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

Chapter IX : Servitudes, Contracts, Tributing Agreements and Leases

43. Registration of lapse of personal servitude

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(1) If for any reason any servitude or contract has lapsed, the Director-General shall note such lapsing on the title deed of the right and of the servitude and contract, on written application by the holder of the right encumbered thereby, accompanied by proof of such lapsing, the title deed evidencing the right, the deeds of servitude and contract accompanied by the appropriate diagram or plan.

 

(2) Cancellation of the registration of a personal servitude in pursuance of an agreement between the holder of the right encumbered and the holder of the servitude shall be effected by notarial deed, subject to the provisions of this Act, and no such deed relating to any such servitude which is mortgaged shall be registered unless the mortgagee has given written consent to the cancellation of the bond or the release of the servitude from its operation.

 

[Section 43 substituted by section 35 of Act No. 24 of 2003]