Practitioners and deeds office examiners alike still have problems with the application of the provisions of sections 3 and 6A of the Subdivision of Agricultural Land Act 70 of 1970.
The most recent reported case of Kotzé v Minister van Landbou en Andere 2003 (1) SA 445 T has now eliminated all confusion as to which land is deemed to be agricultural land. In the said case it was held that agricultural land is to mean what it meant when the Act was enacted.
Although the confusion has been eliminated, practitioners and deeds office staff still have to apply the following ruling provided for in the Chief Registrar's Circular 6 of 2002, namely:
The following documents must be lodged with all deeds in which subdivision of farm land is being given effect to:
The above ruling will thus be applied in all transactions where the word "farm" is included in the property description.
Republished with permission from SA Deeds Journal
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