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Sectional Titles - Concept Of Sectional Ownership Of Buildings (Ss 4-5)

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4.       Sectional ownership of buildings

 

            (1) Notwithstanding anything to the contrary in any law-

     (a)     a building comprised in a scheme and the land on which the building is situated, may be divided into sections and common property in accordance with the provisions of this Act;

     (b)     separate ownership of the sections or an undivided share thereof may be acquired in accordance with the provisions of this Act;

     (c)     the owners of the sections shall own the common property in undivided shares in accordance with the provisions of this Act;

     (d)     any real right may be acquired in or over any such section or an undivided share therein or common property in accordance with the provisions of this Act; and

     (e)     the Registrar may, in accordance with the provisions of this Act register in the Deeds Registry a title deed whereby ownership in, or any lease of, or any other real right in or over, any such section or an undivided share therein or common property is acquired.

            (2) Subject to subsection (3), a scheme may relate to more than one building erected or to be erected on the same piece of land, or more than one piece of land, whether contiguous or non-contiguous.

            (3) The building to be divided into sections shall be situated only on one such piece of land or on two or more such contiguous pieces of land registered in the name of the same person and in respect of which a certificate of consolidation of title has been registered.

 

5.       Application of Cap. 33:02

 

            (1) Except as is otherwise provided in this Act or any other enactment, the provisions of the Deeds Registry Act shall, with such adaptation as may be necessary, apply in relation to all documents registered or filed or intended to be registered or filed in the Deeds Registry in terms of this Act.

            (2) The Registrar may reproduce or cause to be reproduced any document referred to in subsection (1) by means of microfilming or any other process which in his opinion accurately and durably reproduces any such document, and may preserve or cause to be preserved such reproduction, in lieu of such document.

            (3) A reproduction referred to in subsection (2) shall, for the purposes of the Deeds Registry, be deemed to be the original document, and a copy obtained by means of such reproduction and which has been certified by the Registrar as a true copy of such reproduction, shall be admissible in evidence and shall have effect as the original document.

            (4) A unit shall be deemed to be land.