Deeds Registries Act, 1937 (Act No. 47 of 1937)Chapter VI : Rights in Immovable PropertyLeases77. Registration of leases and subleases |
| (1) | Save where provision to the contrary is made in any law, any lease or sublease of land and any cession of such a lease or sublease intended or required to be registered in a deeds registry, shall be executed by the lessor and the lessee or by the lessee and the sublessee or by the cedent and the cessionary, as the case may be, and shall be attested by a notary public: Provided that any such lease shall be registered for the full term thereof, including periods of renewal. |
[Section 77(1) substituted by section 53 of Act No. 24 of 2003]
| (1)bis | Whenever a cession of a lease is to be registered in respect of any portion of the land leased, a notarial copy of the lease shall be attached to such cession and after registration such cession with the notarially certified copy of the lease annexed thereto shall be deemed to be the title to the portion of the lease so ceded, and for any subsequent registration in respect thereof it shall be part of the title. |
[Section 77(1)bis inserted by section 29 of Act No. 87 of 1965]
| (2) | If the land leased or subleased is mortgaged or subject to rights of any other person it shall not be necessary for purposes of registration of the lease or sublease or any cession thereof to produce the bond or the other deed whereby such rights are held or the consent of the legal holder thereof. |
[Section 77(2) substituted by section 53 of Act No. 24 of 2003]