Mining Titles Registration Act, 1967 (Act No. 16 of 1967)

Chapter IX : Servitudes, Contracts, Tributing Agreements and Leases

42. Restriction of registration of personal servitudes
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(1) No servitude of usufruct, usus or habitatio purporting to extend beyond the lifetime of a person in whose favour it is created, and no transfer or cession of such a servitude to any person other than the holder of the right encumbered thereby, shall be registered.

 

(2) Notwithstanding the provisions of section 41, a personal servitude may be reserved by condition in a deed of transfer or cession of a right, if the reservation is in favour of the transferor or cedent.

[Section 42(2) substituted by section 34 of Act No. 24 of 2003]