HOUSING (STATUTORY AND IMPROVEMENT AREAS) ACT
Arrangement of Sections
Section
PART I
PRELIMINARY
PART II
STATUTORY HOUSING AREAS
4. Declaration of Statutory Housing Areas
5. Subdivision and letting of land in Statutory Housing Areas
7. Council certificate of title
8. Council certificate of title to be conclusive evidence of interest in land
9. Registered encumbrances to be noted on council certificate
10. Interest outstanding at time of issue of certificate
PART III
REGISTRATION OF TITLES
13. When documents deemed to be registered
14. Priority determined by registration and not by execution
16. Unregistered document invalid
17. Registrar may refuse to register document
20. Official certificates of search
21. Indemnity of officers of registry
24. Mortgage by deposit of documents
PART IV
CAVEATS
26. Caveat against dealing with land
27. Particulars to be stated in caveat
28. Service of notices as to caveats
29. Effect of caveat against dealings
30. Notice of caveat to be given to persons affected
31. Removal of caveat and compensation
PART V
RECTIFICATION OF TITLES:
CANCELLATION OF ENTRIES AND CORRECTION OF DOCUMENTS
33. Wrongful or fraudulent entries or retention of documents
PART VI
TRUSTS
34. No entry of trusts to be made on register except those specially authorised
PART VII
SPECIAL POWERS AND DUTIES OF REGISTRAR
PART VIII
IMPROVEMENT AREAS
37. Declaration of Improvement Areas
38. Subdivision and control of Improvement Areas
PART IX
MISCELLANEOUS
40. Construction of buildings in Statutory Housing Areas or Improvement Areas
42. No dealing with land except with the council's consent
43. Loss of certificate of title
46. Registrar may submit special case
48. Certain Acts not to apply to Statutory Housing Areas or Improvement Areas
AN ACT
to provide for the control and improvement of housing in certain areas; and to provide for matters connected with or incidental thereto.
[1st June, 1975]
Act 30 of 1974,
Act 13 of 1994,
Act 42 of 2010.
PART I
PRELIMINARY
This Act may be cited as the Housing (Statutory and Improvement Areas) Act.
Notwithstanding anything to the contrary contained in any written law, the provisions of any such law, in so far as they are inconsistent with the provisions of this Act, shall not apply to any land comprised in a Statutory Housing Area or in an Improvement Area.
In this Act, unless the context otherwise requires—
“certificate of title” or “council certificate of title” means certificate of title to land issued in accordance with the provisions of this Act;
“charge” means any charge created on land for the purpose of securing the payment of money and also the document by which the charge is created;
“chargee” means the person in whose favour the charge is created, and includes the person for the time being entitled to the benefit of such charge;
“council” means a Municipal Council, township council, rural council or any other council established under the Local Government Act;
…
[“court” rep by s 2 of Act 42 of 2010.]
“dealing” means any transaction of whatever nature affecting land;
“document” means a document of lease or grant under which a council derives any leasehold interest in respect of land situated in a Statutory Housing Area or in an Improvement Area, and includes any other document referred to in this Act;
“dwelling” means any building or structure or part of any building or structure designed to operate or to be used as living accommodation, and includes any yard or garden appurtenant thereto or enjoyed therewith;
“grant” means a grant of land for a term of years certain made to a council for the purposes of this Act;
“improvement” includes a building or any other structure of whatever kind on land;
“Improvement Area” means any area of land declared as such in accordance with the provisions of this Act;
“land” means—
(a) in relation to Parts II to VII inclusive, land within a Statutory Housing Area;
(b) in relation to Part VIII, land within an Improvement Area; and
(c) where applicable, in relation to Part IX, land within a Statutory Housing Area or in an Improvement Area, as the case may be;
and in any such cases includes anything attached to the earth or permanently fastened to anything which is attached to the earth, but does not include any mineral right in or under or in respect of any such land;
“Lands Tribunal” means the Tribunal provided for under section 3 of the Lands Tribunal Act, 2010;
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.