Sectional Title - Online Property Course - Chapter 3

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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...

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.

Sectional Title - Online Property Course - Chapter 1

As promised here comes the first of our new Free Online Property Courses.

An initiative by Wizard Midrand home loans.

Scheme

This topic looks at the concept of a 'development scheme'. It covers the underlying definitions, the approval
procedure, building compliance and residential tenant protection.

1 Sectional Title Scheme

A sectional titles scheme comes into being when conventional land and buildings are 'developed' under the Act as a 'scheme', or 'development scheme'. This happens when a developer decides to divide the land and the building(s) on the land into sections and common property by opening a sectional title register for the land and the building(s).

At this stage the entry in the land register for conventional land is endorsed to the effect that the land is included in a development scheme under the Act and no further entries are made in the land register.

2 Approval procedure

Section 4 of the Act covers this aspect. A developer who wants to develop a sectional title scheme must make sure that the land on which he wants to develop the scheme is situated within the area of jurisdiction of a local authority and that the building which he has erected is of a permanent nature. He must then instruct an architect and a land surveyor to ascertain whether the land and the building comply with any operative town‐ planning requirements and whether the building has been erected in accordance with valid building plans.

In case of non‐ compliance the developer would have to apply to the local authority
concerned (municipality) for condonation of the defect. This means that he must ask the municipality concerned to excuse or disregard the defect. Should he want to convert an existing rental building to sectional titles, the tenants in the building must be given certain information and a right to purchase their sections before he can proceed. He must then instruct the architect and land surveyor to prepare a draft sectional plan showing the division of the land and buildings into sections, common property and exclusive use areas and to submit the plan for approval by the Surveyor‐ General of the region where the property is situated.

Once the sectional plan is approved it can be submitted to the deeds office for registration.

3 Requirements for approval of a scheme

Section 4 of the Act provides that:

• A developer who intends to establish a scheme must arrange to have a draft sectional plan submitted to the Surveyor‐ General (the sheets of the plan can be prepared by a land surveyor and an architect can prepare all sheets except for the first, the 'block plan');



• There can be more than one building and more than one piece of land in a scheme and separate pieces of land do not have to be adjoining



• A building must not extend over the boundary between two pieces of land unless they have been notarially tied. A 'notarial tie' is created by registration of an agreement executed before a Notary Public to the effect that the two properties cannot be separately dealt with.

4 Residential tenant protections

Sections 4 and 10 of the Act make extensive provision for the protection of residential housing consumers (tenants) during the process of the development of existing leased buildings (rental apartment buildings) as sectional title development schemes.

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

Here concludes Part 1 of South Africa Online Property Course.