Conditions of deeds of transfer where the sectional title register was opened under the Sectional Titles Act, 1971

Where sections are transferred in terms of a sectional title scheme of which the register was opened under the Sectional Titles Act of 1971, ie before 1 June 1988, the following wording must be referred to in the conditional clause of the deed of transfer:

“endorsed on the sectional plan and the servitudes referred to in section 19 of the Sectional Titles Act, 1971 (Act No. 66 of 1971); and”

This practice was only introduced from 1 January 2013. Thus, all title deeds registered prior to that date, still referring to the 1986 Act, need not be rectified in terms of section 4 (1)(b), but the new deed of transfer must follow the amended prescribe form H. See in this regard the foot note to prescribe form H.

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Allen West
Tonkin Clacey Pretoria
Tel: 012 346 1278