Deeds Registries Act, 1937 (Act No. 47 of 1937)Chapter III : Registration of LandTransfer of Land18. Manner of dealing with State land |
| (1) | The ownership of unalienated State land may be transferred from the State only by a deed of grant issued under proper authority, and, except where otherwise provided in this Act or the regulations, or unless the land is represented on a general plan, the deed of grant must have a diagram of the land annexed thereto. |
[Section 18(1) substituted by section 4 of Act No. 93 of 1998]
| (2) | The ownership of land alienated from and reacquired by the State may be transferred from the State either by deed of grant or by deed of transfer issued or executed, as the case may be, under proper authority, but in either case the deed of grant or transfer shall contain a reference to the title deed by which the State held the land and to the title deed to which the diagram of the land is annexed and shall set forth the conditions upon which the land is alienated and the rights to the land reserved by the State on this alienation. |
| (3) | If any piece of unalienated State land has been surveyed and is represented on a diagram the registrar concerned shall, upon written application by the Minister of Public Works or an officer of the State authorized by him, accompanied by the diagram of the land in duplicate, enter particulars of the land in the appropriate registers and execute in the prescribed form and in accordance with the diagram, a certificate of registered State title thereof prepared by a conveyancer. |
[Section 18(3) substituted by section 10 of Act No. 14 of 1993]
| (4) | Transfer of the ownership of land held by the State under certificate of registered State title shall be effected by deed of grant issued under proper authority, but it shall not be necessary to annex a diagram of the land thereto: Provided that the grant shall contain a reference to the certificate and to the diagram annexed to the certificate. |
| (5) | No deed (other than a deed of grant conveying ownership) purporting to create or deal with or dispose of any real right in any piece of unalienated State land shall be capable of registration until a certificate of registered State title has been executed in respect of that piece of land. |