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The South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998)

Chapter 5 : Official Policies on, and Declaration, Use and Protection of, National Roads

49. Agency's approval necessary for division of certain land

 

 

(1) If land or any part of land (except land or any part of land under the control of the South African Rail Commuter Corporation Limited) is situated in a building restriction area, a surveyor-general may not approve the diagram or general plan of any division of that land or part (whether for the establishment or extension of a township or for any other purpose) unless the Agency in writing has given its approval for the division.

 

(2) The Agency may refuse to give its approval only if satisfied that the division for which approval is asked may frustrate any of the objects of this Act.

 

(3)
(a) The Agency may give its approval subject to any conditions—
(i) prohibiting the division or further division of the land or of a specified part of it;
(ii) limiting the use to which the land or any specified part of it may be put;
(iii) limiting the number or extent of buildings or other structures which may be erected on the land or on any specified part of it;
(iv) prohibiting the erection, construction or establishment of any structure or other thing on or over, or below the surface of, the land, or on or over, or below the surface of, a specified part of it, within a specified distance from the road in question.
(b) In giving its approval, the Agency may stipulate that if the land or a specified part of it is consolidated with other land, the title to the consolidated land will be subject to a condition imposed under paragraph (a).

 

(4) A condition referred to in subsection (3) may be imposed in such a manner as to permit non-compliance therewith or departure therefrom with the Agency’s approval.

 

(5)
(a) Despite any contrary provision contained in the Deeds Registries Act, 1937—
(i) the person giving transfer of land to which one or more of the conditions referred to in subsection (3) apply, must insert each condition that so applies in the deed of transfer;
(ii) the Registrar of Deeds must endorse on the title deed of the land retained by the person giving transfer, each of those conditions that applies to the land so retained;
(iii) a certificate of consolidated title issued in respect of consolidated land mentioned in subsection (3)(b), must contain every condition to which the title to that land is made subject in terms of a stipulation made under that subsection.
(b) The Agency may enforce compliance with any such condition.

 

(6)
(a) Despite any contrary provision contained in the Deeds Registries Act, 1937, or any other law, a Registrar of Deeds, with the Agency’s written approval, may cancel any condition which in terms of subsection (5) has been inserted in a deed of transfer or certificate of consolidated title or has been endorsed on a title deed.
(b) The cancellation may be done on the written application of the owner of the land in question, accompanied by the Agency’s written approval therefor and proof that all mortgagees (if any) have been notified of the proposed cancellation.
(c) Transfer duty or office fees will not be payable for such a cancellation.