Sectional Title Conditions
There seems to be uncertainty when a Sectional Title Unit is being transferred, as to when must the Deed of Transfer refer to the conditions contained in the Section 11(3)(b) schedule of the Sectional Titles Act, 65 of 1986, and when must the Deed of Transfer refer to conditions endorsed on the sectional plan and the servitudes referred to in Section 19 of the Sectional Titles Act, 66 of 1971.
The Sectional Titles Act 95 of 1986 came in effect on 1 June 1988 and any Sectional Titles Scheme registered prior to such date would have been registered in terms of Act 66 of 1971, and must thus make reference to the conditions endorsed on the Sectional Plan, and the servitudes referred to in Section 19 of the Sectional Titles Act, 66 of 1971 and not the Sectional Titles Act 95 of 1986.
Any Sectional Titles Scheme that was registered after 1 June 1988 must disclose reference to the conditions contained in the 11(3)(b) schedule of conditions of the Sectional Titles Act 95 of 1986 and no reference to the Sectional Titles Act ,66 of 1971
Allen West
Tonkin Clacey (Pretoria)
Tel: 012 346 1278