Sectional Title - Online Property Course - Chapter 3

Feedback has been awesome. Thank you all for the input and advice so far.
If you looking for the previous chapters see:
Sectional Title - Online Property Course - Chapter 1
Sectional Title - Online Property Course - Chapter 2

Lets get cracking...

Sectional Title Register

This topic covers the definition of a register, the application for opening of the register, its legal effect on the real property and real rights involved.

1 Description of the sectional title register

When the scheme is registered and the land register closed, a sectional title register is opened. In this register a copy of the sectional plan is kept and all the documentation lodged for the opening of the register.

All rules, scheme notices and other body corporate documents are kept in the register for the scheme. There are two files in each sectional title register, one has all the sectional plans and the other has all the documentation.

2 Applications for opening of sectional title registers – section 11(1)

In terms of section 11(1) of the Act a developer may, after approval of a draft sectional plan by the Surveyor‐ General, apply to the Registrar of Deeds for the opening of a sectional title register and the registration of the sectional plan.

3 Effect of registration of sectional plan

Section 13 of the Act deals with the effect of registration of sectional plans:

• the buildings and the land shown on the plan are legally divided into the sections and common property shown on the plan;
• the plan, together with all the supporting documents filed for the opening of the register, are deemed to be part of the title deed for each unit in the scheme;
• the sections and common property are subject to any servitudes which burden or benefit the land shown on the plan as well as to any conditions imposed by the developer on opening the register; and
• any mortgage bond, lease or other limited real right which previously burdened the land is converted so that it burdens the sections and common property shown on the plan.Section
This topic explains what a 'section' is and gives examples, it explains how the boundaries of a section are determined and covers the implied servitudes that operate as between sections and between sections and common property in the scheme.

Section

This topic explains what a 'section' is and gives examples, it explains how the boundaries of a section are determined and covers the implied servitudes that operate as between sections and between sections and common property in the scheme.

1 Description and definition of a section

A section is the area of air, brick and mortar that is exclusively owned by the owner of a unit in a scheme. A section is defined in section 1 of the Act as follows:
'section' means a section shown as such on a sectional plan;

2 Explanation of a section

A section:

1. Is exclusively owned (as opposed to the common property which is owned in undivided shares), but is still subject to various servitudes and access rights in terms of the Act;
2. Is defined as extending to half the depth of walls/ floors/ ceilings et cetera;
3. Is measured by floor area ‐ the nearest square metre and to the mid‐ line ('median line') of its boundaries;
4. Is shown on sectional plan ‐ look for the solid lines that indicate the boundaries of sections; and
5. May include an adjoining open area, e.g. balcony or terrace, or a built‐ up backyard or noncontiguous parts of the building like a garage numbered the same in the cellar of the building.

Visualise a typical cavity wall made up of two single‐course walls built on the same foundation and tied together. If this is the boundary of your section then the material you own extends to the mid point of that wall.

The paint covering inside, the inside plastering, inner course of bricks and half the air‐space are your responsibility. The body corporate is responsible for the other half of the cavity, the outer course of bricks and the outside plaster and any exterior paint covering.

Windows and doors set into the outside walls of sections do not define the boundaries. Whether the material which makes up the door or the window is part of the section or part of the common property is decided by reference to the walls that surround them.

3 Implied servitudes of support and access

In section 28, the Act provides for servitudes of support and access. The purpose of the servitudes of support is to keep the physical structure of the building intact since the building with its walls, floors and ceilings form the basis of sectional ownership. Without a building there can be no sectional ownership.

Therefore the structures of the sections below must support the structures of the sections above them (servitudes of subjacent support) and the structures of the sections or common property adjoining a section must support that section (servitudes of lateral support).

These servitudes are reciprocal with the one being supported and simultaneously lending support to the other. The purpose of the servitudes of access is to ensure that all the facilities in the scheme work properly. Therefore wires, pipes and ducts serving different property should be allowed to pass unhindered through the various sections.

Each section is automatically subject and entitled to:

• a servitude for vertical and horizontal support of the section by the common property and by any other section which can receive/give/ such support;
• a servitude for the passage of water, sewerage, drainage, gas, electricity, garbage, heated or cooled air and other services, including telephone, radio and television services, through any pipes, wires, cables or ducts that exist on or under the land or in the building.

These servitudes are deemed to be incorporated in the title deeds of the owners.
By reason of these servitudes the body corporate is entitled to have access to each section and the exclusive use areas during reasonable hours to maintain, repair or renew any part of the building or any pipes, wires, cables or ducts.

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

Once again thanks all...