Abolition of Certain Title Conditions Act 43 of 1999

Abolition of Certain Title Conditions Act, 1999 (No. 43 of 1999)

(English text signed by the President.)
(Assented to 18 November 1999.)

Act

• to provide for the abolition of certain conditions in terms which the consent or permission of the holder of an office under the Republic, the former Union of South Africa or any dominium, colony or republic which preceded the former Union of South Africa, is required for the alienation or transfer of immovable property from one person to another; and
• to provide for matters connected therewith.  

BE IT ENACTED by the Pal-liament of the Republic of South Africa, as follows:—

Abolition of conditions

1. (1) Notwithstanding anything to the con~ary contained in any law, but subject to section 2, any condition registered against any title before the commencement of this Act, whereby the consent or permission of the holder of an ofice under the Republic, the former Union of South Africa or any dornini~tm, colony or republic which preceded the former Union of South Africa is required for the alienation or transfer of immovable property from one person to another, is hereby abolished.

(2) The registrar of deeds concerned must, in respect of each such condition, make such entries and endorsements in his or her registers or other documents as may be necessary to give effect to the provisions of subsection (1).

Exclusions from application of Act

2. Section 1 does not apply to any condition registered against a title, if such condition—

(a) is imposed under any town planning scheme:

(b) is imposed under a land use control mechanism having the effect of a townplanning scheme;

(c) affects rights to minerals;

(d) determines a period during which a piece of land may not be alienated or transferred, if such period has not expired;

(e) determines that the ownership of a piece of land will revert to the State if that condition is breached;

(f) determines that the State may resume ownership of a piece of land for public purposes;

(g) establishes a right of pre-emption in favour of the State;

(h) was imposed as a condition of a permit or authorisation issued in terms of the Water Act, 1956 (Act No. 54 of 1956), before the repeal of that Act by the National Water Act, 1998 (Act No. 36 of 1998);

(i) relates to land owned by the State; or

(j) relates to land of which the holder of the office in question is the nominal owner, holding it in a fiduciary capacity.

Short title

3. This is the Abolition of Certain Title Conditions Act. 1999.

Commencement

24 November 1999