Immovable Property (Removal or Modification of Restrictions) Act, 1965
Act 94 of 1965
- Published in South African Government Gazette no. 1171 on 7 July 1965
- Assented to on 18 June 1965
- Commenced on 1 October 1965 by Proclamation of 1965
- [This is the version of this document from 7 July 1965 and includes any amendments published up to 6 October 2022.]
1. Interpretation of termsIn this Act, unless the context otherwise indicates -“beneficiary” means any person entitled to a beneficial interest in immovable property under a will or other instrument or for whose benefit any immovable property is held in terms of a will or other instrument by a trustee, administrator or fiduciary without a beneficial interest;“court” means a court of a provincial or local division of the Supreme Court of South Africa having jurisdiction;“fideicommissum” does not include a trust.
2. Application to the court for the removal or modification of restrictions on immovable property
3. Powers of court as to removal or modification of restrictions on immovable property and as to disposal of proceeds of such property
4. Powers of court relating to evidenceThe court may, if it thinks fit -
5. AppealAn appeal from a judgment or order of the court under this Act shall lie direct to the Appellate Division of the Supreme Court of South Africa without leave first obtained.
6. Limit on duration of any fideicommissum created after the commencement of this Act in respect of immovable property in favour of more than two successive fideicommissaries
7. Limit on duration of any fideicommissum created before the commencement of this Act in respect of immovable property
8. Limit on duration of restrictions on alienation of immovable property imposed by will or other instrument otherwise than by way of a fideicommissum
9. Endorsement of title deed
10. Application of this Act in South-West AfricaThis Act and any amendment thereof shall apply also in the territory of South-West Africa, including that portion of the said territory known as the Eastern Caprivi Zipfel and referred to in sub-section (3) of section three of the South-West Africa Affairs Amendment Act, 1951 (Act No. 55 of 1951), and also in relation to all immovable property in that portion of the said territory known as the “Rehoboth Gebiet” and defined in the First Schedule to Proclamation No. 28 of 1923 of the Administrator of the said territory.
11. Repeal of laws
12. Short title and date of commencementThis Act shall be called the Immovable Property (Removal or Modification of Restrictions) Act, 1965, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.
History of this document
01 October 1965
07 July 1965 this version
Published in South African Government Gazette number 1171
18 June 1965