CHAPTER 32:08
IMMOVABLE PROPERTY
(REMOVAL OF RESTRICTIONS)

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Alteration, suspension or removal of conditions of title

    3.    Powers and duties of the Minister

    4.    Powers and duties of the High Court

    5.    Changes of form of title by mutual consent

    6.    Cancellation of title deeds upon surrender of land

    7.    Entries in books of Registrar of Deeds

    8.    Certain prohibitions and restrictions to be void

    9.    Saving of the common law rights of applicant

    10.    Rules of court

Act 27, 1967,
Act 37, 1969,
Act 70, 1970,
Act 17, 1982.

An Act to provide for removal of restrictive covenants and conditions affecting the use of immovable property and to make provision incidental thereto.

[Date of Commencement: 22nd September, 1967]

1.    Short title

    This Act may be cited as the Immovable Property (Removal of Restrictions) Act.

2.    Alteration, suspension or removal of conditions of title

    (1) The owner of any immovable property or any person authorised to act on his behalf in the matter may apply to the Registrar of Deeds for the alteration, suspension, or removal of any condition or covenant registered against the title affecting the use or occupation of the property.

    (2) Such application shall—

    (a)    be in writing;

    (b)    contain the name and address of the applicant, and, if he is not the owner, details of the authority by virtue of which he is entitled to make the application;

    (c)    be accompanied by the title deed of the property;

    (d)    be accompanied by proof to the satisfaction of the Registrar of Deeds that notice of the application and of the proposed alteration, suspension, or removal has been given to the owners of the properties abutting on that to which the application relates.

    (3) On receipt of an application in terms of subsection (1) the Registrar of Deeds shall—

    (a)    at the expense of the applicant publish a notice in the Gazette setting out the full particulars of the proposed alteration, suspension, or removal and calling upon any person who has any objection to lodge his objection in writing with him not later than a specified date, which shall be at least 30 days from the date of the publication in the Gazette;