Administration of Estates Act, 1965
R 385
Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996)Chapter III : Acquisition of ownership or other rights in land by labour tenant25. Land subject to mortgage bonds or deeds of sale |
(1) | If any land awarded under this Chapter is encumbered by a registered mortgage bond or subject to a deed of sale, the applicant shall not pay to the owner of the affected land any part of the compensation money except on terms agreed to by the owner and the mortgagee or buyer, or in accordance with an order of the Court in terms of subsection (2). |
[Subsection (1) substituted by section 39 of Act No. 63 of 1997]
(2) | If the owner of the affected land and the mortgagee or buyer fail to conclude an agreement in terms of subsection (1), the Court may within a reasonable time make an order giving directions as to the payment of the compensation money. |
[Subsection (2) substituted by section 39 of Act No. 63 of 1997]
(3) | An order in terms of subsection (2) may be made by the Court of its own accord after affording the interested parties a hearing or on application by— |
(a) | the applicant referred to in subsection (1); |
(b) | the owner of the affected land; |
(c) | the mortgagee; |
(d) | the buyer; or |
(e) | the Department of Rural Development and Land Reform. |
[Subsection (3)(e) substituted by section 28 of Act No. 4 of 2011]