No. 12/2017 50 LAND CoMMISSION Cap. 20:29 Registration of statutory servitudes in Deeds Registry ( 1) Any lawful holder or occupier of land affected by the creation of a statutory servitude who is- (a) the owner of private agricultural land that is(i) the dominant tenement in respect of the statutory servitude in question, shall, at his or her own expense, register the servitude at the Deeds Registry in accordance with this section; or (ii) the servient tenement in respect of the statutory servitude in question, shall (unless otherv;ise agreed by the pmties to the servitude), register the servitude at the Deeds Registry in accordance with this section at the expense of the holder of the dominant tenement in question (which expense, if not paid by the holder of the dominant tenement, may be sued for by the holder of the servient tenement in a court of competent jurisdiction); (b) or the lessee of a ninety-nine year lease, may, in accordance with this section, register the servitude at the Deeds Registry by endorsement of his or her lease as if references to a "title deed" and or "owner" in this section and in the Deeds Registries Act were references to such lease and such lessee. (2) For the purpose of registration of a servitude, there shall be lodged with the Registrar of Deeds the necessary registration fees together with(a) in the case of a servitude awarded by the Commission, two copies of the award duly certified by the Registrar: Provided that no such copies shall be lodged with the Registrar of Deeds until after the expiry of the period within which notice of an appeal in terms of section 61(1) to the Minister against such award may be given or, if notice of appeal has been given, until the award of the servitude has been confirmed on appeal or the appeal concemed has not been prosecuted or has been dismissed; or (b) in the case of a servitude created by virtue of a statutory servitude protocol, the copies of the protocol and such other documents as may be required by the Registrar of Deeds for the registration of the servitude. (3) On receipt of the fees and documents refen·ed to in subsection (2), the Registrar of Deeds shall, if satisfied that the fees and documents are in order, cause the servitude concemed to be registered on the title deeds of all pieces of land affected by it and in tl1e appropriate registers in accordance with the tem1S of the award or agreement concemed: Provided that the Registrar of Deeds may refuse to register a servitude referred to in subsection (2)(a) if, in his or her opinion, the award or agreement is not reasonably free from ambiguity. (4) If the owner of land subject to a servitude fails to produce his or her copy of the title deed of the lm1d for the purpose of registration, the Registrar of Deeds shall note the servitude on the title deed in the Deeds Registry and in the appropliate registers. (5) After making a note in terms of subsection (4), no other act of registration shall be made in respect of the piece of land concerned until the servitude has been registered on the title deed of the owner of the land. (6) If the title deed referred to in subsection (5) is for any reason lodged with the Registrar of Deeds he or she shall retain the title deed until the servitude concemed has been registered thereon. 236