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Land Titles Adjustment Act, 1993 (Act No. 111 of 1993)

10. Allocation and transfer of designated land

 

 

(1) Subject to the provisions of section 12, the commissioner shall allocate to an applicant who in terms of a finding under section 9 is entitled to be registered as an owner in respect of the designated land concerned, or an undivided share in or a defined portion of such land, the land, share or portion, as the case may be, in respect of which such applicant is in terms of such finding so entitled.

 

(2)

(a) If all the applicants to whom undivided shares in one or more pieces of designated land have been allocated under subsection (1) or who are entitled to such an allocation, submit to the commissioner within two months from a dated fixed by the commissioner a written partition agreement entered into with reference to such land by such applicants and the registered owners of undivided shares in such land who are not applicants (if there are any such owners), the commissioner shall, after subdivision of the land, allocate the different portions in accordance with the partition agreement.
(b) The provisions of paragraph (a) shall not apply with reference to a piece of land referred to in section 12(1).
(c) If a diagram of the different portions or any particular portion referred to in paragraph (a), which has been approved by the surveyor-general, is not available, the commissioner shall cause the necessary survey to be carried out in accordance with the partition agreement.
(d) For the purposes of the allocation and transfer of the defined portions concerned in accordance with the partition agreement, the registered owners referred to in paragraph (a) shall be regarded as applicants.

 

(3) The commissioner may under subsection (1) or (2) and at his discretion or in accordance with the relevant finding or the partition agreement, as the case may be, allocate an undivided share in, or a defined portion of, land to one applicant or to two or more applicants jointly.

 

(4) When the commissioner has allocated land or an undivided share in or a defined portion of land to an applicant, he shall—
(a) by written notice, which shall be handed to the applicant or sent to him by registered post, advise the applicant of the allocation and of the date thereof;
(b) if no direction under section 5(7) was published, require him to pay the amount due by him to the Director-General under section 5(2) in respect of the share or portion concerned, within three months from a date mentioned in the notice, or to make arrangements to the satisfaction of the Director-General within that period for the payment thereof.

 

(5) As soon as the commissioner is satisfied that the applicant has paid the amount referred to in subsection (4), or has made the arrangements for the payment thereof, he shall transfer the land, undivided share or defined portion concerned to that applicant.

 

(6) If a direction was published under section 5(7), the commissioner shall cause the land, share or portion concerned to be transferred to the person entitled thereto and such land, share or portion shall, subject to the provisions of this Act, be registered in terms of the Deeds Registries Act, 1937 (Act No. 47 of 1937), and shall be exempted from payment of transfer duty, stamp duty or other fees.

 

(7) The designated land, or the undivided share in or defined portion of such land, shall, subject to the provisions of subsection (8), be transferred under subsection (5) or (6) subject to all rights registered against the land concerned, or the land of which the designated land, or the share or portion concerned, is a part, at the date of the transfer.

 

(8) If the undivided share in respect of which a defined portion has been allocated to an applicant under subsection (2) and such portion are to be transferred to him under subsection (5) or (6), are burdened with a registered mortgage or are the subject of a trust, fideicommissum, usufruct or other encumbrance by virtue of a will or other disposition in writing, such defined portion shall be deemed, in place of such undivided share, to be burdened with the mortgage or to be the subject of the trust, fideicommissum, usufruct or other encumbrance, as the case may be, and shall be transferred accordingly.

 

(9) A reference in a mortgage bond, will or other document to an undivided share referred to in subsection (8), shall for the purposes of that subsection be construed as a reference to the relevant defined portion referred to in that subsection.

 

(10) The registrar of deeds shall make such endorsement on the registry duplicate and, upon the production thereof to him, on the original of any registered document relating to a mortgage, trust, fideicommissum, usufruct or other encumbrance referred to in subsection (8), as he may deem necessary in order to give effect to the provisions of that subsection and subsection (9).

 

(11) If an applicant dies after his application has been submitted to the commissioner but prior to the allocation or transfer of the land referred to in such application, such land may be allocated or transferred to the deceased's successor in title or heir after the claim of the successor in title or heir has been proved to the satisfaction of the commissioner.