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Alienation of Land Act, 1981
South Africa
Alienation of Land Act, 1981
Act 68 of 1981
- Published in Government Gazette 7789 on 18 September 1981
- Assented to on 28 August 1981
- There are multiple commencements
- [This is the version of this document as it was from 18 September 1981 to 26 April 1983.]
Provisions | Status |
---|---|
Section 1; Chapter I (section 2–3); Chapter II (section 4–25); Chapter III, section 27–35 | commenced on 19 October 1982 by Proclamation 148 of 1982. |
Chapter III, section 26 | not yet commenced. |
1. Definitions
Chapter I
Formalities in respect of deeds of alienation
2. Formalities in respect of alienation of land
3. Application of Act to sales of land by public auction
Chapter II
Sale of land on instalments
4. Application of Chapter
This Chapter shall not apply in respect of a contract in terms of which the State, the Community Development Board established by section 2 of the Community Development Act, 1966 (Act No. 3 of 1966), the National Housing Commission mentioned in section 5 of the Housing Act, 1966 (Act No. 4 of 1966), or a local authority is the seller.5. Language in which contract shall be drawn up
The purchaser in relation to a contract is entitled to choose the official language in which the contract shall be drawn up.6. Contents of contract
7. Sale of land encumbered by mortgage bond
8. Sale of land by intermediary
9. Disclosure to purchaser of release figure in respect of land encumbered by mortgage bond
10. Certificates and information to be furnished by intermediaries and owners
11. Purchaser or remote purchaser may fulfil obligations of owner or intermediary
12. Calculation of interest and limitation of amount recoverable from purchaser
13. Copy of contract to purchaser and default of seller to furnish copy
14. Cession of right to, and authority to collect, periodical income
15. Invalidity of certain provisions
16. Statements of account
17. Right of purchaser to accelerate payments and claim transfer of land
The purchaser is at all times entitled—18. Transfer of land to remote purchaser
19. Limitation of right of seller to take action
20. Recording of contract
21. Purchaser to be notified to take transfer of land when such land is attached or the owner becomes an insolvent
22. Transfer of land to purchaser when such land is attached or the owner becomes an insolvent
23. Addresses of purchaser and seller
The addresses stated in any contract in terms of section 6(1)(a) shall serve as domicilium citandi et executandi of the parties for all purposes of the contract, and notice of a change of such an address shall be given in writing and shall be delivered or sent by registered post by one party to the other, in which case such changed address shall serve as such domicilium citandi et executandi of the party who has given such notice.24. Relief that court may grant in respect of contracts
25. Evidence
If in any proceedings it is alleged that land sold under a contract is used or is intended to be used mainly for residential purposes, it shall be presumed that the said land is so used or is intended to be so used until the contrary has been proved.Chapter III
General provisions
26. Restriction on the receipt of consideration by virtue of certain deeds of alienation
27. Rights of purchaser who has partially paid the purchase price of land
28. Consequences of deeds of alienation which are void or are terminated
29. Waiver of rights or powers by purchaser
The waiver by any person who has purchased land in terms of a deed of alienation, of any right conferred upon him by this Act, shall be null and void.30. Restriction of liability
No person, including the State, is liable in respect of anything done in good faith in the exercise or performance of a power or duty conferred or imposed by or under this Act.31. Regulations
The Minister may make regulations—32. Application of Act to existing deeds of alienation
33. Application of Act 73 of 1968
No provision of the Limitation and Disclosure of Finance Charges Act, 1968 (Act No. 73 of 1968), shall apply with reference to any matter referred to in section 12, 13 or 16 of this Act.34. Repeal of laws
35. Short title and commencement
History of this document
27 November 1998 amendment not yet applied
Amended by
Alienation of Land Amendment Act, 1998
22 November 1996 amendment not yet applied
22 December 1995 amendment not yet applied
Amended by
Development Facilitation Act, 1995
17 December 1993 amendment not yet applied
27 April 1983
19 October 1982
Commenced by
Alienation of Land Act, 1981: Commencement
18 September 1981 this version
28 August 1981
Assented to
Uncommenced provisions
Legislation provisions that have not yet come into force.
All uncommenced provisions →
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26. Restriction on the receipt of consideration by virtue of certain deeds of alienation
26. Restriction on the receipt of consideration by virtue of certain deeds of alienation
(1)Subject to the provisions of section 8A of the Sectional Titles Act, no person shall by virtue of a deed of alienation relating to an erf or a unit receive any consideration of whatever nature until— (a)such erf or unit is registrable; and (b)in case the deed of alienation is a contract required to be recorded in terms of section 20, such recording has been effected. (2)Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding R1 000 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. (3)The provisions of subsection (1) shall not apply to any amount paid by way of consideration which— (a)the purchaser, by virtue of a deed of alienation, entrusts to a practitioner or an estate agent in his capacity as such, to keep, for the benefit of the seller in terms of that deed of alienation, in the trust account of the practitioner or estate agent; or (b)by virtue of a deed of alienation is made to the seller if, before such payment, the purchaser is furnished with an irrevocable and unconditional guarantee by a banking institution registered otherwise than provisionally under the Banks Act, 1965 (Act No. 23 of 1965), a building society registered otherwise than provisionally under the Building Societies Act, 1965 (Act No. 24 of 1965), or a registered insurer as defined in section 1 of the Insurance Act, 1943 (Act No. 27 of 1943), in terms of which the said banking institution, building society or insurer undertakes to repay the said amount to the purchaser if the erf or unit is not registrable and, where applicable, a recording is not effected within a period specified in the said guarantee. (4)If, in the circumstances contemplated in subsection (3), the seller becomes an insolvent before the erf or unit has become registrable or the relevant contract has been recorded in terms of section 20, any amount kept in a trust account in terms of paragraph (a) of that subsection or the repayment of which was guaranteed in terms of paragraph (b) of that subsection, shall immediately become payable to the purchaser concerned by the practitioner, estate agent, banking institution, building society or insurer concerned.
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Constitutional Court's insistence has since continued that 'fairness', 'good faith', and similar standards should have a greater role SCA - Concourt's approach incongruent with commercial certainty and the rule of law Controversy is about what it takes for a term (or its enforcement) to be held contrary to public policy |
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Prescription Act 68 of 1969 — section 12(3) — clients’
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