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.
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