Deeds Registries Act, 1937 (Act No. 47 of 1937)

Regulations

Deeds Registries Amendment Regulations, 2021

Miscellaneous (Regs 71 to 79bis)

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71.No preparation, lodgment or registration of deeds or other documents shall be done in a Deeds Registry by means of correspondence.

[Regulation 71 substituted by regulation 5 of Notice No. R. 1224 of 2003]

 

72.[Regulation 72 deleted by regulation 17 of Notice No. R. 292 of 2010]

 

73.

(1)[Regulation 73(1) deleted by regulation 18(a) of Notice No. R. 292 of 2010]

 

(2)A diagram shall be annexed to each copy of the relevant deed in respect of leases and subleases of land and cessions thereof affecting only a portion of land held under such deed, and to notarial releases of any part of the property leased and also to deeds creating or defining servitudes and real rights whether created or defined by the parties thereto or by order of the Court or a Water Court: Provided that a servitude feature of uniform width, or a servitude feature at a specified distance from and parallel to a surveyed line shown on a registered diagram, in either instance extending along the entire length of such surveyed line other than a servitude for road widening purposes, may be registered by description without a supporting diagram: Provided further that any other servitude may, at the discretion of the Surveyor-General, be registered if he or she is satisfied that such servitude can be plotted on the diagram of the land affected: Provided further that a diagram need not be annexed to each copy of a deed creating or defining a servitude if such servitude is represented on a general plan filed in a Deeds Registry: Provided further that nothing in this subregulation shall exclude the registration of a servitude in general terms.

[Regulation 73(2) substituted by regulation 8 of Notice No. R. 547 of 2015]

 

(2A)[Regulation 73(2A) deleted by regulation 8 of Notice No. R. 195 of 2013]

 

(3)For the purposes of this regulation the Registrar shall not accept for registration any deed to which there is attached any sketch or plan other than a diagram.

 

(4)[Regulation 73(4) deleted by regulation 18(d) of Notice No. R. 292 of 2010]

 

74.If any lease or licence is tendered for registration under the provisions of the State Land Disposal Act, 1961, it shall be sufficient if there are annexed to the deeds so lodged, compilation plans of the land dealt with certified by the Surveyor-General.

[Regulation 74 substituted by regulation 19 of Notice No. R. 292 of 2010]

 

75. [Regulation 75 deleted by regulation 20 of Notice No. R. 292 of 2010]

 

76.The holder of a real right mentioned in subsection (1) of section sixty-four of the Act may transfer the whole thereof (if transferable), without first obtaining a certificate as mentioned in the said section.

 

77.When a Registrar effects registration of any change in the name of a person or partnership by virtue of the authority vested in him by section ninety-three of the Act he shall, if there is evidence indicating that the name of the applicant appears in any deed, document, or power of attorney mentioned in such section registered in another Registry, notify the Registrar in charge thereof of such registration.

 

78.[Regulation 78 repealed by regulation 14 of Notice No. R. 1892 of 1983]

 

79.[Regulation 79 repealed by regulation 23 of Notice No. R. 359 of 1982]

 

79bis.lt shall be the duty of the Registrar to notify the Surveyor-General concerned of the registration of a general plan and where any act of registration affects a diagram.

[Regulation 79bis. substituted by regulation 3 of Notice No. R. 1418, GG 42813, dated 1 November 2019]