I refer to previous articles regarding the extension of Sectional Title Schemes in terms of the provisions of Section 25 of the Sectional Titles Act ("the Act") in a manner that deviates from the plans and documents referred to in Section 25(2) of the Act and the interpretation of Section 25(13) of the Act by the Registrar of Deeds as contained in RCR 2/2009. (See Total recall, Total recall - a response 1, Total recall - a response 2, Total recall - a response 3, Total recall - a response 4 and Total recall - a response 5 - Editor).
In the Free State High Court Bloemfontein case number 4863/2010 in the application of PCL Trust and Others versus the Registrar of Deeds, it was decided that:
- The applicants are not required to obtain the sanction of the court when extending schemes in a manner which deviates from the documents referred to in Section 25(2) of the Act and;
- The Registrar of Deeds Bloemfontein is not entitled to refuse to register a Sectional Plan of Extension of a Scheme merely for the reason that the developer deviates from the documents that had been lodged in terms of the provisions of Section 25(2) of the Act.
I am of the opinion that the effect of the said judgment is that, at least in the Free State, the Registrar of Deeds will, in future, not be entitled to act in terms of RCR 2/2009