Land Acquisition Act (consolidated to 10-5-02)
occupy, hold or use that land 45 days after the date of service of the order upon the owner or
occupier, and if he fails to do so, he shall be guilty of an offence and liable to a fine not exceeding
$20,000 or to imprisonment for a period not exceeding two years or to both such fine and such
imprisonment:
Provided that
(i) the owner or occupier of that land may remain in occupation of his living quarters on that land for
a period of not more than 90 days after the date of service of the order;
(ii) the owner or occupier shall cease to occupy his living quarters after the period referred to in
proviso (i), and if he fails to do so he shall be guilty of an offence and liable to a fine not
exceeding $20,000 or to imprisonment for a period not exceeding two years or to both such fine
and such imprisonment.
(2) A court which has convicted a person of an offence in terms of paragraph (b) of subsection (1) or
proviso (ii) thereto shall issue an order to evict the person convicted from the land to which the offence relates.
[Section substituted by s. 3 of Act 6/2002.]
10 Registration of land acquired
(1) Where the ownership of any land has vested in an acquiring authority in terms of subsection (1) of
section 8, the acquiring authority shall, as soon as practicable thereafter, notify the Registrar of Deeds in
writing of that fact and lodge with him—
(a) a copy of the order made in terms of that subsection or, where no such order was required in terms of
proviso (iii) to that subsection, written confirmation to that effect; and
[Paragraph substituted by s. 4 of Act 6/2002.]
(b) if the ownership of part only of a piece of land has vested in the acquiring authority, a diagram signed
by a land surveyor showing the extent of the land acquired.
(2) Where a servitude has vested in an acquiring authority in terms of subsection (1) of section 8, the
acquiring authority shall notify the Registrar of Deeds of that fact and the Registrar of Deeds shall make such
entries in his registers and endorsements on deeds registered in the Deeds Registry as he considers
necessary, and for that purpose may require the acquiring authority to lodge with him a diagram of the land
affected by the servitude showing the nature and extent of the servitude.
(3) On receiving notification in terms of subsection (1) the Registrar of Deeds shall, subject to
subsection (5) of section 7—
(a) if the whole of a piece of land has vested in the acquiring authority, record the acquisition by making
the appropriate entries in his registers and an endorsement on the registry duplicate of the title deed
of the piece of land concerned and, if at any time the owner’s copy of such deed is lodged in the
Deeds Registry for any purpose, he shall cause a similar endorsement to be made thereon;
(b) if part only of a piece of land has vested in the acquiring authority and paragraph (b) of subsection (1)
has been complied with—
(i) issue and register a title deed in respect of that part in a form approved by the Chief Registrar of
Deeds and annex thereto the diagram referred to in paragraph (b) of subsection (1); and
(ii) endorse the fact of the acquisition on the registry duplicate of the title deed of the piece of land
concerned and, if at any time the owner’s copy of such deed is lodged in the Deeds Registry for
any purpose, he shall cause a similar endorsement to be made thereon;
(c) if part only of a piece of land has vested in the acquiring authority, not register any transfer or real
right in respect of the remainder of such piece of land until the title deed referred to in
subparagraph (i) of paragraph (b) has been registered.
(4) No duty, fee or other charge of office shall be payable in respect of any entry or endorsement or any
cancellation of any entry or endorsement made or title deed issued in terms of this section.
10A Revocation of order acquiring land
(1) Subject to this section, not later than six months after making an order in terms of subsection (1) of
section 8 the acquiring authority may revoke the order, and thereupon ⎯
(a) ownership of the land concerned shall vest again in the person in whom it vested immediately before
the order was made; and
(b) any rights, interests or encumbrances affected by the order shall continue to apply in all respects as if
the order had not been made.
(2) A revocation of an order in terms of subsection (1) shall be done by notice in the Gazette, which
notice shall—
(a) describe the land concerned; and
(b) specify the names of the owner of the land concerned and the holder of any registered real right
therein:
Provided that, unless the whereabouts of the owner or holder are unknown to the acquiring authority after
diligent inquiry at the Deeds Registry and, if necessary, in the appropriate companies register, the acquiring
authority shall cause a written notice of the revocation to be served on the owner and on the holder as soon as
possible after the publication of the notice in the Gazette.
(3) As soon as practicable after revoking an order in terms of subsection (1), the acquiring authority shall
notify the Registrar of Deeds of the revocation, and subsections (3) and (4) of section 10 shall apply, mutatis
mutandis, in relation to the revocation.
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