Upgrading of Land Tenure Rights Act, 1991 (Act No. 112 of 1991)Chapter 1 : Conversion of Land Tenure Rights into Ownership5. Continuation of title conditions, servitudes, mortgage bonds, etc. |
| (1) | Ownership vested in any erf or any piece of land by virtue of any conversion in terms of section 2 or 3 shall, subject to subsections (2) and (3), be subject to— |
| (a) | any condition, servitude, mortgage bond or other right registered immediately before such conversion— |
| (i) | in the case of any erf or any other piece of land in a township, against the title of the land on which the township is situated; |
| (ii) | in the case of any piece of land which does not form part of a township, against the title of that land; and |
| (b) | any condition, servitude, mortgage bond or other right registered immediately before such conversion against the title of land right of such erf or piece of land. |
| (2) | Ownership vested in any erf or any piece of land by virtue of any conversion in terms of section 2 or 3, shall not be subject to a provision of any condition, servitude, mortgage bond or other right referred to in subsection (1), in so far as such provision— |
| (a) | placed any restriction one period for which the land tenure right concerned was granted; placed any restriction, othet than by virtue of an agreement to which the holder of such land tenure right was a party, on the capacity of the holder to alienate, bequeath, let, hypothecate or otherwise deal with such land tenure right; |
| (b) | placed any restriction on the transfer of such land tenure right to, or on the possession, use or occupation of such erf or piece of land by, any person of a particular population or ethnic group or who is not of a particular population or ethnic group; or |
| (c) | imposed any obligation on the holder of such land tenure right to pay any royalty or similar periodic levy to the person who was the owner of such erf or piece of land for the continued existence of such land tenure right. |
| (3) |
| (a) | If a mortgage bond has been registered over the land on which a formalized township referred to in section 2(1)(a) or (b) or 3(1)(a) is situated, the mortgage bond shall lapse in respect of those erven and other pieces of land in the township in respect of which ownership is vested by virtue of any conversion in 60 terms of section 2 or 3. |
| (b) | Paragraph (a) shall not affect the continuation of such mortgage bond in respect of erven and other pieces of land in the township concerned which are not affected by any conversion in terms of section 2 or 3. |