Deeds Registries Act, 1937 (Act No. 47 of 1937)Chapter VI : Rights in Immovable PropertyPraedial Servitudes75. Creation of praedial servitude by notarial deeds |
| (1) | A praedial servitude in perpetuity or for a limited period may be created by means of a deed executed by the owners of the dominant and servient tenements and attested by a notary public. |
| (2) | [Section 75(2) deleted by section 20 of Act No. 14 of 1993] |
| (2)bis | If it is sought to cancel a servitude, and the dominant tenement is mortgaged, the bond shall be produced together with the consent in writing of the legal holder thereof to the registration of the cancellation. |
[Section 75(2)bis inserted by section 34 of Act No. 43 of 1957]
| (3) | The provisions of subsections (2) and (3) of section sixty-five shall mutatis mutandis apply in respect of praedial servitudes. |