Land Reform: Provision of Land and Assistance Act, 1993 (Act No. 126 of 1993)9. Registration of ownership |
| (1) | If ownership in a piece of land referred to in section 5 is transferred, the developer shall, as soon as the surveying thereof is completed, lodge a deed of transfer, made out in the name of the person to which such piece of land has been alienated, on the form prescribed for that purpose under the Deeds Registries Act, 1937 (Act No. 47 of 1937), at the deeds registry, whereupon the registrar of deeds shall register such piece of land in the name of that person. |
[Subsection (1) substituted by section 68 of Act No. 67 of 1995]
| (2) | A deed of transfer referred to in subsection (1) shall be prepared by— |
| (a) | a conveyancer; or |
| (b) | if the owner of the piece of land is the State or any local government body, any officer in the public service or person in the employ of such local government body, as the case may be, who has been designated for the purpose by the Minister, a Premier or a local government body, as the case may be. |
[Subsection (2) substituted by section 68 of Act No. 67 of 1995]
| (3) | A deed of transfer referred to in subsection (1) shall be in the form prescribed under the Deeds Registries Act, 1937, and shall be signed by the owner of the piece of land or his or her duly authorised agent in the presence of a conveyancer referred to in subsection (2)(a) or an officer or person referred to in subsection (2)(b) in the manner prescribed under that Act. |
[Subsection (3) substituted by section 68 of Act No. 67 of 1995]
| (4) | An officer or person referred to in subsection (2)(b)— |
| (a) | shall disclose the fact that the deed of transfer referred to in subsection (1), or any power of attorney, application or consent, which may be required by the registrar for the purposes of the registration of the transfer was prepared by him or her, by signing an endorsement to that effect on the deed of transfer, power of attorney, application or consent, as the case may be, and by virtue of such signing accepts, mutatis mutandis, in terms of section 15A(1) and (2) of the Deeds Registries Act, 1937, responsibility for the correctness of the facts stated in any such document; and |
| (b) | may, despite anything to the contrary contained in any other law, perform all of the functions of conveyancer in relation to the registration of a deed of transfer as contemplated in this section. |
[Subsection (4) substituted by section 68 of Act No. 67 of 1995]
| (5) | A conveyancer, officer or person referred to in subsection (2) shall lodge the deed of transfer together with the necessary supporting documents at a deeds registry in the manner prescribed under the Deeds Registries Act, 1937. |
[Subsection (5) inserted by section 68 of Act No. 67 of 1995]
| (6) | The registrar shall deal with a deed of transfer and other documents referred to in subsection (5) as if such deed of transfer were executed in the presence of the registrar in terms of section 20 of the Deeds Registries Act, 1937. |
[Subsection (6) inserted by section 68 of Act No. 67 of 1995]
| (7) | Ownership of the piece of land shall be deemed to have been transferred on the date of registration by the registrar of a deed of transfer referred to in subsection (1). |
[Subsection (7) inserted by section 68 of Act No. 67 of 1995]
| (8) | [Subsection (8) repealed by section 3 of Act No. 58 of 2008] |