Cap. 20:29 LAND Co:tv1MISSioN No.12/2017 (7) Whenever a fonnal or other minor alteration in the wording of a servitude awarded by the Commission is required for the purpose of registering the servitude, the alteration may be made under the signature of the chairperson of the Commission. (8) For the purpose of registering a servitude which, in the opinion of the Registrar of Deeds, calll1ot adequately be defined by description, a diagram prepared in accordance with the Land Survey Act [Chapter 20:12] shall be submitted to him or her showing the land subject to, and the situation thereon of, the servitude. 51 Disputes in connection with statutory servitudes (1) An interested party who is aggrieved by(a) any act or omission of a designated officer or other interested party in colll1ection with the exercise of the rights or obligations in com1ection with a statutory servitude after it has been created or varied, or by the interpretation of any provision of a statutory servitude protocol; or (b) any act or omission of a designated officer or other person in com1ection with the application of section 49; shall furnish to the Secretary (within thirty days of giving written notice of the dispute to the appropriate designated officer referred to in subsection (2)) the prescribed security for the costs of having the dispute determined by the Commission. (2) If a designated officer responsible for the area on or over which the statutory servitude concerned in the dispute subsists, receives written confinnation from the Secretary that a disputant in relation to that servitude has fumished to the Secretary the prescribed security within the allowed period (or such longer petiod as the Secretary may for good and sufficient reason allow), the designated officer shall, through the Secretary, lodge with the Commission a wdtten statement of the issues in dispute, and thereafter(a) the provisions of the Fifth Schedule and section 61 shall apply to the resolution of the dispute; and (b) section 47(2) applies to the rights, privileges and obligations of the disputants. 52 Registration of certain pre-existing servitudes or agreements for servitudes concluded before commencement of this Act If a designated officer is satisfied that there subsists on or over any land in the area for which he or she is responsible(a) a pre-existing servitude that the lawful holders or occupiers of the land subject to the servitude are aware of, and that the holders or occupiers concerned have been exercising the rights and obligations deriving from, the servitude before the coll1ll1encement of this Act; or (b) any rights or obligations in the nature of a servitude which, before the coll1ll1encement of this Act, had been agreed between the lawful holders or occupiers of the land subject to the agreement, whether or not such agreement was brokered by any officer of the Ministry, and whether or not such agreement has been reduced to writing; then the designated officer shall, notwithstanding anything in section 45 and 46, act in terms of section 46(4), ( 5), ( 6) and (7) to create the statutory servitude embodying the pre-existing servitude or the agreement referred to in paragraph (b) as if there is no dispute about the creation of a statutory servitude or about any compensation to be payable therefor. 237

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