SECTION 118 (1) & (3) OF THE MUNICIPAL SYSTEMS ACT 32 OF 2000

SECTION 118 (1) & SECTION 118 (3) OF THE MUNICIPAL SYSTEMS ACT 32 OF 2000

RESTRAINT OF TRANSFER ON PROPERTY:

“118 (1) A registrar of deeds may not register the transfer of property except on production to that registrar of deeds of a prescribed certificate

(a) issued by the municipality or municipalities in which that property is situated;

and 

(b) which certifies that all amounts that became due in connection with that property for municipal service fees, surcharges on fees, property rates and other municipal taxes, levies and duties during the two years preceding the date of application for the certificate have been fully paid.  

(3) An amount due for municipal service fees, surcharges on fees, property rates and other municipal taxes, levies and duties is a charge upon the property in connection with which the amount is owing and enjoys preference over any mortgage bond registered against the property”

 

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