Mining Titles Registration Act, 1967 (Act No. 16 of 1967)Chapter IX : Servitudes, Contracts, Tributing Agreements and Leases41. Registration of servitudes and contracts |
| (1) | A servitude or contract shall be created by means of a deed executed before and attested by a notary public, and any amendment, modification, cession or cancellation of such a servitude or contract shall likewise be effected by notarial deed. |
[Section 41(1) substituted by section 33(a) of Act No. 24 of 2003]
| (2) | Each notarial deed shall contain a description of the rights encumbered by the servitude or contract together with a reference to the diagram or plan, defining the servitude, the rights or any part thereof to which the notarial deed relates and shall mention the title deed evidencing the encumbered rights. |
[Section 41(2) substituted by section 33(b) of Act No. 24 of 2003]
| (3) |
| (a) | For the purposes of the registration of the notarial deed there shall be produced a signed original of the deed to be filed in the Mineral and Petroleum Titles Registration Office, together with such further originals or copies certified by a notary public as may be prescribed, accompanied by a diagram or plan depicting the area of the right. |
[Section 41(3)(a) substituted by section 33(c) of Act No. 24 of 2003]
| (b) | [Section 41(3)(b) deleted by section 33(d) of Act No. 24 of 2003] |
| (4) | If the servient rights or the rights to which the contract relates are mortgaged or subject to any other encumbrance with which the servitude or contract may conflict, the bond or other registered deed evidencing such other encumbrance, shall be produced together with the consent in writing of the legal holder thereof to the registration of the servitude or contract. |
| (5) | [Section 41(5) deleted by section 33(e) of Act No. 24 of 2003] |