Deeds Registries Act, 1937 (Act No. 47 of 1937)Chapter III : Registration of LandTransfer of Land28. Requisites where share in land partitioned is subject to other rights |
| (1) | If the share or shares owned by any of the parties to a partition appear from the title deeds of the land partitioned to be subject to a lease, personal servitude or other real right, the written consent of the holder thereof to the partition and allocation of the lease, servitude or other such real right, together with the deed, if any, by which the lease, servitude or real right is held, shall be produced to the registrar. |
[Section 28(1) substituted by section 53 of Act No. 24 of 2003 (as amended by section 1 of Act No. 11 of 2005)]
| (2) | The land described in the deeds of partition transfer shall be made subject to the lease, servitude or real right to the same extent as the share or shares for which it is substituted, and the deed, if any, by which the lease, servitude or real right is held, shall be endorsed by the registrar in the same manner as the bond mentioned in section twenty-seven. |
| (3) | If there exists any bond by which the lease, servitude or real right is itself mortgaged, that bond shall also be produced to the registrar, together with the written consent of the legal holder thereof to the partition and allocation of the lease, servitude or such other real right, and the registrar shall make the endorsements and entries mentioned in section twenty-seven on the bond, the deeds concerned and in the registers. |
[Section 28(3) substituted by section 12 of Act No. 43 of 1962]