Conveyancing Knowledgebase

26. Deeds of partition transfer

26. Deeds of partition transfer.—(1) If two or more persons who own in undivided shares the whole of any piece or pieces of land, have agreed to partition that land, the registrar shall, on production to him of a power of attorney by such persons authorizing the passing of deeds of partition transfer of such land in accordance with the agreement of partition, which agreement shall be embodied in the power of attorney or annexed thereto, and on compliance with the further provisions of this section, attest deeds of partition transfer which shall be as nearly as practicable in the prescribed form, conveying to the respective owners the land or shares therein awarded to them under the said agreement.

(1)bis . . . . . .

[Sub-s. (1)bis inserted by s. 11 of Act No. 43 of 1962 and repealed by s. 53 of Act No. 24 of 2003 (as substituted by s. 1 of Act No. 11 of 2005).]

Wording of Sections

(2) In the power of attorney or agreement of partition referred to in subsection (1) there shall be described—

(a) the land to be partitioned;

(b) the share or shares registered in the name of each joint owner;

(c) the land or share therein awarded to each of the owners;

(d) the conditions (if any) affecting any land or share therein so awarded; and

(e) the consideration (if any) given for the purpose of equalizing the partition.

(3) There shall also be produced to the registrar the title deeds of the land to be partitioned and the necessary diagrams: Provided that no new diagram need be produced in respect of the whole or the remaining extent of any one of the pieces of land to be partitioned.

(4) Subject to the provisions of this section, the provisions of sections twenty, twenty-one, twenty-two and twenty-three shall mutatis mutandis apply in respect of deeds of partition transfer.

(5) Any deed of partition transfer attested under subsection (1) shall in respect of the land therein described take the place of the deed or deeds by which it was previously held, but the partition transfer shall not vary or affect the conditions of tenure of the said land or any other conditions affecting the said land generally, save in so far as such last-mentioned conditions may be varied, defined or limited by the agreement of partition or the consents of interested parties.

(6) The provisions of this section shall mutatis mutandis apply to a partition of land ordered by the court or determined by an award of arbitrators.

(7) The provisions of this section shall also apply to partitions of land registered in different deeds registries. [Sub-s. (7) added by s. 11 of Act No. 43 of 1957 and substituted by s. 10 of Act No. 87 of 1965.]

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