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Published:  2016-01-06 Views:  1071
Author:  Fanie
Published in:  The Dam/Die Dam
The Title Deeds In Schoemansville & Meerhof From Notorial Deed 99 Of 1922

The historic documentation flowing from the original sale of Hartbeespoort dam by Hendrik Schoeman to the state have been mentioned many many times in various discussions, newspaper articles and attorneys letters. But who has actually seen them?

This article follows from the previous articles which aim to open up these documents to the community of Hartbeespoort for their perusal. Let it never be said of our community that we just accept statements blindly and never investigate and satisfy ourselves regarding the truth of any matter.

The previous two related articles were:

The Crown Grant:

http://harties.net/articles/439/die-crown-grant-wat-schoemansville-oewer-definieer.php

and the Original Sales Agreement with Schoeman, specifically Clause K:

http://harties.net/articles/485/1918-harties-dam-sales-agreement.php

As indicated, the original Sales Agreement provided for access to Schoeman and his assigns at 3 places on the dam foreshore for purposes of boating and fishing.

The Crown Grant divided up the Schoemanville Foreshore in four, namely for Schoeman's private and business use (now the Snake Park), Transvaal Yacht Club, Commercial Boating and a place where the Schoemansville title holders can have access to the dam.

This article concerns Notorial Contract 99 of 1922, whereby the access right of Schoeman and his assigns was registered as a deed in the Deeds Office. See the following page from an actual title deed of a stand in Meerhof:

 

Note the wording of Clause (h) with rights "in common with the Applicant or ..... Assigns". The reader will recognise the wording to be the same as Clause (K) of the original sales agreement. This condition in the title deeds of Meerhof and Schoemansville title holders follows directly from the Notorial Deed 99/1922 as stated.

Notorial Deed 99/1922 is herewith placed in full for purposes of completeness. Note on the 3rd and 4th pages that the wording is exactly the same as Clause (k) of the original sales agreement. Nothing is added and the original intent of the sales agreement is honoured, namely that of access to Schoeman and his assigns.

Since all title deed holders in Schoemansville and Meerhof have the same wording in their title deeds, it follows that they have the same rights as per the documentation as Schoeman and his assigns orginally had, namely that of access to the dam for purposes of boating and fishing. (This obviously excludes the additional total rights that Schoeman obtained on the first property as described in the Crown Grant.)

Please note that the subject of the orginal Clause (K) of the sales agreement, Notorial Deed 99/1922, as well as Clause (h) in the individual Meerhof and Schoemansville stand title deeds concern rights of access to the dam. Various legal authorities indicated in their legal opinions that they could not find any evidence of any general business rights transferred in Notorial Deed 99/1922 over and above access rights and it seems obvious when one peruses the document.

(It should be noted that Schoeman did have the right of business on the total original farm above the one seventh right that he shared with his 6 brothers and sisters: Marthinus, Herculaas, Stephanus, Francina, Karel and Sophia. He used this right to sell the farm to the State with retention of the right as described in Clause K of the sales agreement).