notice in terms of subsection (3) of hisintention to give such direction; and

[ii) consider every objection lodged in accordancewith the notice given in terms of subsection(3); and

(b) the necessary steps shall be taken to extinguish everyservitude or other encumbrance registered over theland concerned.

(3) A notice referred to in parngraph (0) of subsection(2) 3hll11(0) be published once in the Gazetteand once a week for

three consecutive weeks in a newspaper circulatingin the district where the land concerned is situated;and

(h) 'lIate that the appropriate Minister proposes to directa registrar of deeds to cancel the title deed eon­cerned; and

(c) describe the land concerned, the district in which theland is situated and the number of the title deed ofthe land; and

(d) call upon any person who has any objection to theproposed cancellation to lodge his objection in writ­ing with the appropriate Minister within thirty daysof the date of the last publication of the notice interms ofparagraph (a).

(4) Upon the cancenauon of a title deed of any land interms of subsection (I) the land shall become unallenatedStale land and the necessary entries and endorsements inthe records of the deeds registry concerned shall be made.

(5) In this scction­"appropriate Minister" means--

(a) the Minister empowered to deal with the land inquestion; or

(b) a Vice-President, where thai Vice-President isempowered to dealwith the land in question;

as the ClIlie mllY be.

19 Form and manner of execution of deeds oftl'llnsfer

Deeds of transfer shall be prepared in the fonn pre­scribed by law or by regulation or in such other form as theregistrar may in each case approve, and, save as in this Actor anyother enactment provided or as ordered by the courtin respect of deeds of transfer executed by the registrar,

413

shall be executed in the presence of the registrar by theowner of the laad deseribed or by ill notuy public author­ized by power of attorney by the owner, and shall beattested by the registrar.

20 Particullll'8 required In avery deadEvery deed confening title to land shall contain the

following particulars in addition to the description and areaof the land concerned-(a) the date and number of the grant, transfer or other

title to which------(i) if such be the case, the diagram of the land is

annexed or relates;(ii) if such be the case, the diagram of the land

would. bUI for the issue of a dispensation cer­tificate, be annexed or related;

(b) if a dispensation certificate has been issued inI espect of the IMd, II refcrcncc to the general planconcerned;

(c) the name of the person in whose favour the: grant,transfer and other title deed referred to in pilt'agraph(0) was made;

(d) the date and nloUnber of the grant, tra/1~fet or. othertitle by which the land is held;

(e) the special conditions, if any, contained in the titledeed from which the land is being transferred.

21 Diagram dead.(1) No portion or any piece ot land shall be transferred

except upon a diagram thereof and reference shall be madeto that diagram in thedeed.

Provided that no diagram shall be required if a dispensa­tion certificate has been issued in respect of the landconcerned buL in such event the deed shall conlll1n areference to the general plan in which the land is repre­sented.

(2) No deed of grant or transfer or other title shall havemore than one diagram annexed thereto.

(3) Only the piece of land described in the diagramannexed 10 a deed of grant or transfer or other title shall beincluded in such deed.

22 Necessity for diagram. delpite laue ofdlllplirwatlDn certlfleata

Where a dispensation certificate has been issued in re­spect of any land, no subdivision of that land and noregistration over thai land of a real right which is definedon a diagram shall be registered unless a diagram of thatland is annexed ill the title deed of that land. and upon suchregistration the regish-~· ,,:\11 ..:n":orse upon that title deed areference to such diagram.

23 Transfer from lo1nt aat8teIn any transfer lodged in a deeds registry relating to land

which ls an lllllic:t in 1I juinl QLtll.I:, LIIl.~w ¥ i ¥ illg ~POu.K shellbe joined in his personal capacity witil tile executor of theestate of the deceased spouse except-(a) where the executor is only dealing with the share of

the deceased spouse; or(b) wh..... the land. h"" been sold to pay the debu of th..

joint estste; or(c) where there has been a massing of the joint estaU:

and tJle surviving spouse has adiated.

24 ,Transfer of two or more places of land by onedeed

(I) Where two Or more persons each own a differentpiece of land, transfer of such pieces ofland to one or more

[Chapter 20 :05I

.. 24-27 DEEDS REGISTIUES ACT

persons by the same deed of transfer shall not be effectedunless such tronsfer is authorized by I1Il order of court.

(2) Subject to the provisions of section twenty-one, twoor more pieces of land may be transferred by one deed byone person or by two or more persons holding such piecesof land In undivided shares, to one person or two or moreperoorw acquiring such pieces of Iand in undivided shores,if each piece of land is described in a separate paragraph.

25 Tranlfer of undivided shares In land by onedeed

(I) Land held by one person may be transferred by onedeed from that person 10 two or more persons in undividedshares.

(2) Land held by two or more persons in undividedshares may be transferred by one deed from those personsto anyone of them or to two or more of them in undividedshares or to any other person, or to' two or more otherpersons in undivided shares.

(3) Where a piece of land is transferred by separatedeeds of transfer in undivided shares the registrar shallrequire to be affixed to one of such separate deeds stampsor the value which would in law be necessary if the landhad been transferred by one and the same deed.

(4) No further or other stamps or fees, except a registra­tion tee, shall be payable, but the registrar shall endorseupon each of the other separate deeds a note that the saiddeed so endorsed shall be regarded as fully and completelystamped according to law.

26 Special provi81oMl relating to transfer ofundivided shires

(I) NI) lTlIfl5fer of an undivided share in land which i~

intended or calculated to represent or purports to representa defined portion of land shall be capable of being regis­tered.

(2) Ifa piece ofland is owned by two or more persons inlIndividPrl. ~h......~ ..nd one or mono of such p"""""" a"quiresthe share or shares of the remaining owner or owners in adefined portion of that piece of land, all the owners jointly,including the owner or owners acquiring the share orshares, may transfer such portion to the person or personsacquiring it.

21 Special provision. rel..lng to undivided shar..with pc!uslve right of OCCUptdion

(I) Subject to the provisions of this section, if-(a) the owner of a piece of land in an urban area wishes

to transfer to one or more~3 an undivided mMC

in the land coupled with an exclusive right of occu­pation; or

(h) two or more persons who own by separate title deedundivided shares in a piece of land in 51. urban areawish III assign to the owner or own ...... of ....ch suchshare, in conjunction with the undivided share, anexclusive right ofoccupation;

Ihe owner or owners, as the case may be, shall registeragainst the title to the land concerned a notarial deedwhich---

(i) specifies the number of undivided sharescreated or to be created which will be coupledwith an exclusive right of occupation; and

(ii) clearly indicates which buildings or portions ofany building erected or to be erected on theland concerned, enner wnn or wlmoul any areaof ground, shall be subject to an exclusive rightof occupation; and

[Chapter 20;05] 414

(iii) clearly indicates by means of distinctivenumb<;;r3 which m4rC3 referred 10 iu .ul>plU ll­

graph (i) are coupled with which buildings orportions of a building referred to in subpara­graph (ii); arid

(iv) defines the reciprocal rights and obligationsapplicable to the owners of the undivjdedshares; and

(v) provides for the administration and mainte­nance of the land concerned and buildingsthereon and the liability for rates, expenses andcharges relatingthereto; and

(vi) subj eCI to subsection (3), provides for themanner in which the notarial deed may beamended.

(2) The provisions of a notarial deed registered in termsof suhsection (I), as "",,,oded from lim .. In lim .. , shall h",binding on all owners of undivided shares in the landconcerned and on their successors in title.

(3) A notarial deed registered in terms of subsection (1)may be amended from time to time by further notarial deedin accordance with the pmvi~inns thereof ....f .......tI In insubparagraph (vi) of subsection (I):

Provided that-(i) subparagraph (vi) shall not be construed as authoriz­

ing any amendment the effect of which would be to~ Iter the number 0 r undivided I; hares in land origi­nally created which are coupled with an exclusiveright of occupation unless the land concerned hasbeen further sub-divided in terms of the Regional,Town and Country Planning Act [Chapter 29:12J orany other enactment;

(ii) no such amendment shall beof force or effect until ithas been registered.

(4) Where an undivided share in land sucb as is referredto in subsection (I) is coupled with an exclusive right ofoccupation--(a) they shall be dealt with as one entity and the undi­

vided share and the exclusive right of occupationshall not be capable of being registered separately;and

(b) they may nol al any time be held by virtue of morethan one title deed; and

(c) the exclusive right of occupation shall constitute areal right in the land.

(5) Where the share of a co-owner of an undivided sharein land such as is referred to in subsection (I) which iscoupled with an exclusive right of occupation is trans­ferred-(0) the deed relating to the transferof such share shall be

registered in the names of the new co-owner and ofthe remaining co-owners; and

lo) It shall not be necessary tor the remaining co-ownersto join in the passingof transfer.

(6) Undivided shares in land such as are referred to insubsection (I) which are coupled •vith an exclusive right ofoccupation shall not be regarded as subdivisions of the landconcerned tor the purposes 01 tlle Regional, Town andCountry Planning Ah [Chapter 29:12] or any otherenactment.

(7) A notarial deed-(0) such as is referred to in subsection (1), may not be

registered in respect of any land which is hypothe­cated under a registered mortgage bond unless theconsent in writing, signed by the holder of such

DEEDSREG~~SACT .. 27-31

bond, to the registration of the notarial deed isI'IUUUU::U to the 1el';i~l.I w , 01

(b) which amends a notarial deed that is registered interms of subsection (I) in respect of any land whichis hypothecated or an undivided share in which ishypothecated under a registered mortgage bond, maynot be registered unless the consent in writing,signed by the holder of such bond, to the registrationof the nolarial deed is produced to the registrar.

(8) In this section-s-"exclusive right of occupation", in relation to an undi­

viUl:U shwl: ill 1I I'ie~ ur Iwul ill an urban W"C4, means theright of the owner of that undivided share 10 occupy, 10 theexclusionof every other owner ofan undivided share in theland concerned, a specific building or pari of any buildingon the land concerned, either with or without any area ofground;

"urban area" means->(a) any township; and(b) any area which is declared by the Minister, by

statutory instrument, to be an urban area for the pur­poses (If this section,

28 Transfer to unucertalned children(I) If land is donated or bequeathed to the children born

or to be born of any person or of any marriage, transfer ofthe land on behalf of such children may be passed, in thecase of children born or to be born of a person, to thatperson and, in the case of children born or to be born of amarriage, to the person who would be the natural guardianof those children during their minority.

(2) If land is donated to the children born or to be bornof any person or of any marriage, the person to whomtransfer may be passed in terms of subsection (I) may, forth~ PUfP05eS of'suehtransfer, accept the donation.

(3) When the identity of all such children has beenestablished the registrar shall make an endorsement on thetransfer deed setting out their names, whereupon thetransfer deed shall be deemed to be to and in favour of suchchildren in the same manner as if the transfer had originallybeen passed to them by name.

29 Deeds of partition tranafer(I) If two or more persons who own in undivided shares

the whole of any piece or pieces of land have agreed topartition that land, the registrar shall, on production to himof a power of attorney by such persons autnorizing thepassiml: of deeds of partition transfer of such land inaccordance with the agreement of partition, which agree­ment shall be embodied in the power of attorney orannexed thereto, and on compliance with the furtherprovisions of this section, attesl deeds of partition transferwhich shall be as nearly as practicable in the prescribedform, conveying to me respective owners the land or snaresthereinawarded 10 them underthe said agreement.

(2) In the power of attorney or agreement of partitionreferred to in subsection (I) there shall be described-(a) the land to be partitioned; and(b) the share or shares registered in the name 01 each

joint owner; and(c) the land or share therein awarded to each of the

owners and(<1) the conditions, if any, affecting any land or share

therein so awarded; and(e) the consideration, if any, given for the purpose of

equalizing the partition.

415

(3) There shall also be produced to the registrar the titledeeds 0 f the land to be parti tioncd... and the necessarydiagrams, bUI no new diagram need be produced in respectof the whole or remaining extent of any of the pieces ofland to be partitioned.

(4) Subject to this section, sections nineteen, twenty,twenty-one, l wenty-three; twenty-four and twenty-five shallapply, mutatis mutandis, in respect of deeds of partitiontransfer.

(5) Any deed of partition transfer attested under subsec­tion (l) shall, in respect of the land therein described, takethe place orthe deed or deeds by which it was previouslyheld, but the partition transfer shall not vary or affect theconditions of tenure of the said land or any conditionsimposed under any law or any other conditions affectingthe said land generally, save in so far as such last­mentioned condilinn~ may he varied, defined or limited hythe agreement of partition or the consents of the interestedparties.

(6) This section shall apply, mutatis mutandis, to apartition of land ordered by the court or detennined by anaward 0 f arbitrator.;

30 Requisites where shire in land partitioned Ismortgaged

(I) If the share or shares owned by any of the parties toa partition are mortgaged. the partition transfers shall notbe anested unless the bond Is prodyced to the registrar,together with the written consent of the legal holder of thebond to the partition and 10 the substitution of the landawarded on partition to the mortgagor for the share orshares mortgaged.

(1) In registering the transfer, the registrar Sha1l-(a) endorse on the bond that the land awarded to the

mortgagor has been substituted for the share orshares mortgaged; and

(b) make an entry 0 f the substitution in the regis ters; and(c) endorse on the transfer that the land descnbed

therein is, in accordance with this section, mortgagedby the bond.

(3) If only a fraction of the share or shares owned byany of the parties to a partition is mortgaged, the substitu­lion referred to in this section shall only take place inrespect of the fraction so mortgaged, if from the agreementof pariition or from other evidence it appears that a definedportion or share therein has been separately awarded inrespect of such mortgaged fraction.

(4) Where more thanone property is parunonec by mesame partition and the whole of anyone or more of theproperties affected is awarded to an owner, such propertyor properties may be substituted under that owner's bond, ifthe bond is over his share in all the properties partitioned.

31 Requlsltu Where share In land partitiOned ISSUbject to other rights

(I) If the share or shares owned by any of the parties toa partition appear from the title deeds 0 f the Iand parti­tioned to be subject to a lease, personal servitude or realright, the written consent of the holder thereof, togetherwith the deed, if any, by which the lease, servitude or realright is held, shall be produced to the registrar.

(2) The land described in the deeds of partition transfershall be made subject to the lease, servitude or real right, tothe same extent as the share or shares lor which it issubstituted, and the deed, if any, by which the lease,servitude or real right is held, shall be endorsed hy the

[Chapter 20:05)

•• 31.-37 DEEDS REGISTRIES ACf

registrar in the same manner as the bond mentioned insecti on thirty.

(3) If there exists any bond by which the lease, servitudeor real right is itself mortgaged, that bond shall also beproduced to the registrar, together with the vmuen consent\3ftM legal lmldet thereof, and the tegistr\U' shan make theendorsements and entries mentioned in section thirty on thebond and the deeds concerned and in the registers.

32 Effect of compliance with NCtions 30 and 31Upon completion of the endorsements and entries men­

tiQUl;;d in sections thirty and thirty-one the land dcacribed inthe deeds of partition transfer, and the lease, personalservitude or real right, if any, shall be deemed as fully andeffectually mortgaged as if they had been hypothecated bythe bond at the time of its execution, and the said land shallh" t1t'1emedtn he as fully and effectually encumbered by thesaid lease, personal servitude or real right as if it had beenen CUI1\bered thereby at the time of the registration thereof.

33 Partition of land SUbject to fidei commissum(I) Any piece of land, the whole or any share of which

IS subject to a fidel commissum, may, where partition hasnot been prohibited, be partitioned on production-s-(a) where the fidei commissary heirs are ascertain.ed­

(i) of the written consent of those who are majorsand otherwise competent;

(u) of the wntten consent of the trustees, curatorsor other legal representatives of those who reospectively have been declared insolvent or areu. ler curatorship or otherwise under disability;

(VI Where the fidei commissary heirs or successors areHul ascertaiued UI where they cannot be; found, ofproof \0 the sa\isfacticn of the registrar that the landawarded in the agreement ofpartition to the owner ofany share subject to the fidei commissum is anequivalent of that share,

(2.) The land su awarded shall, in the d"oJ uf j.RUtitiolltransfer, be made subject to the fidei commissum in thesame manner as the corresponding share was in its titledeed made subject thereto before partition.

Substituted Title Deeds

34 certificate of reglslered title of undtvlded share(I) Any person who is the joint owner ofa piece ofland,

the whole of or shares in which is or are held by suchperson and others under one title deed, may, subject 10 theprovi:;iorul of ooetion tniny-five, obtain a oertificate ofregistered title of his undivided share in such land, and notransfer of a fraction only of his undivided share or hy­pothecation or lease of the whole or any fraction of hisundivided share in the land shall be registered in a deedsre2isln' unless a certificate of rezistered title of suchundivided share i~ produced to the registrar;

Provided that all the joint owners so holding under onetitle deed may together transfer an undivided share in theland or a fraction of the share held under such deed orhypothecate or effect the registration of a lease of thewhole of such land or share without the production of sucha certificate.

(2) If the title deed under which land is, or shares thereinare, held in joint ownership is lost or destroyed, any jointowner may. upon compliance with the prescribed require­meats, obtain a certificate of registered title in respect 0 fhis share in the land without obtaining a certified copy ofthe deed which has been lost or destroyed.

(3) The provisions of subsections (I) and (2) shall applyalso where two or more pieces of land or Shares therein areheld in joint ownership by the same title deed, but all thepieces of land or the shares therein shall be included in thecertificate of registered title and shall be described ins~arat.ep~_

(4) TIle i,,'vlsions or 'ni~ section shall not apply inrelation to an undivided share in land such as is referred 10in subsection (I) of section twenty-seven which is coupledwith an exclusive right of occupation as defined in subsec­tion (8) of that section.

35 certificate of registered 1hle 0I'9gregal8 .nare(I) Any person who is, by virtue of more thanone title

deed, the owner of undivided shares in one or more ibanone piece of \an~ may, subject 10 Ihe provisions of sectionthirty-seven, obtain a cenificateeofregistered title in respectof nis aggregate Shares in the land, and If mere are tWO ormore pieces of land the several pieces of land or sharestherein shall be described in separate paragraphs.

mThe provisions of subsection (I) shall not apply inrelation to an undivided share such as is referred to inSUbsection (I) of section IWt'IJIy-seven wllh.:h is coupledwith an exclusive right of occupation as defined in subsec­tioo <-8) \,){ that ~ctiI.'lt\.

36 Certificate of reg'-lered tHIe of oneor moreproperties held under one deed

(I) Any person who holds two or mort pieces of land, orundivided shares therein, by one title deed may, subject tothe provisions of section thirty-seven, obtain a certificate ofregistered title in respect of one or more of such pieces oflandor of the undivided share or shares held by him thereinif 8' least one of the pieces of land or the share tnerein heldby ~h d«.d~htk\ ~'o).

(2) Subsection (1) shall not apply in relation to an undi­vided share such as is referred to in subsection (I) ofsection twenty-seven which is coupled with an exclusivengm of occupatiun as deflm:Li in subsection (3) of I1ll1.tsection.

37 Conditione gov&rmng IlIue of certificates ofregistered tlUe

( 1) A certificate of registered title mentioned in sectionthirty-four, thirty-five or thirty-six may be obtained uponwritten application by the owner to the registrar accompa­nied, save as provided in subsection (2) of section thirty­four, by the title deed of the land, and shall be as nearly aspracticable in the prescribed form,

(2) If the property concerned is subject to a registeredmortgage bond or to any registered deed of lease or otherregistered deed whereby any real rights in the land are heldby other persons; that bond or other deed shall be produced\.0 \het~\war \ry tM~~f~ '.hen.tt.~\ "IlI'IIi.II.l the: l;;Apl:Illil: vf the avpliclUll fOJ Lire certificetc of regis­tered title.

(3) Before issuing any such certificate the registrar shallcause to be made upon the title deed or deeds in questionand the registry duplicates thereof or, in the case referred toin subsection (Z) of section thi.-ty-jOWT, upon the rcSiGtryduplicate only, and upon the mortgage bond or other deed,if any, an endorsement that a certificate of registered titlehas, in accordance with the appropriate section of this Act,been substituted for the said tille deed or deeds in respectof the property in question. The reeistrar shall further makeentries in the registers of the issue of the certificate andshall, if the property is mortgaged, endorse that fact uponthe certi ficate.

[Chllf>l"'" 10,05] 416

DEEDS REGISTRIES ACT .. 37-'0

(4) Any such certificate when issued shall, in respect oftho property deseri bod therein, take the p 1BQc> 0 f the titledeed or deeds by which such property was previously held,and the issue of the certificate shall not in any manneraffect any right or obligation in connexion with suchproperty.

38 certificate 01 registered title taking piece of loe'or dlltroyed deed ,

(I) If the title deed of any land has been lqit or de­stroyed and the registry duplicate of such title deed has alsobeen lost lost or destroyed, the registrar shall, on writtenapplicetion by the owner of the land, Ilcc ompanicd by Il

diagram of the land, if no diagram thereof is filed in theregistry or in the office of the Surveyor-General, execute acertificate of registered title in respect of such land inaccordance with the diagram ofthe land.

Pn,)vidcd that, where II. dispeusetiou certificate has beenissued in respect of the land concerned, a diagram of thaIland shall not be required.

(2) Before issuing the certificate the registrar shall, althe expense of the applicant, publish in the prescribed formnotice of intention to issue the certificate in two consccu­tive ordinary issues of the Gazette and in two consecutiveissues of a newspaper circulating in the district in which theland is situate.

(3) A draft of the proposed certificate and a.copy of thediAgnlm, if lUly, llCoxnnpQJtying the application, shall beOpen for inspection in the registry free of charge by anyinterested person for a period of six. weeks after the date ofthe first publication of the notice in the Gazette, duringwhich period any person interested may object to the issueof the rerti flcate,

(4) Any person who has lodged with the registrar anobjection to the issue of the certificate may, in default ofany arrangement between him and the applicant, apply tothe court within one month after the last day UJXlIl which anobjection may be lodged, for an order prohibitine:theregistrar from ~suing the certificate, and the court maymake such order on the application as it may deem fit.

(5) A certificate of registered title issued under thissection shall be lIS nearly lIS practicable in the prescribedform and shall take the place of the lost or destroyed titledeed and shall embody or refer to every condition, servi­tude, bond, lease or other encumbrance which, according tothe records of the registry, was embodied or referred to inthe lost or destroyed title deed or in any endorsementthereon.39 certlflcet8 of registered title to correct error In

registration

(I) lfby reasonofan error the same land has been regis­tered in the names of different persons, the registrar may,lIpnn tnlnIlfer nfthe land heing made to nne of them hy theother or others, issue to the person to whom transfer is sogiven a certificate of registered title of the land held by himunderthe various title deeds.

(2) Section thirty-fiv« shall apply, mutatis mutandis, inrespect ofthe issue of such certificate.

40 certlflcet8 of consolidated Utle of two or morepieces of land

(I) If a diagram has been framed and approved underthe provisions of the Land Survey Act (Chapter 20: 12], andsuch l11agram represems two or more pieces of land which~

(a) contiguous to each other; and

417

(b) owned by the same person or by two or more personsin the seme undivided sharea in eneh such piece ofland; and

(c) situate wholly within one of the areas defined in theSchedule;

the title deed or deeds of the said pieces of land may, oncompliance wilh the requirements of thi. ~""I;nn lindsubject to the provisions of Part VI of the Regional, Townand Country Planning Act [Chapter 29: /2] be supersededby a certificate of consolidated title issued by the registrarin the prescribed form.

(2) Every such certificate shall he in accordance with thenew diagram and shall be issued on written application bythe owner or owners of the pieces of land concerned. Everysuch application shall be accompanied by the title deed ordeeds under which he or they hold the land, together withthe diagram deeds tJlereof, unless a dispensation certificatehas been issued which relates 10 the land concerned; (or inthe event of the 105:1 or destruction of such diagram deedshe or they shall satisfy the registrar of the fact), any bondthereon and any registered deed of lease or other registereddeed whereby any real right in the land is held by any otherpcr:lon, together with the written consent of thc holder ofany such hond, lease or right.

(3) In registering the certi ficate the registrar shall en­dorse on the title deed or deeds that they have, in respect ofthe land described in thecertificate, been superseded by thecertificate, end on the certificate thaI the hmd thereindescribed or the share thereof referred to in such endorse­ment is mortgaged by such bond or subject to such lease orright, unless this appears from the certi ficate itself andshall make such endorsements on the bond or other deedand such entries in the Tellisters as shall clearly indicate thatthe land is now owned by virtue of the certificate and thatthe land or such share thereof is subject to such bond, leaseor right.

(4) If portion only of the land represented on the newdiaeram is mortzazed or if different nortions of such landare mortgaged under different bonds, the certificate maynot be issued unless the bonds are cancelled;

Provided that on the written application of the owner andwith the written consent of-(u) the mortgagee: or(b) where different portions of land are mortgaged under

different bonds, the mortgagees and their writtenagreement as to the order of preference of theirmortgage bonds afterconsolidation of the land;

the certificate may be issued subject to the bond or bondsand 11.11 the land included in the new diagram may besubstituted for the land originally mortgaged under thebond or bonds.

(5) If portion only of the said land is subject to any'registered deed of lease or other registered deed other thana bond, whereby any real right in the land is held by anyother person, the certificate shall not be issued unless adiagram of such portion is already annexed to the saidregistered deed, or if no such diagram is so annexed, unlessa diagram il,1 duplicate (or triplicate if required by thercgistrer] ofsuch portion is produced:

Provided that it shall not be necessary to produce a dia­gram of such portion if the diagram of the consolidatedland shows that portion by dotted lines or in such other wayas to identify it.

tf)' Ihe diagram mentioned In subsecuon t') shall beannexed to the registered deed referred to in that subsectionand the registered duplicate thereof, and shall be mentioned

[Chapter 20:05]

respect

DEEDSREQISTJUES ACT '844-ll0

(i) in terms of subparagraph 0) of paragraph (a) ofsubsection (1) of section 20 of the AgriculturalFinance Corporation Act (Chapter IB.-02]; or

Oi) from a fund administered by the AgriculturalFinance Corporation under section 23 of thesaid Act; or

(iii) in terms of the Agricultural Assistance Schemeset out in the Third Schedule to the said Act orany Scheme established in terms of Part VII ofthe said Act;

by the general manager of the Agricultural FinanceCorporation or any other person appointed for the purposeby th~ Agri"u1turAI Finance Corporation, who is dulylluthorized by the owner of the immovable property bypowerof attorney;and shall be attested by the registrar.

(2) A bond may be registered 10 secure an existing debtor 11 fuum: debt Of both existing and fUlUR:debts.

(3) Bonds intended to secure loans for building purposesshall be deemed to be bonds to secure existing debts.

(4) If in II bond purporting to secure a future debt theamount of an existing debt is mentioned, such existing debtshall be deemed to be secured as part of the maximumamount intended to besecured by the bond.

(5) Save 1I5 authorized by any other enactment or anorder of the court, debts or obligations to more than onecreditor arising from different causes shall not be securedby one bond.

45 Requirements In ca•• of bonds Intended tocover future advances

No deed or instrument of hypothecation, whether generalor special, sho.l! be of nny force or effect to give nn)'preference or priority to the payment of any advances,debts or demands made or accruing after the date of theregistration of such deed or instrument unless it is ex­pressed in such deed or instrument that it is meant orintended to cover or secure future advances. debts ordemands generally, or some particular description thereofto be in the said deed or instrument described, and unlessalso some certain sum is expressed in such deed or instru­ment as a sum beyond which such future advances, debts ordemands shall not be deemed to be covered or secured bythe hypothecation made or created by such deed or instru­ment.

46 Ceulon of bond to secure future advances

A cession of a bond passed to secure future advancesmJl)' "'" ....gisl..,..,..(\ And the registration of s,,~.h A ""ss;"oshall not affect the provisions of the bond relating to futureadvances up to the amount stated in the bond.

47 Exclusion of general clautl8 In mortgage bonds

(I) The registrar shall not attest any mortgage bondwhich purports to bind movable property or which containsthe clause, commonly known as the general clause,purporting. to bind generally all the immovable or movableproperty of the debtor or both, and shall not register anynotarial bond which purports to bind immovable property.

(l) No mortgage bond shall be passed by two or moremortgagors unless it purports to bind immovable propertyof each mortgagor.

48 Pilling of bonds In favour of agents(1) ~""j""j In this s"M;nn, no mortg"g" hnnt! Or nolJlri,,1

bond shall be passed in favour of any person as the agent ofa principal.

419

(2) A company, other than II foreign company as definedin section 2 of the Companies Act [Chapter 24:03J, mayapply to a registrar 10 record in a register kept for suchpurpose that the company is a bond-holding company andsuch register shall be available to the public on payment ofthe prescribed fee.

(3) A bond-holding company may hold a participationbond as the representative of the participants therein.

(4) A bond-holding company shall keep at its registeredoffice a record in relation to each participation bend heldby it of the name of each person entitled to a participationin the bond.

(5) The real rights conferred by the registration of aparticipation bond shall be deemed to be held by eachparticipant to the extent of his participation, whether thebond was a participation bond at the time of its registrationor not:

Provided that the bond-holding company shall exercisethe rights of the participant under the participation bond onhis behalf.

(6) This section shall apply to any participation bond,whether registered before. on or after the 31st December.1971.

(7) In this section->"bond-holding company" means a company whose name

is recorded in the register referred to in subsection (2);"purticipunt", in relation to a participation bond, mC0Jl3 Q

person who is specified in the record kept by a bond­holding company in tenus of subsection (4) as beingentitled to a participation in a participation bond;

"participation" means a share of or all the rights securedunder a participation bond;

"participation bond" means a mortgage bond or notarialbond, whether described as a participation bond or not.which is held by a bond-holding company as representativeof the persons entitled to participations therein.

49 Requirement. In caae gf bgnda paa.ed by or infavour of two or more persons

(I) If a bond is passed by two or more mortgagors, norelease of one mortgagor or of his property from the bondmay be registered without the written consent of the other1JluJlg~ul Ul UlUl tr.ilr.Ul~.

(2) No bond may be passed in favour of two or morepersons in which it is stipulated that the share of one holdershall rank prior in order of preference to the share ofanother, nor may any transaction be registered which wouldhave the <;ff<;<;t of giving preference to one share in it bondover another share.

RightsofMortgagees

50 Transfer of hypothecated property(1) No transfer o f mortgaged lend shall be attested or

executed by the registrar, and no cession of a mortgagedlease of immovable property, or of any mortgaged real rightin land, shall be registered until the bond has been can­celled or the land, lease or right has been released from theoper"t;"n of the hoot! with the "on~"nt in writing of rh..holder thereof:

Provided that no such cancellation or release shall benecessary if the transfer or cess ion is made---(c) in execution of the judgment of any court by the

cnrnpetent nfficer: or(b) by~

(i) the trustee of an insolvent estate; or

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•• 50-54 DEEDSREGISTRIES ACT

Jii) the assignee of an estate under assignmentwhere the deed of assignment has been regis­tered in terms 0 f subsection (2) of section IS7of the Insolvency Act [Chapter 6:04]; or

(iii) the liquidator of a company which is unable topay its debts and which is being wound up bythe court;

or(c) in any other circumstances in this Act provided or as

ordered by the court.(2) In the case of any transfer or cession made in the

circumstances set out in the proviso to subsection (I), theboud slll1lt be pruuu~ LU UII: registrar fur endorsement ofthe circumstances of the transfer or cession unless thenotary public causing transfer or cession to, be madecertifies that he has been unable to obtain possession of thebond.

(3) A consent to the release from the operation of a bondof all the property mortgaged thereunder shall, exceptwhere the debt secured by such bond is further secured by acollateral bond, be deemed 10 be a consent to the cancella­tion of thafbond,

51 Sub.thutlDn of debtor In I1IIIpltCt ul bund(I) If the owner (in his section referred to lIS the trans­

feror) of land which is hypothecated under a registeredmortgage bond, not being a person referred to in paragraph(b) of the proviso to subsection (I) of section fifty, hasagreed Lu Lrwlsfer Lu wruull:r pel'SUIl the whule uf tifl: IWll.land has not reserved any real right in such land. theregistrar may register the transfer and substitute thetransferee for the transferor as debtor in respect of the bondif there is produced to him, in duplicate, the written consentof the holder of the bond and the Iran~feree to the ~ub~tilu.

tion of the transferee for the transferor as the debtor inrespect ofthe bond.

(2) In registering the transfer the registrar shall-(a) make in the appropriate register-

(i) ~n entry ~",";n8 forth thllt th .. d..ht of thO'transferor secured by the bond is cancelled;and

(ii) an entry setting forth that the transferee hasbecome the debtor in respect of thebond;

and(h) annex one duplicate of the written consent referred

to in subsection (l) to the bond and file the otherwith the regislly duplicate thereof; and

(c) endorse upon the bond-(i) the name of the transferee; and

(il) the date and number of the transfer; and(iii) a reference to the said written consent; ana(iv) that the transferee has been substituted for the

transferor as debtor in respect of the bond;and

(d) milk" on th" trarof(;t ~ed Qn <m~mt ofmortgage containing the date and number of thebond and the amount due in terms thereof

(3) As from the date of the transfer deed the transferorshall be absolved from any obligation secured by the bondand the transf_ shall be substituted for him as th.. debtorin respect of such bond and shall be bound by the termsthereof in the same manner as if he had himself passed thebond and had renounced therein the benefit of the exeep­tiODSstated therein.

(4) Subsections (1) to (3) ~hdl apply, ",,,'ali~ n...tandis,to a real right in land, other than the ownership thereof,which is hypothecated under a registered mortgage bond.

52 Notice by ....ter In connection with InsolventestIItes and further provlalons relative toInsolvent estates

( I) If it appears from the liquidation account of anyestate which has been sequestrated or from the vouchersrelating thereto that a final payment has been made to anycreditor on account of a reaistered bond. the Master shallnotify the payment thereof to the registrar and shall submitsuch bond to the registrar for cancellation. The holder ofthe bond shall, when requested to do so by the Master,deliver the bond to the Master.

(2) Immovable propertv which has vested in a trustee inaccordance with the provisions of the law relating toinsolvency and which hasnot, in terms of that law, been re­vested in the insolvent, may, whether before or afterrehabilitation of the insolvent, be transferred only by thetrustee, and may not after such rehabilitation be transferred,mortgaged or otherwise dealt with by the insolvent until ithas been transferred to him by the trustee:

Provided that if after rehab iiitalion the trustee has beendischarged or there is no trustee in existence, the Mastershall, if satisfied that the rehabilitated insolvent is entitledto the property, give him transfer thereof in such manner asmay beprescribed.

(3) If by virtue of the provisions of the law relating toinsolvency an insolvent has been re-invested with theownership of any property, such property may not betransterred, mortgaged or otnerwise dealt WIth by theinsolvent until an endorsement, in the manner prescribed,that the property has been restored to him, has been madeby the registrar on the title deed of theproperty.

(4) Nothing in this section contained shall be construedas modifying any provision or the law relaling to insol­veney.

(5) The provisions of this section shall. apply, mutatismutandis, in respect of-(0) insolvent deceased estates;and(h) companies which are unable to pay their debts and

are liquidated or wound up by or under the supervi­sion of the coGrtunder thelaw relating to companies.

53 Endorsement of bond afteraile of executionWhenever any mongagec11mnlovable property has been

sold in execution of a judgment of II competent cowt orunder express authority contained in a special enactment, tosatisfy any debt due in respect of a registered bond orotherwise, and the proceeds of the sale have been paid tothe legal holder of the bond, the deputy sheriff or m-.m­ger concerned or the person acting under the authority ofany such special enactment shall notifY the registrar of anysuch sale and shall transmit the bond to the registrar foacancellation or release in the event of there being otherproperties mortsased bv the bond. The holder of the bondshall, when requested to do so by the deputy sheriff ormessenger or person acting under the authority of suchspecial enactment, deliver the bond to the deputy sheriff,messenger or person, as the case may be.

54 Con...,. of -bond holder to NgI......ion ofmerger of rights of mortgagor

If the holder of a mortgaged lease of land or of mort­gaged real rights in land acquires the ownership of thatland, or if the holder of a mortgaged lease of real rights inland aequiees tho~e rishu, <:>r if the owner <:>f mortgagedland which is entitled to rights of servitude over other landacquires the ownership of that other land, such acquisition

[C~200Sl 420

DEEDS REGISTRIES ACT 8854-58

of the additional land or rights shall not be registeredwithout the consent in writing of the bvldc;J of the bum!'

No/aries Bonds

55 Where notarial bond to be registered(I) Every notarial bond executed before, on or after the

31 ~t December, 1971, ~h1l11 be regtsiered in a deeds registrywithin the period of three months after the date of itsexecution or within such extended period as the court mayon application allow.

(2) A signed original for fiIing in the registry as theregisU)' duplicate, together with two runner ortglnals orgrosses or copies of the bond certified by a notary publicshall be tendered for registration. The registrar whoregisters such bond shall transmit to the registrar in chargeof the other deeds registry one such original, grosse or copyof the bond for registration by him.

PARTYI

RIGHTS IN IMMOVABLE PROPERlY

General

56 Restriction on registration of rights Inimmovable property

(I) No deed, or condition in a deed, purporting to createor embodying any personal right in respect of immovableJlMIlerf)' -~hall he ""r,,"h1p. of reei ~lrJllion

(2) No condition imposed after the 2nd January, 1960,purporting to restrict the exercise of any right of ownershipin respect of immovab)e property shall be included in anytitle deed of such property tendered for registration in anydeeds registry unless such cnndition is capable of beingenforced by some person who is mentioned in or, if notmentioned therein, is ascertainable from, the said title deedor from other evidence available to the registrar.

(3) Subject to subsection (4), no condition imposed afterthe 1st November. 1976. which imposes in respect ofimmovable ptoperty-(a) restrictions on the subdivision ofthe property; or(b) restrictions on the purposes for which the property

may be used; or(c) any requirements to be complied with or 10 be

observed in connection with the erection of anybuilding on the property; or

(d) any restriction or requirement to be observed, notreferred to in paragraph (a), (b) or (e), which is thesubject of control under an approved scheme, opera­tive master plan or operative local plan as defined inthe Regional, Town and Country Planning Act[Chapter 29: 12] that relates to the area in which thatpropertyis situated;

shall be included in any title deed to such property tenderedfur regi~lnUi.on in lIDy deeds registry.

(4) Subsection (3) shall not preclude the registration ofany condition-(a) referred to in paragraph (e) of subsection (3) which

is imposed by a person other than the State, a city ormunicipal council, a town council, a rural ntsmctcouncil or a local board; or

(b) which provides for rights of access or similiarmatters.

(5) Subsection (3) shall not be construed as precludingthe imposition of any condition such as IS referred to In thatsubsection in any agreement relating to the acquisition ofany property.

421

Servitudes57 Creation 01 servitudes

(1) Save as is provided in any other law, a servitude inperpetuity or for a limited period may, subject to subsec­lions (2), (3) and (4), be created--(a) by a deed prepared in accordance with section fifiy~

nine; or(h) in a deed of grant or transfer of land where it

encumbers-(i) the land transferred; or(it) other land of which the transferor is the owner

in favour of the land transferred.

(2) Before registering a servitude which is being createdin terms of paragraph (b) of subsection (I), a registrar shall,where the servitude which is being created encumbers theland transferred, require the acceptance in writing of theowner of the land in favour of which or the person in whosefavour that servitude is being created if that owner orperson is not the transferor:

Provided that, where the servitude is being created infavour of the public or of all or some of the owners oroccupiers of stands vi lOb ill U township, the n::gi~ln1Cmay,if in his opinion it is impracticable for such persons tosignify their acceptance of the servitude, dispense withsuch acceptance.

(3) In registering any servitude which is being created interms 0 f subsection (1). Q registrar shall(a) where the servitude is being created in terms of

paragraph (a) of subsection (1), endorse the titledeed of-

(i) the land encumbered thereby; andtii) anv land in favour of which that servitude is

being created;or

(b) where the servitude is being created in terms ofparagraph (h) of subsection (I) and the title deed inwhich the servitude is being created relates lo-

(i) the land in favour of which that servitude isbeing created, endorse the title deed of the landencumbered thereby; or

(ii) the land encumbered thereby, endorse the titledeed of any land in favour of which that servi­tude is being crowed.

(4) If the land which is 10 be encumbered by a servitudecreated in terms of subsection (I) is mortgaged or subject10 any other real right with which the servitude mayconfl ict, the registrar shall require the written consent 0 fth.. holder of th....ight and the production of the bond orother registered deed in which the right is registered orrecorded.

58 Requll'8lnltlQlor preparation and submissionof deed of servitude

(I) A deed of servitude shall-(11) contain a full description of any land against or in

favour of which the servitude is to be registered orendorsed, including the numbers and dates of the ti­lie deeds, and the full names of the grantor and,whe.... practicable, the grantee of the £ervitude; and

(b) be executed by the owner of the land encumbered bythe servitude and the owner of the land in favour ofwhich or the person in whose favour the servitude isbeing created:

Provided that, where the servitude is being createdin favour of the public Of of all or some of the ownersor occupiers of stands Of lots in a township, the regis­trar may, if in his opinion it is impracticable for such

[Chapter 20:05]

DEEDS REGISTRIES ACf

persons to execute the deed, dispense with suchexecution of the tleeu; and

(c) be attested by a notary public:Provided that this paragraph shall not apply to a deed of

servitude such as is referred to ill section sixty-three if thesignature of each person executing the deed is witnessed byLWU competeu; witnesses or by a commissioner of oatha andthe signature of each witness or the commissioner of oaths,as the case may be, has been affixed thereto in the presenceof that person.

(2) Two signed originals or a signed original and a copycc rtificd by notary public shall be submitted to the registrartor registration.

59 Restriction on registration of certain personalservitudes

No personal servitude of usufruct, usus or habitatio orany transfer or cession thereof purporting to extend beyondthe lifetime of the person in whose favour it is created shallbe registered.

60 Cancellation of registration ofs8rvitude(I) ""hj.."t In~lIMect;o~~(2) and (3). cancellation of the

registration of a servitude in pursuance of an agreementbetween the owner of the land encumbered thereby and theholder of the servitude shall beeffected by notarial deed.

(2) If a servitude is mortgaged or the dominant tenementis mortgaged. the consent in writing of the holder of thebond to the cancellation of the registration of the servitudeshall be produced to the registrar.

(3) Cancellation of the registration of a personal servi­tude may, subject to the agreement constituting the servi­tude, be effected by lodging with the registrar a writtenconsent by the holder of that servitude for the cancellationof the servitude.

(4) If for any reason a servitude has lapsed, the registrarshall, on written application by the owner of the landencumbered thereby, accompanied by proof to his satisfac­tion of the lapse of the servitude and by all the deedsaffected thereby, note on such deeds that the servitude haslapsed.

61 Transfer and mortgage of land with personalservitude thereon

(1) It the owner of land subject to a personal servitudeand the holder of that servitude have disposed of the landor any portion thereof together with the rights of servitudeto another person, they may together give transfer thereofto that person.

(2) The deed of transfer of land referred to in subsection(I) shall describe the owner of the land and the holder ofthe servitude as the transferors. '

(3) The owner of land subject to a personal servitudeand the holder of that servitude may-(a) together mortgage the land to the full extent of their

respective rights therein; or(b) either of them as principal debtor mortgage the land

or the servitude, as the case may be, and the other ofthem in the same bond mortgage the servitude or theIand as surety.

62 Joint transactions by fiduciary and fideicommissary

(I) If the owner of land subject to ajidei commissumand the fidei commissary, if the laller is competent so to do,have disposed of the land or any portion thereof togetherwith the fidei commissary rights to another person, theymay together give transfer thereof to that person.

(2) The deed of transfer of land referred to in subsection(I) shell describe the owner of the land and the holder ofthejidei commissary rights as the transferors.

(3) The owner of land subject to ajidei commissum andthe fidei commissary, if the latter is competent so to do,may together mortgage the land to the full extent of theirrespective righb therein,

63 certain restrictive conditions to be of no forceand effect and certain alienations, ete., 01property not to be invalid on certain grounds

(I) No conditions in a title deed which prohibits theownership, occupation or use 01' any property on thegrounds of race, tribe or colour shall be of any force oreffect and the Registrar shall require any such condition inany title deed to any property to be ommitted from anysubsequent title deed to that property.

(2) No voluntary or involuntary alienation of any prop­erty or any disposition of any property whether by way oflease or servitude or otherwise or any contract thereforshall be invalid solely on the grounds that such alienationor disposition or contract therefor was in conflict with anycondition referred to in subsection (I).

64 sale of land on Instalments(l) Where land is sold in terms of a written contract

whereby the purchase price is payable in three or moreinstalments, the registrar shall, upon the lodging with himin terms 01' this section of the written consent of theregistered owner and the purchaser, endorse on the titledeed of the land concerned that such land is subject to thecontract.

(2) The endorsement in terms of subsection (l) againstthe title deed of any land shall confer on me purchaser ofthe land concerned, subject to this section and to my priorreal rights attaching to the land, the following rights--(a) in the event of the insolvency, assignment or

liquidation of the seller's estate Or the vesting of theseller's eslate in Il trustee or aasignee in tenns of thelaw relating to insolvency or a proposed sale in exe­cution of the land, and upon him notifying his elec­tion thereof within three months of the insolvency,assignment, liquidation or attachment of the land, asthe case may be. to the trustee, assignee. liquidatoror officer charged with the sale of the land, either-

(i) a charge over the land in favour of the pur­chaser for the amount of any instalments anddeposit paid by him to the seller and for thevalue of any improvements effected upon theland by the purchaser and valued m terms ofsubsection (4) less the amount, if any, referredto in paragraph (d) of subsection (5); or

(ii] a right to take trans fer 0 f the Iand subject to thepayment of the outstanding balance of the pur­chase price under the contract or, if the l4tld isencumbered under a prior real right securing amonetary obligation, to the payment of theoutstanding balance under the prior real right,whichever is the greater:

Pmvided that where the land sold under thecontract is a portion of land the whole of whichis subject to such a prior real right, the pur­chaser shall be entitled to take transfer of theland upon payment of the sum referred to insubsection (3) or the balance of the purchaseprice under the contract, whichever is thegreater;

or

rChaoter 20:051 422.

DEEDSREGISTRIES ACT 8864-71

(b) where the provisions of paragraph (a) do not applyor he h83 not made an ejection in terms of thpi purn­graph, the right enforceable against all persons what­soever to abide by the contract and to take transfer ofthe land upon fulfilment of the conditions of thecontract.

(3) In the CP,1C of 11 sale or a portion of lend, the wholeof which is subject to a prior real right securing a monetaryobligation, the registrar shall refuse to make an endorse­ment in terms of subsection (I) unless there is lodged withhim a written statement signed by the purchaser and theholder of the prior real right setting out the amount which isdeemed to represent, for the purposes of this section, theoutstanding balance of the monetary obligation secured bythe prior real right in respect ofthe land sold,

(4) For the purposes of paragraph (a) of subsection (2),the value of any improvements effected upon the land bythe purchaser shall be such value as may be agreed by thepersons concerned or, failing agreement, as may bedetermined by a valuator appointed by the officer chargedwith the duty of selling the property in execution or, in theevent of the insolvency, assignment or liquidation of theestate ot the seller or the vesting of the seller's estate in atrustee or assignee in terms of the law relating to insol­vency, by the trustee, assignee or liquidator concerned.

(5) A consent referred to in subsection (1) shall be pre­pared by a notary public and shall-{u) identity the registered owner and the purchaser as IS

required in terms of this Act in respect of documentslodged for registration; and

(b) describe the land concerned and specify the numberand date of the title deed of the registered owner; and

(l:) state the purchase jJl icc <UJU the amuuut of thedeposit, if any, and of eac•• instalment payable interms of the contract in respect of capital and inter­est, if any; and

(d) state what amount, if any,of each instalment shall, inthe event of the sale of the land pursuant to the in­solvency, assignment or liquidation of the seller'sestate or the vesting of the seller's estate in a trusteeor assignee in terms of the law relating to insolvencyor the sale in execution of the property, bedeemed tobe rent in respect of the occupation of the propertyby the purchaser; and

(e) have annexed thereto the contract or a copy thereofcertilied by a notary pu bhe; and

(I) be accompanied by the title deed of the registeredowner.

(6) The rights conferred upon a purchaser in terms ofthis section shall rank from the date of the endorsementreferred to in subsection (I),

(7) The registrar shall cancel an endorsement referred toin subsection (I) upon the lodj!;in~ with him of the writtenconsent thereto of the registered owner and the purchaserconcerned.

(8) This section shall apply 10 a contract referred to insubsection (I) whether it was entered into before, on orafter the 19th January, 1973,

Leases

65 Registration of leases and sub-Ie.sea(I) Save where provision to the contrary is made in any

enactment, any lease or sub-lease of ljilld and any cessionof such a lease or sub-lease intended or required to beregistered in a deeds registry shall be executed by notarialdeed by the lessor and the lessee or by the lessee and the

sub-lessee or by the cedent ~d the cessionary, as the casemay be,

(2) If the land leased or sub-leased is mortgaged orsubject to the rights of any otherperson, it shall be neces­sary for the purposes of registration of the lease or sub­lease or any cession thereof to produce the consent of thelegcl ho 100 thereof.

66 Termination a' registered leaHWhen a registered lease or sub-lease has terminated, the

registrarshall, on a wrinen appl icalion by the owne r 0 f theland affected thereby and the registered holder of the lease,accompanied by all deeds affected by such termination,note on all such deeds that such lease-orsub-lease, as thecase m,,-, he, has terminated.

67 Where lease to be registeredAny I"A"" "f irnm(>vAhl" pr.:>perly utj, ich is registered in

the name of the lessor in a deeds registry shall be registeredin that registry, and any sub-lease of any lease so registeredshall be registered in that registry.

68 Ceaslons o'leases and sub-leasesNo cession uf Cl lease ur sub-lease shall be registered in

any deeds registry un less the lease or sub-lease has beenregistered therein.

69 No hypothecation of lesses and sub-leasesNo hypothecation of a lease or sub-lease shall be regis­

tered in a deeds registry unless such hypothecation iseffected by means(a) a mortgage bond, if the lease or sub-lease is immov­

able property; or(b) a notarial bond, if the lease or sub-lease is not

immovable property. . ,

70 Bonds hypothecating Ieues or sub-leases0) For the registration of a bond specially hypothecat­

ing a registered lease or sub-lease the deed of the leaseshall be produced to the registrar.

(2) In registering such bond the registrar shall endorseon the deed that the lease or sub-lease has been hypothe­cated by the bond.

(3) Section fifty shall apply, mula/is mutandis, in respectof any lease or sub-lease £0 hypothecated.

PART VIIGENERAL

71 Cancellation of registration on lapse of certainreglatered right.

(I) If it is expressly provided in­(a) a registered lease of land; or(b) a registered deed creating or evidencing a servitude;

that it shall lapse upon the happening of certainevents, the ~gi.str(U" ~hall, upon writtc;n epplicetionaccompanied by an affidavit by the lessor or grantorof the registered right, as the case may be, thal thoseevents have happened, cancel the registration of thelease or servitude:

Provided that-(i) if the address of the lessee or grantee is stated

in the registered document, or the address orany change thereof bas been notified to theregistrar, notice Shall be given to such lessee orgranlee by the applicant by prepaid registeredIetter that canoelIation 0 f the registration of thedocument is sought on the ground of the hap­pening of certain events mentioned therein and

423 [Chapter 20:05J

.. 71-76 DEEDS REGISTRIES ACT

that unless written objection 10 the cancellationspecifying me grounds of objecuon is lutlgwwith the registrar within one month, if the ad­dress is in Zimbabwe, or within three monthsor such further period as the registrar may inspecial circumstances determine, if the addressis outside Zimbabwe, application will be madeto the registrar for cancellation of the registra­tion of the said document;

(ii) if the address of the lessee or grantee is notstated in the document or has nol been notifledto the registrar as, aforesai d, the appl ican t shallpublish the notice aforesaid once in the Gazetteand twice in a newspaper published in the dis­trict in which the land in question is situated(or if there be no such newspaper then in anynewspaper circulating in such district) and in anewspaper (00 be IndlClltl'd by the registrar)circu leting in the district of the Iessee's orgrantee's last known address which shall bedisclosed by the applicant in an affidavit;

(iii) if any objection is lodged which, in theNsistrar's opinion. di$clo$e$ reuonablO2>grounds for refusing cancellation of the regis­tration, he shall not cancel it until the objectionis withdrawn or falls away or cancellation isordered by the court;

(iv) if any of the rights to be cancelled are mort­gaged, notice in writing shall be given by theapplicant by prepaid registered letter to themortgagee of the intention to cancel suchright>, before the ~lIation is effected.

(2) For the purposes of subsection (I), the lessor orgrantor means the person who, from the records in thedeeds registry, appears to be the owner Of the land con­cerned,

72 Transfer and ceaaion not to be passed aasecurity

No transfer of land and no cession of any registered leaseor sub-lease or other real right in land, except a mortgage',made lIS security for a debt or other obligation shall bell1tested by a registrar or registered in a deeds registry.

oro 'Tranllhw of Immovable prope:rty by oxooutorAn executor who desires to effect a transfer of land or a

cession of real rights therein or a cession of a notarial bondin pursuance of a sale or cession for value by such executorshall lodge with a registrar-(a) l1Jl affidavit swtinS-

(i) that no objection to such transfer or cessionexists; and

(ii) whether ornot the estate is a joint estate; or(b) lUI. account to which he is obliged 10 give effect in

terms of subsection (10) of section 52 of the Ad­ministration of Estll\es Act [Chapler 6:0ll;

and the registrar sball be entitled to pass transfer or registerthe cession ~ingly.

74 Trlm".r duty to be ~Id before tl1m".rIf any IlUlG or reel right in land h"'" been seUled upon or

donated to an intended spouse in terms of an antenuptialcon. b'8C1, or ifin consequence of a division ofajoint estatein terms ora notarial deed executed under the provisions ofsection 3 of the Married Persons Property Act IClulpter5:I /J. one soouse obtains more than a half shere in anyland or real right in land, no transfer or cession of such landat real right in land by the donor or spouse in whose namesuch land or right is registered 10any person other than the

donee or the spouse who obtains such share under suchui vi>iuu u f the j u illt C::>(alc;, lUlU IIU mortgage 0 f >ulih land orright by the donor or the spouse in whose name ihe land orright is registered, shall be executed, attested or registeredby the registrar unless the duly, if any, payable on thedonation or division has been paid.

75 Registration ollOhllnge at nllme0) If the name of any person or partners'rllp appears in

any registered deed or other document and such name hasbeen changed, such person or partnership may apply inwriting to the registrar to endorse on the said deed or otherdocument that the mum: of such pt:n;ull ur pannei ~hiJl lUIS

been changed to the name staled in the application.

(2) Every such application shall be accompanied by thedeed or other document requiring amendment and by thcconsent in writing of every other person interested in suchdet:lI or other um:wneu\ UI ill the rights creaied, ..onvc:yc:dor evidenced thereby andif the old name appears in anotherdeed or other document that deed or document shalllikewise be forwarded to the registrar for endorsement.

(3) If the name of the person or partnership concernedhas been changed in aceordencc with the prcvisiona of anylaw and the registrar is satisfied that no change of person inlaw is implied in such change of name, the registrar shallendorse on the said deed or other document that the nameof the person or partnership has been changed to the name~1"fMi in the Rpplic!dion and, if the old name of such personor partnership appears in any other deed or documentregistered in that registry, the registrar shall likewiseendorse that deed or other document and in either casemake 1:()1'tt~\n.g en.\riu in.fue~ate teg\s'.tn.

(4) If the name of the person or partnershin concernedhas not been changed in accordance with the provisions ofany law, or the registrar is not satisfied that no change ofperson in law is implied in such change of name, theregistrar shall, at the expense of the applicant, publish anotice of the application once in the Gazette and threetunes in a newspaper approved by him.

(5) If any objection to the endorsement being made islodged with the registrar not later than one week after thelast publication in the Gazette or newspaper, whichevermil'! be the taler,and suchobjection is in the O~i.nio(lll ( the.registrar bona fide and suffiCiently matertat, the registrarmay refuse to make the endorsement except upon theauthority of an order of court, and tl.e court shall havejurisdiction to make such order in the matter as ir maydeem just,

«(i) If no sum objection Is lotlged within thl; periodmentioned in subsection (5), or if in the opinion of theregistrar such objection is not bona fide or is not suffi­ciently material, the registrar sball make the endorsementand entries as provided in subsection (3).

(7) :9ul.>j ,"r.;t tu sccdoas jurly-I rt'O end ~o: ventr SU-, nochange in the name of any immovable property shall berecorded in a deeds registry.

76 Renumbertng of properties(I) If, after he hilSreceived a report from the Surveyor­

General and the registrar that the numbering or descriptionsof registered properties in any district have becomecomplicated, the Minister is satisfied thai in the publicinterest the properties in thatdistrict should be renumbered,he may authorize the amendment of the relevant generalplans and diagrams by the Surveyor-Ot:nenli,

(2) As soon as a diagram or general plan has beenamended by the Surveyor-General in accordance with

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DEEDS RECiISTRIES ACT SB 78-82

autlWritJ· granted in te11llS (If subsection (I), the registrarshall enter the new number asstgned tu each regisiereuproperty in that district against the relevant folio in theregisters kept in the deeds registry and shall, by notice inthe Gazette and in a newspaper circulating in the district inwhich the registered properties lire situate, call upon allaffected owners. 0 f regi5tered propertie~ in the district tosubmit the title deeds under which they hold the land,together with the diagram deeds and all other documentsrelating thereto, for amendment within three months of thedale of publication of such notice. The registrar shall note,free of charge, upon the title deeds and all other documentssubmitted to him and Upoll the relevant registry duplicates,the new number assigned to the registered property and theSurveyor-General shall amend the diagrams thereof, but noamendment shall be made which would have the effect ofamending any rights of ownership.

(3) any owner fails to submit his title deed and otherdocuments for amendment within the period mentioned insubsection (2), the registrar shall impound such title deedand other documents when they are presented to him forany act of registration and may retain such deed and otherdccuments ulltilthc amendments .wthQriud by this se ctionhave been made and until such owner has paid such fee asmay be~bed ill respect thereof.

n Deletion of condition. of title(I) Notwithstanding an)lthing to the contrary in this Act,

if a registrar is of the opinion that-(a) any condition subject to which an application for a

township has been granted in tenns of Part III of theTown and Country Planning Act (Chapter 213 of1974) or the Town Planning Act [Chapter /03 0/19j.9] Is no longer of any force or em:ct, he may,after Consultation with the Director of PhysicalPlanning, delete that condition in the conditions ofestablishment of the township concerned and anystand in thai township which is thereafter transferred&hall not bli> subject to the <:ondil.ion SO deleted; or

(b) any condition registered in the title deed to anyimmovable property should not have been so regis­tered or is no longer of any force or effect, he shalldelete that cond ition from the said title deed or re­Quire it to be omitted from any subsequent title deedto that immovable property or any portion thereof.

(2) If a registrar. is of the opinion that the rights of anyperson may be affected by any action taken in terms ofsubsection (I), he shall publish, in the Gazette and in II

'newspapercirculating in the area, oolice of the proposeddeletion calling upon any person affected who has anyobjection to the proposed deletion to lodge his objections inwriting with the registrar not later than such date, being notless than one month of the date of the publication of thenotice in the Gazette, as may be specified in that notice.

(3) Where notice has"becn given In terms or subsection(2) of any proposed deletion, the registrar shall consider allobjections lodged with him in IemlS of that subsection andshall, subject to section eighty-three, make such decision ashe deems fit and notify the objector of the decision som-w.78 Attestation 01powers of attorney

Powers of attorney to pass deeds or to do any act inconnection with a deeds registry sball-(a) if executed within Zimbabwe, be accepted if wit­

nessed by two competent witnesses or by a justice ofthe peace or commissioner of oaths and the signatureof each such witness, the justice of the peace or

commissioner ofoaths, as the case may be, hilS beerriimxt:ti thereto ill the presence uf the person exeeut­ing it;

(b) if executed outside Zimbabwe, be accepted ifauthenticated-

0) by a legal practitioner, mayor or personholdingjudidal office; or

(ii) in the case 0 f a country or territory ill whichZimbabwe has its own diplomatic or consularrepresentative, by the bead of a Zimbabwendiplomatic mission, the deputy or acting headof such mission or a counsellor, first, second orthird secrctmy, C011Sul-gencr81, cooso) or I'ice­consul.

79 Notice to regl8trar of application to courtBefore any application is made to the court for authority

or an orof'1' involving the performanre of lUly act in a deedsregistry, Ute applicant shall give the registrar concernedreasonable notice before the hearing of such application,and such registrar may submit to lite court such reportthereon as he may deem desirable to make.

so Production 0' document. I., .vldenoe(I) No original document kept in a deeds registry shall

be produced in any legal proceedings save in ell:ceptiona{circumstances and upon an order of the court before whichsuch proceedings are being brought.

(2) Where thc original document is produced upon 1111

order of court as in subsection (I) provided, it shall not benecessary in any legal proceedings for the registrar himself.or for any officer under him, to produce such originaldocument, but it shall be sufficient if such document isproduced hy some person authnrized by him In dn so.

(3) Except where the original document is producedupon an order of court as in subsection (I) provided, a copyof or extract from any document kept in a deeds registry,certified to be a true copy under the han d 0 f the registrar,shall in all legal proceedings be admissible in evidence asof equal validity with the original document. Certifiedcopies or extracts may be handed into court by the partywho desires to avail himself ofthem.

(4) Where the original document has been destroyed andsuch original document was, before its destruction, photo­graphed in accordance with the provisions of any regula­tions, the photographic copy of thai document kept inaccordance with those regulations shall, for the purposes ofthis section, be deemed to be the original document.

81 Penalty for fBlslI citement in _ffld8vitEvery affidavit required tn be nroduced to the registrar

under the provisions of plUllgJ ....." \U} of subsection (I) ofsection su shall set forth that it is made fqr the purposes ofthat paragraph; and any person who makes any suchaffidavit knowing it to be untrue in any material particularshall be guilty of an offence and liable to a fine not exceed­ing one thousand dollars or to imprisonment for a periodnot exceeding one year or to both such fine and suchimprisonment.

82 Substituted copy ot lost deed supersede.orlglnaJ which mUlt be surrendered onrecovery

(I) If a copy of a registered deed or other document hasbeen issued in manner prescribed by regulation in substitu­tion for a deed or other document whicb hD.s been lost or isbelieved to have been destroyed, the original deed or otherdocument, if still in existence, shall thereupon becomevoid.

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88 82~7 DEWS REGISTRIES ACT

(2l If a deed or other document which has become voidas aforesaid, comes into the possession or custody of anyperson who knows that a copy has been issued in substitu­tion therefor, he shall forthwith deliver or transmit suchdeed or other document 10 the registrar concerned.

". ApP'"l\. '0 Planning Appeal. Board

(I) Any person who--(0) is the owner of immovable property and is aggrieved

by the refusal of a registrar to register a condition onthe grounds that such condition may not be regis­tered In tenus 01 subsection (JJ 01 sectionJijfV-SIX: or

(b) is aggrieved by any decision ofa registrar in tenus ofsubsection (3) of section seventy-six;

!lillY, within one month of being notified of the re{uSi'.\ Qrdecision of the registrar, as the case may be, or such longerperiod as the President of the Administrative Court may inwriting authorize, appeal to the Administrative Court whichmay confirm the refusal or decision of the registrar or issuesueh otherorder as itdeems fit.

(2) Part X of the Regional, Town and Country PlanningAct IChapter 29: /2] shall apply, mutatis mutandis, inreiarion to an appeal.in terms 0 f subsection (I).

84 Exemption 1rom law 10r acta or omissions indeeds registry

No act or omission of any registrar or of any officeremployed in a deeds registry shall render the State or suchregistrar or officer liable for damage sustained by anyperson in consequence of such act or omission:

Provided that-(i) if such act or omission is mala fide or if such

registrar or \,}fficer has- nm exercised reasonable careand diligence in carrying out his duties in connexionwith such act or omission, the State shall be liablefor the damage aforesaid;

[i i) the registrar or 0 fficer guilty 0 f such act or omissionshall be liable to make good any loss or damage re­sulting therefrom to the State if such act or omissionwas mala fide.

85 F_ gf offlc. mit chargeable In ,erial" ca...

Nt) fee of offlce shall be charged in respect of the prepa­ration or issue in terms of Ute Regional, Town and CountryPlanning Act [Chapter 29:12J of a title deed to any landwhich is acquired by a local authority in terms of that Actfor public purposes or whicll vests In a local aumorny Interms of'thar Act.

86 Formal defects

No act in connexion with any registration in a deedsi<;~i:;\ry :;lloll11 ~ i\wll.lidal<;d by any fU1mnl dcfc<;.\,W~<;lsuch defect occurs in any deed passed or registered, or inany document lipan the authority of which any such deedhas been passed or registered or which is required to beproduced in connexion with the passing or registration ofeu ..h d....d, lin less a ~lIh~lantial inj ndiece ha< hy ~"clt aclbeen done which in the opinion of the court cannot beremediedby any order of the court.

87 Regul8tIOI1S

(1) The Millister ma'¥ make re\l;Ulations pteSI:Tlmn\!,­(a) the fees of office to be charged in respect of any act,

matter or thing required or permitted to he done in orIn relation to a deeds registry. including any report

made to the court by the registrar in connexion withany application or action to which he is not a party;

(b) the steps to be taken for the protection and preserva­tion of the records of any deeds registry (includingthe photographingof such records and the protectionlind prestf'la\.io:m ~1 \he lI\m\~.k t.1:>p\eY» ;mil~destructton or disposal OraDY records other than cur­rent deeds, diagrams and other documents;

(cl the manner and form in which any deed or otherdocument required or permitted to be lodged, regis­tered or tiled in a deeds registry shall be prepared,lod gcd, executed, regi3lcrcd, filed or delivered;

fd) the manner and form in which endorsements orentries required by this Act or any other enactment tobe made on registered deeds or other documents orin the registers shall be made thereon or therein;

(e) the particular documents which, when produced in adeeds registry, shall be attested or wimessed, themanner in which any such document shall be attestedor witnessed and the number of copies of a documentwhich shall be lodged in a deeds registry when suchdocument is registered..

(j) the divisions, districts or other areas within the areaserved by a deeds registry, which shall be adopted innumbering, for the \IUf\lOSCS of rc:~tratlClt\., tID:.farms or other pieces 0 f land situate I,herein;

(g) the method according to which farms or other pieces01 land in any such divrsion, dlSllict or other areashall be numbered;

(h) the manner and fonn in which stands or lots orportions of land or lots in townships or similar areasmay be registered;

(I) the 11I1lllJ1l:f and furm 111 which infunui1Liull which isrequired by law to befurnished to a registrar shall berecorded in \'lis deeds registry, the manner ana 'iormin which information permitted by law to bp fur­nished by a registrar to the public shall be furnishedand the manner and fonn in ""hieh the idenlity ofpersons shall he esteblished;

U) the conditions upon which conveyancers, legalpractitioners, surveyors and other persons may con­duct any search in a deals registry and the precau­tions which shall be taken to ensure preservation ofthe records from damage by improper handling orotherwise;

(kl the conditions under which copies of deeds and otherdocuments registered in a deeds registry may be is­sued for judicial purposes or purposes of informationor in subsmunon for deeds or other documentswhich have been lost, destroyed, defaced or dam­aged, and the conditions under which extracts fromregisters or from any documents registered or filed In

a deeds registry may be furnished;{f) tnow mlm!\Cl' <.md f'G«l\ in whiclt ~t \\b.aU M.

signified to any cancellation: cession,'part payment,release or amendment of or other registrable transac­tion affecting any bond Orother document registeredin a deeds registry;

(m) the cnn.-litinn~ 1111.-l ..r wl.ich 11 cony of a power ofattorney may be accepted by a registrar in lieu of theoriginal;

(n) the forms of deeds which shall be used in circum­stances not provided for in this Act;

\0) w\)' mauer w\1ich unuer lhis ACt is required orpermitted to be prescribed.

(2) Any regulations made under paragraph (f) or (g) ofsubsection (I) shall come into operation within the area

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