28. Overriding interests
Unless the contrary is expressed in the register, all registered land shall be subject to such of the following overriding interests as may subsist and affect the same, without their being noted on the register—
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(a) servitudes subsisting at the time of first registration under this Act;
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(b) servitudes which arise from the situation of the property or which have been established by law;
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(c) rights of compulsory acquisition, user or limitation of user conferred by any other law;
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(d) leases or agreements for leases for a term not exceeding 2 years;
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(e) any unpaid money which, without reference to registration under this Act, are expressly declared by any law to be a charge upon land;
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(f) rights acquired or in process of being acquired by virtue of any law relating to the limitation of actions or by prescription;
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(g) the rights of a person in actual occupation of land or in receipt of the income thereof save where inquiry is made of such person and the rights are not disclosed;
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(h) electric supply lines, telephone and telegraph lines or poles, pipelines, aqueducts, canals, wires and dams erected, constructed or laid under any power conferred by any law;
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(i) community property as described in article 1188 et seq. of the Civil Code;
However, the Registrar may direct registration of any of the liabilities, rights and interests hereinbefore defined in such manner as he or she thinks fit.
(Amended by Act 7 of 1986)