Sectional Titles

Extension

Writing in the January/February 2009 De Rebus he argues that the Chief Registrar of Deeds' recently issued interpretation of the extension of sectional title schemes in terms of section 24(6)(d) of the Sectional Titles Act is incorrect. See Section 24(6)(d).

The writer's alternative interpretation has arisen because despite the legislature trying to impose a simple, consistent yardstick to measure the size of an extension, one that did not vary according to the size of a scheme, he shows that it should have compared the proposed new floor area of a section with the existing floor area. To his knowledge this is the test that many conveyancers apply. He suggests that it would therefore be helpful for the words 'participation quota' to be substituted by the words 'floor area' in a simple amendment to s 24 (6)(d) of the Act.

De Rebus website



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