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For expert advice contact
our experienced staff
T: +27 (12) 425 3400
www.macrobert.co.za
Attorneys’,Conveyancers’
and Notaries:
jvanbroekhuizen@macrobert.co.za
jessica.jvrensburg@macrobert.co.za
dduplooy@macrobert.co.za
Property Specialist:
awest@macrobert.co.za
Property Liaison Manager:
dloubser@macrobert.co.za
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Creation of Positive and Negative Personal Servitudes
It is important to distinguish between positive and negative personal servitudes. The reason is due to the fact that different sections of the Deeds Registries Act 47 of 1937 (“the Act”) apply when creating and registering these servitudes.
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Interpretation of Increased Jurisdiction
In terms of the provisions of Regulations 920 and 921, both advertised in the Regulation Gazette No. 10320 of the Government Gazette No. 38238 dated 24 November 2014, guidance has been provided as to the date of implementation of the increased jurisdiction.
Massing and Adiation vis-à-vis Massing and Election
Uncertainty, from a conveyancing perspective, prevails with regard to massing and adiation, and massing and election. In this article it will be endeavored to shed more light on the difference between the two, and to indicate what impact it has on the transfer of immovable property emanating from an estate where massing occurred.
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The Registerability of Contingent Usufructs and Related Matters
Section 66 of the Deeds Registries Act 47 of 1937 limits the duration of a usufruct to the lifetime of the person in whose favour it was created, and further restricts the cession thereof to the owner of the land encumbered thereby. Strictly, according to the above section, a contingent usufruct is not capable of being registered. However, practice does allow for the registration of such contingent right.
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