Pmb Registrar's Circular 01/2016

Property situation in sectional title transfers

1. Purpose
The purpose of this Circular is to clarify how the property situation in a sectional title transfer (prescribed form H) should read.

2. Background
The description of the property situation is prescribed in Form H to Annexure 1 of the regulations to the Sectional Titles Act, Act 95 of 1986, however if the underlying property over which the scheme is opened is a farm property, RCR 64/2008 requires additional information other than that set out in form H.

3 Description of the property situation

3.1. Where the underlying property is not a farm property
*1 A unit consisting of
(a) Section No............................ as shown and more fully described on Sectional Plan No SS .............. in the scheme known as .................... in respect of the land and building or buildings situated at #...................... of which section the floor area according to the said sectional plan is ................... square metres in extent; and
(b) an undivided share in the common property in the scheme apportioned to the said section in accordance with the participation quota as endorsed on the said sectional plan.

The abovementioned situation must be completed by either disclosing the:

# local authority (Municipality) and name of township or suburb

3.2 Where the underlying property is a farm property
*1 A unit consisting of
(a) Section No............................ as shown and more fully described on Sectional Plan No SS .............. in the scheme known as .................... in respect of the land and building or buildings situated at #....................... of which section the floor area according to the said sectional plan is ................... square metres in extent; and
(b) an undivided share in the common property in the scheme apportioned to the said section in accordance with the participation quota as endorsed on the said sectional plan.

The abovementioned situation must be completed by either disclosing the

# local authority (Municipality) and full description of the farm property inclusive of the registration division and province.

Registrars Conference Resolution 64/2008 must be consulted in this regard.

3.3. Is Section 4(1)(b) of the Deeds Registries Act, Act 47 of 1937 required to update the Title Deed?
It will not be required for the amendment of already registered deeds to follow new property situation and therefore it will not be required to call for section 4(1)(b) of the Deeds Registries Act, Act 47 of 1937 applications.

Pietermaritzburg Registrar's Circular No 1 of 2016