Rocher v Registrar of Deeds [1911] ZATPD 149 (3 November 1911)

Mines and Minerals - "Stand" and "Claim Licenses" - Nature of - Act 35 of 1908 - Servitude - Registration - Non-existing Servitude

Stand and Claim Licenses are not sources of revenue attached to mineral rights.

The Registrar of Deeds is entitled to refuse to register a deed which contains the reservation of a servitude which does not exist.

A deed of partition contained a reservation of a servititde of "mineral rights and all sources of revenue attached thereto". Prior thereto all the mineral rights over the property concerned had been sold to third persons.

Held, that even though the owners were entitled to the claim and stand licenses, these licenses were not sources of revenue attached to the mineral rights and, as the said servitude did not exist, the said reservation was not registrable.