Sectional Title - Online Property Course - Chapter 2

Welcome to SA Property Blogs second part of our Free Online Property Course. Still dealing with the massively popular area of Sectional Title here's part 2...

Sectional Title Part 1

Sectional Plan

This topic looks at the definition and purposes of a sectional plan:

2 Description of a sectional plan

The main aim of a sectional plan is to show the division of the land and the buildings comprised in a sectional title scheme into sections, common property and exclusive use areas.

The sectional plan will be the legal source for discovering the exact boundaries of sections, the common property and exclusive use areas.

3 Features of a sectional plan

Section 5(3) of the Act requires that a draft sectional plan must:

• show the boundaries of the land (the sheet showing these boundaries is known as the 'block plan'and is normally sheet No. 2);
• give the name of the scheme;
• include a scale plan of each storey in the buildings;
• define the boundaries of each section and give each one a number;
• show the floor area (measured to the median line of the boundary walls of each section), correct to the nearest square metre, and the total of the floor areas of all the sections;
• show any exclusive use areas.
  

3 Boundaries of and between sections

Sub‐sections 5(4) and 5(5) deal with section boundaries which are defined on the sectional plan as follows:

• the common boundary between any section and another section or common property is the median line of the dividing floor, wall or ceiling, as the case may be.
• the boundaries of a section shall be defined‐
• by reference to the floors, walls and ceilings thereof, or as may be prescribed;
• in respect of a part of a section (such as a stoep, porch, balcony, atrium or projection) where boundaries cannot be defined as above but which are appurtenant to a part of that section which can be defined in terms of that paragraph as prescribed.

Notes:

1. 'median' means 'middle'
2. 'median line' means 'line drawn along the centre/middle point'
3. 'appurtenant' means 'belonging to, adjunct to, appended or annexed to'
4. ‘prescribed’ means prescribed in the regulations to the Sectional Titles Act

Definitions:
stoep ‐ a terraced veranda in front of a house;
a porch ‐ a covered approach to the entrance of a building;
a balcony ‐ an external balustraded platform with access from an upper‐floor door;
an atrium ‐ the central court of a Roman‐style house; and
a projection ‐ an additional part of a section which protrudes from the section.

References:
Sectional Title Online Property Searches - Deedsearch - http://www.sto.co.za
UCT - University of Cape Town - http://www.uct.ac.za
Acts - Acts Online - http://www.acts.co.za

Here concludes Part 2 of South Africa Online Property Course.