| (1) | If it is expressly provided in— |
| (b) | a registered deed creating or evidencing a servitude, |
that it shall lapse upon failure to make regularly any periodical payments mentioned therein, the registrar shall upon written application accompanied by an affidavit by the lessor or grantor of the registered right (as the case may be) that the said periodical payments have not been duly made, cancel the registration of the lease or servitude: Provided that—
| (i) | if the address of the lessee or grantee is stated in the registered document, or the address or any change thereof has been notified to the registrar, notice shall be given to such lessee or grantee by the applicant by prepaid registered letter that cancellation of the registration of the document is sought on the ground of failure to make the periodical payments mentioned therein, and that unless written objection to the cancellation specifying the grounds of objection is lodged with the registrar within one month, if the address is in the Republic, or within three months or such further period as the registrar may in special circumstances determine, if the address is outside the Republic, application will be made to the registrar for cancellation of the registration of the said document; |
| (ii) | if the address of the lessee or grantee is not stated in the document or has not been notified to the registrar as aforesaid, the applicant shall publish the notice aforesaid once in the Gazette and twice in a newspaper published in the division or district in which the land in question is situated (or if there be no such newspaper then in any newspaper circulating in such division or district) and in a newspaper (to be indicated by the registrar) circulating in the division or district of the lessee's or grantee's last-known address, which shall be disclosed by the applicant in an affidavit; |
| (iii) | if any objection is lodged which, in the registrar's opinion, discloses reasonable ground for refusing cancellation of the registration, he shall not cancel it until the objection is withdrawn or falls away or cancellation is ordered by the court; |
| (iv) | if any of the rights to be cancelled are mortgaged, notice in writing shall be given by the applicant by prepaid registered letter to the mortgagee of the intention to cancel such rights, before the cancellation is effected. |
[Section 90(1) substituted by section 53 of Act No. 24 of 2003 (as amended by section 1 of Act No. 11 of 2005)]
| (2) | For the purposes of this section the lessor or grantor means— |
| (a) | in the case of a registered lease of land or a registered deed of servitude, the person who from the records in the deeds registry appears to be the owner of the land concerned; and |
| (b) | [Section 90(2)(b) repealed by section 53 of Act No. 24 of 2003] |
