Advertising on Roads and Ribbon Development Act, 1940 (Act No. 21 of 1940)11. Restriction on establishment or extension of townships |
| (1) | A Surveyor-General shall not approve a general plan or the diagrams of erven, lots or holdings which together form a group (whether combined with or without thoroughfares and open spaces which are, or are intended to be, public places) situate wholly or partly outside an urban area if any part of any such erf, lot or holding falls within a distance of 95 m of the centre line of a building restriction road or of a main road, unless the said general plan or diagram corresponds substantially with a plan or sketch of the proposed layout of the said group, which the controlling authority concerned has approved in writing. |
[Section 11(1) substituted by section 4 of Act No. 2 of 1979]
| (2) | The provisions of subsection (1) shall apply, mutatis mutandis, in connection with a diagram of any piece of land adjoining a group of erven, lots or holdings, if any part of the said piece of land falls within a distance of 95 m of the centre line of a building restriction road or of a main road. |
[Section 11(2) substituted by section 4 of Act No. 2 of 1979]
| (3) | When a piece of land represented by a diagram which is registered in a Surveyor-General's office has been divided by means of a survey or surveys into two or more portions and any part of such a portion which is situate outside an urban area falls within a distance of 95 m of the centre line of a building restriction road or of a main road, and the division, might, in the opinion of the Surveyor-General concerned, lead to a frustration of any object of this Act, the said Surveyor General shall not approve the diagram of any such portion unless it corresponds substantially with a plan or sketch of the proposed division which the controlling authority concerned has approved in writing. |
[Section 11(3) substituted by section 4 of Act No. 2 of 1979]
| (4) | When any part of a piece of land situate outside an urban area, falls within a distance of 95 m of the centre line of a building restriction road or of a main road, the Registrar of Deeds concerned shall not pass transfer of an undivided share in that land which was acquired otherwise than by way of inheritance or legacy, if, in his opinion, the transfer might lead to a frustration of any object of this Act, unless the controlling authority concerned has agreed in writing to the transfer in question. |
[Section 11(4) substituted by section 4 of Act No. 2 of 1979]
| (4A) | The provisions of subsections (1), (2), (3) and (4) shall not apply in relation to land under the control of the South African Rail Commuter Corporation Limited. |
[Section 11(4A) substituted by section 32 of Act No. 52 of 1991]
| (5) | Any approval or consent granted under this section by a controlling authority, shall not exempt any person from any provision of any other law. |
| (6) |
| (a) | Any approval or consent granted under this section by a controlling authority may be made subject to any condition prohibiting the division of the land in question or any part thereof, or limiting the use to which the land in question or any part thereof may be put, or limiting the number and extent of any buildings or other structures which may be erected thereon, or prohibiting the erection, construction or laying of any structure or other thing on or under or below the surface of such land within a stated distance from the road in question. |
[Section 11(6)(a) substituted by section 6(a) of Act No. 16 of 1962]
| (b) | In granting any such approval or consent the controlling authority may stipulate that if the land in question or any part thereof is consolidated with any other piece of land, the title to the consolidated land shall be subject to any condition to which such approval or consent was made subject under paragraph (a). |
[Section 11(6)(b) inserted by section 6(b) of Act No, 16 of 1962, the existing paragraph becoming paragraph (a)]
| (6)bis | A condition mentioned in subsection (6) may be imposed in such a manner as to permit of noncompliance therewith or departure therefrom with the approval or consent of the controlling authority. |
[Section 11(6)bis inserted by section 12(1) of Act No. 22 of 1944, deemed to have come into operation on the twentieth day of May, 1940]
| (7) |
| (a) | Notwithstanding any contrary provision in the Deeds Registries Act, 1937 (Act No. 47 of 1937), the transferor of any land to which any condition mentioned in subsection (6) relates, shall insert every such condition in the relevant deed of transfer, and the Registrar of Deeds shall endorse upon the title deed of any land retained by the transferor every such condition which relates to the land so retained, and the controlling authority concerned shall be entitled to enforce compliance with any such condition. |
| (b) | Any certificate of consolidated title issued in respect of any consolidated land contemplated in paragraph (b) of subsection (6) shall contain every condition to which the title to such land should be subject in terms of the said paragraph, and the controlling authority in question may enforce compliance with any such condition. |
[Section 11(7)(b) inserted by section 6(c) of Act No. 16 of 1962, the existing paragraph becoming paragraph (a)]
| (8) | Notwithstanding any provision to the contrary in the Deeds Registries Act, 1937, or any other law, the Registrar of Deeds may, with the approval in writing— |
| (a) | of the controlling authority concerned; and |
| (b) | in the case of land situated in the province of Eastern Cape, Northern Cape, North-West or Western Cape, in relation to which the Administrator concerned is not the controlling authority, also of that Administrator; |
[Section 11(8)(b) substituted by Proclamation 23, Schedule - Item 4, in Government Gazette 16340 dated 31 March 1995]
cancel any condition which has in terms of subsection (7) been inserted in a deed of transfer or certificate of consolidated title or endorsed upon a title deed.
[Section 11(8) substituted by section 6(d) of Act No. 16 of 1962]
| (9) | The cancellation of any condition in terms of subsection (8) may be effected on a written application by the registered owner of the land in question accompanied by the approval or approvals required under the said subsection and proof that the bondholder, if any, has been advised of the proposed cancellation. |
[Section 11(9) inserted by section 2 of Act No. 28 of 1952]