Land Survey Act, 1997 (Act No. 8 of 1997)RegulationsRegulations promulgated in terms of Section 10 of the Land Survey Act, 1997 (Act No. 8 of 1997)21. Servitudes |
| (1) | When a new subdivisional boundary fails in close proximity to an existing servitude which is not indicated on the diagram of the relevant subdivision, the land surveyor shall furnish the Surveyor-General with a certificate to the effectthat the subdivision is not affected by such servitude. |
| (2) | When it is intended to create a servitude over a portion of land upon transfer of such portion, unless represented on a separate diagram, the features or boundaries defining such servitude may be represented on the relevant subdivisional diagram together with a note describing such servitude. The note shall be in the form of a direct statement and shall contain no condition which it is proposed to attach to the servitude. |
| (3) | If upon transfer of a portion of land a servitude is to be registered against the remainder or against contiguous or neighbouring land, the features or boundaries defining such servitude may be represented and described on the subdivisional diagram. If the figure or the servitude cannot conveniently be represented to the scale of the diagram it may be shown in an inset plotted to a different scale. |
| (4) | When a servitude is not registered in a Deeds Registry and the only indication of its existence is a note on a registered diagram, the identical words used on such diagram shall be reproduced in a similar position on any subdivisional diagram representing land affected by such servitude: Provided that such note shall not be altered or omitted except as a result of an order of competent authority, the registration of a notarial deed to remove any uncertainty, or of a lapsing by merger. |
| (5) | When a servitude encumbers land extending beyond the limits of the feature determining the position of the servitude, the servitude note shall, whenever practicable, refer to the area concerned as a servitude area. |
| (6) | For the purpose of registering a servitude or lease area which is not situated at ground level, the elevation of that servitude or lease area above mean sea level, as determined from trigonometrical stations, shall be reflected on the diagram depicting that servitude or lease: Provided that, where such servitude or lease area is situated in or adjacent to a building or permanent structure, the position of that servitude or lease area should also refer directly to that structure: Provided further that, if it is not practical to determine the elevation, relative to the mean sea level, the difference in height between the servitude or lease area and two permanent survey stations in the near vicinity, shall be recorded. |
[Regulation 20(6) substituted by section 9 of Notice No. 2249 of 2001]