Upgrading of Land Tenure Rights Act, 1991 (Act No. 112 of 1991)Chapter 1 : Conversion of Land Tenure Rights into Ownership7. Cancellation of certain servitudes and restrictive conditions relating to formalized townships |
| (1) | The Minister may by notice in the Official Gazette cancel— |
| (a) | any servitude registered against the title of the land on which a formalized township is situated and which m his opinion is not being utilized beneficially or, as a result of the township situated on such land, cannot be utilized; |
| (b) | any restrictive condition so registered or otherwise operative in respect of such land, |
if he is of the opinion that any such servitude or condition is inconsistent with, or undesirable with reference to, the use or occupation or the further development or subdivision of such land as a township.
| (2) | A cancellation under subsection (1) shall take effect— |
| (a) | in the case of any township for which a township register has been opened, 60 days after the date of publication of the notice; or |
| (b) | in the case of any township for which a township register has not yet been opened, 60 days after the date of publication of the notice or, if the township register is not yet opened after the expiry of the said period, at the opening of the township register. |
| (3) | The Minister may at any time before any cancellation is effected in terms of subsection (2) withdraw by notice in the Official Gazette a notice under subsection (1), or the cancellation of any particular servitude or condition specified therein. |
| (4) | A notice under subsection (1) shall specify the fact that a cancellation specified in the notice shall take effect 60 days after the date of publication of the notice or at the opening of the township register, as the case may be, as well as that such cancellation may be withdrawn prior to the expiry of the said period or prior to the opening of the register, as the case may be. |
| (5) | Subsection (1) shall not be construed as authorizing the cancellation of any registered right to minerals over the land concerned. |
| (6) | The cancellation of a servitude or condition registered against the title of the land on which a township is situated under this section shall, in the case of a township for which a township register has been opened, also be effectual in respect of any title of an erf or other piece of land in the township against which such servitude or condition is registered. |
| (7) |
| (a) | In order to give effect to subsections (1) and (6), the registrar of deeds concerned shall make the necessary entries and endorsements in respect of his registers and other documents, as well as in respect of any relevant documents produced to him. |
| (b) | No stamp duty or other fees shall be payable in respect of any such entries and endorsements. |