The following question was posed by Annette Fyfer:
Two properties are already notarially tied - the one falls under Johannesburg Deeds Registry (this is an erf in Amalgam Ext 1 Township) and the other under the Pretoria Deeds Registry (this is a Portion of the Farm Langlaagte No. 224-IQ). Both properties are within the Johannesburg municipal district. The Surveyor General has approved a Sectional Plan D 742/2011 in respect of the buildings on the Farm Portion and common property on the erf. The properties are contiguous.
According to the note on the Sectional Title Plan it must be registered in Pretoria. Is this possible and how would one go about registering the Scheme seeing that the properties fall under the areas of two different Deeds Registries?
Allen West replies:
The Surveyor General's Office erred when approving the sectional plan for the scheme. In view of the fact that the definition of "developer" and the definition of "development scheme" in section 1 of the Sectional Titles Act 95 of 1986, it is clear that the land comprising the scheme must be situated in the jurisdiction of a local authority.
The only way of achieving the scheme on both the properties is to firstly comply with section 49 of the Deeds Registries Act in that an excision or incision will have to be done.
If this scheme should be opened on the envisaged land, one can just imagine the problems that will be encountered with rates clearance certificates, building plans, etc.
Annette and Allen, how on earth did the two properties, situate as they are in the area of two different registries, get tied in the first place? Please explain to non-Gautengers. Another solution of course is to get rid of the tie and amend the sectional plan.
It is permitted to tie properties existing under the jurisdiction of Johannesburg and Pretoria, given the history of the two deeds registries. In the same vein servitudes are registered over properties registered in the two registries. However, the submission to amend the sectional plan will not suffice, unless it is done to open two separate schemes