Cap. 20:29 42 LAND COMMISSION No.12/2017 Entries in Register to be conclusive proof of partially alienated State land right (1) Every entry in the Register of a partially alienated State land right shall be deemed to be the definitive record of such right, and in the event of any inconsistency between such entry and any other record of such right kept in terms of this Act or otherwise, the entry in the Registry shall prevail as proof of the partially alienated State land right or any particular thereof. (2) A document (including one issued pursuant to section 40(4)(b) or (5)(b)) purporting to be a certificate issued by the Registrar of the contents of any entry in the Registry shall be admissible in any proceedings on its production by any person as prima facie evidence of such contents. PART IX STATUTORY SERVITUDES IN RELATION TO PARTIALLY ALIENXI'ED STATE LAND 43 Interpretation in Part IX In this Part"claimant" means an interested pmty who lodges a request for the creation or variation in his or her favour of a statutory servitude in terms of section 45(1)(b), and includes(a) any one or more interested parties who are lawful holders or occupiers referred to in paragraph (b) of the definition of "lawful holder or occupier"; or (b) the owner of private agricultural land claiming a statutory servitude over partially alienated State land, in relation to which servitude he or she will be the holder of the dominant tenement thereof; (c) the State or a local authority; or (d) any statutory body other than one referred to in section44(2); "creation", in relation to a statutory servitude, includes the preservation, confirmation, restoration or adjustment of a pre-existing servitude by means of the creation of the statutmy servitude; "designated officer" means(a) a Government Land Officer; or (b) such other officer as the Secretary may designate in writing; "dispute in connection with the creation of a statutory servitude" means a dispute about whether to create the servitude in question, or about the nature, scope or particulars of the statutory servitude to be created, or whether any compensation is payable for an alleged loss or deprivation of rights suffered by the holder of a servient tenement in relation to that servitude, and as to the amount of the compensation, if payable; "interested party" means every lawful holder or occupier of land within the area on or over which a statutory servitude is proposed to be created, varied or cancelled in terms of section 45; "lawful holder or occupier", in relation to land that is(a) private agricultural land, means the owner thereof; 225

Select target paragraph3

Add to table of contents