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Sectional Titles - Subdivision, Consolidation And Extension Of Sections (Ss 23-26)

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23.     Approval of plan of subdivision or consolidation by Director

 

            (1) If an owner of a section proposes to subdivide his section or to consolidate two or more sections registered in his name, he shall with the consent of the trustees of the association, which consent shall not unreasonably be withheld, cause the land surveyor or architect concerned to submit the sectional plan of the subdivision or consolidation, as the case may be, to the Director for approval.

            (2) The submission of the sectional plan of subdivision or consolidation to the Director shall be accompanied by-

     (a)     the documents referred to in section 9(2);

     (b)     in the case of a subdivision, a schedule specifying in the manner prescribed, the apportionment of the participation quota of the section between the new sections created;

     (c)     in the case of a consolidation, a schedule specifying in the manner prescribed, the participation quota of the new section created being the aggregate of the quotas of the sections that are to be consolidated.

            (3) The provisions of section 9(3) and (5) shall apply to the preparation and submission of a sectional plan of a subdivision or consolidation to the Director.

 

24.     Registration of subdivision of section

 

            (1) An owner may, after approval of a sectional plan of a subdivision of a section, apply to the Registrar to register the sectional plan of the subdivision.

            (2) An application under subsection (1) shall be accompanied by-

     (a)     two copies of the sectional plan of the subdivision;

     (b)     the sectional title deed in respect of the section to be subdivided;

     (c)     any sectional mortgage bond to which the section may be subject, together with the consent of the mortgagee to the cancellation of the bond or to the release of the section from the bond or to the subdivision and substitution of the new sections in lieu of such section as security under the bond;

     (d)     certificates of registered sectional title in the prescribed form for each of the new sections and their undivided shares in the common property created by the subdivision, made out in favour of the owner or, in the case of a partition, in favour of the persons entitled thereto in terms of the partition agreement;

     (e)     the partition agreement (if any), if the section is owned by more than one owner; and

     (f)      such other documents and particulars as may be prescribed.

            (3) When the requirements of this section and any other enactment have been complied with, the Registrar shall register the sectional plan of the subdivision referred to in subsection (1), furnish a copy of the sectional plan of the subdivision to the local authority and shall notify the Director of the registration of the sectional plan of the subdivision, and thereupon the Director shall amend the original sectional plan and the Deeds Registry copy of the sectional plan to reflect such subdivision.

            (4) Upon registration of the sectional plan of a subdivision, the portions in question shall be deemed to be separated from one another and shall each be deemed to be a separate section.

            (5) On the registration of the sectional plan of a subdivision the Registrar shall, in lieu of the sectional title deed referred to in subsection (2)(b), issue the certificates of registered sectional title referred to in subsection (2)(d), and make such endorsements on the superseded and newly issued certificates of registered sectional title, any sectional mortgage bond, lease or other deed embodying any other real right registered against the section at the time of the subdivision, and entries in the Deeds Registry records, as he may deem necessary to give effect to the provisions of this section.

            (6) A sectional plan of a subdivision shall upon the registration thereof be deemed to be incorporated in the sectional plan registered in terms of section 13(1)(a) and the provisions of section 14(2) shall apply to such plan and the certificates of registered sectional title issued in terms of subsection (5).

 

25.     Registration of consolidation of sections

 

            (1) An owner may, after approval of a sectional plan of consolidation of two or more sections, apply to the Registrar to register the sectional plan of the consolidation.

            (2) An application under subsection (1) shall be accompanied by-

     (a)     two copies of the sectional plan of the consolidation;

     (b)     the sectional title deeds of the sections to be consolidated;

     (c)     any sectional mortgage bond registered against the sections, together with the consent of the mortgagee to the registration of the sectional plan of consolidation;

     (d)     a certificate of registered sectional title in the prescribed form in respect of the new section as shown on the sectional plan of consolidation, and its undivided share in the common property, made out in favour of the owner of the sections to be consolidated; and

     (e)     such other documents and particulars as may be prescribed.

            (3) When the requirements of this section and any other enactment have been complied with, the Registrar shall register the sectional plan of the consolidation referred to in subsection (1), furnish a copy of the sectional plan of consolidation to local authority and notify the Director of the registration of the sectional plan of the consolidation and thereupon the Director shall amend the original sectional plan and the Deeds Registry copy of the sectional plan to show such consolidation.

            (4) Upon registration of the sectional plan of the consolidation, the sections in question shall be deemed to be consolidated into a single section as depicted on the sectional plan of the consolidation.

            (5) Simultaneously with the registration of the sectional plan of the consolidation, the Registrar shall, in lieu of the sectional title deeds referred to in subsection (2)(b), issue the certificate of registered sectional title referred to in subsection (2)(d), and thereupon the provisions of subsection (5) of section 24 relating to the endorsements and entries to be made in the Deeds Registry records, and of subsection (6) of that section, shall apply.

            (6) The provisions of section 38(5) and (6) of the Deeds Registry Act shall apply with reference to any mortgage bond registered over one or more component sections of the section represented on the sectional plan of the consolidation.

 

26.     Extension of sections

 

            (1) If an owner of a section proposes to extend the limits of his section, he shall with the approval of the association, authorized by a unanimous resolution of its members, cause the land surveyor or architect concerned to submit a sectional plan of the extension to the Director for approval.

            (2) The submission of the sectional plan of the extension of a section to the Director shall be accompanied by-

     (a)     the documents referred to in section 9(2); and

     (b)     in the case of the floor area of the section in question being increased by the extension, a revised schedule, reflecting the participation quotas of all the sections as modified after taking the increased floor area of the section in question into account.

            (3) The provisions of section 9(3) and (5) shall apply to the preparation and submission of a sectional plan of the extension of a section to the Director, and to the approval of such plan by him.

            (4) An application to the Registrar for the registration of a sectional plan of an extension of a section, shall be accompanied by-

     (a)     two copies of the sectional plan of the extension of a section;

     (b)     the sectional title deed in respect of the section to be extended;

     (c)     any sectional mortgage bond to which the section may be subject, together with a certificate by a conveyancer stating that there is not a deviation of more than five per cent in the participation quota of a section as a result of a subdivision, or if there is a deviation of more than five per cent that all the mortgagees have consented to the registration of the sectional plan of extension of a section; and

     (d)     such other documents and particulars as may be prescribed.

            (5) When the requirements of this section and of any other relevant enactment have been complied with, the Registrar shall register the sectional plan of the extension of a section, and shall make an appropriate endorsement on the title deed referred to in subsection (4)(b), if the floor area of the section is increased by the extension, and such consequential endorsements against any deed registered against the title deed as may be necessary, and he shall furnish a copy of the sectional plan of the extension to the local authority and notify the Director of the registration of the sectional plan of the extension, and thereupon the Director shall amend the original sectional plan and the Deeds Registry copy of the sectional plan to reflect such extension of a section.

            (6) A sectional plan of an extension of a section shall upon the registration thereof be deemed to be incorporated in the sectional plan registered in terms of section 13(1)(a), and the provisions of section 14(2) shall apply to such plan.