Lapsing of outspans

On transfer of farm land in the former Transvaal, which land is subject to an outspan servitude (serwituut van uitspanning) such servitude is omitted from the conditional clause of the new deed of transfer (see section 53 of the Road Amendment Ordinance 21 of 1977). The servitude is deemed to have lapsed and no application in terms of section 68(1) of the Deeds Registries Act need be lodged for the noting of the lapsing thereof.

In terms of section 54 of the aforesaid Ordinance, no further new demarcation of any outspan may be created in new deeds.

Where an owner of land wishes to rid his/her title of a servitude of outspan, nothing prevents him/her from applying to the Registrar of Deeds in terms of section 3(1)(v) of the Deeds Registries Act for the lapsing of the servitude, subject obviously to the payment of the prescribed registration fee.

Allen West
Republished with permission from SA Deeds Journal

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