Cap. 20:29
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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
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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;
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