29.     Rights of exclusive use of parts of common property

            (1) If any part of a common property is delineated on a sectional plan in terms of section 7(3)(f), the developer shall, when making application for the opening of a sectional title register and the registration of the sectional plan, impose a condition in terms of section 12(2) in the schedule referred to in section 12(3)(b), by which the right to the exclusive use of the part of the common property delineated for this purpose on the sectional plan, is conferred upon the owner or owners of one or more of the sections, and the Registrar shall not accept for registration a sectional plan on which a part of the common property is so delineated, unless the developer imposes any such condition conferring any such right for a specific purpose on the owner or owners of a section or sections.

            (2) A developer shall cede the right to the exclusive use of part of the common property to the owner to whom such rights are allocated, by the registration of a unilateral notarial deed in his favour, except that when the developer has transferred the last section in a scheme, he shall cede to the association the right to any exclusive use area still registered in his name free of charge and without any compensation.

            (3) Notwithstanding subsection (1), if no reservation was made by a developer in terms of the said subsection (1) and the association has not yet been formed, the Registrar may issue a certificate of real right in respect of a right of exclusive use as referred to in section 13(1)(f) on application by the developer accompanied by the sectional mortgage bond and the written consent of any bondholder.

            (4) Upon compliance with subsection (3), this Act shall apply with the necessary changes to such real right as if it had originally formed part of the application for the opening of the sectional title register and such certificate of real right shall be issued subject to any sectional mortgage bond against the land.

            (5) An association, duly authorized thereto by a unanimous resolution of its members, may, subject to the provisions of section 7(1), request an architect or land surveyor to apply to the Director for the delineation on a sectional plan in the manner prescribed of a part of the common property in terms of section 7(3)(f) for the exclusive use by the owner of the section; so however that no delineation shall be made on the sectional plan in terms of this subsection if such delineation will encroach upon a prior delineation on the sectional plan of a part of the common property for the exclusive use by one or more of the owners.

            (6) The association, duly authorized thereto by a unanimous resolution of its members, shall transfer the right to the exclusive use of a part or parts of the common property delineated on the sectional plan in terms of subsection (5) to the owner on whom such right has been conferred by the association, by the registration of a notarial deed entered into by the parties and in which the association shall represent the owners of all the sections as transferor.

            (7) An owner of a section in whose favour the right to the exclusive use of a part of the common property delineated on the sectional plan is registered, may transfer his interest in such right to the owner of another section in the scheme by the registration by the Registrar of a notarial deed of cession entered into by the parties.

            (8) A right to the exclusive use of a part of the common property delineated on the sectional plan registered in favour of an owner of a section may with the written consent of the mortgagee of the section be cancelled by the registration by the Registrar of a notarial deed of cancellation entered into by the owner of the section entitled to such right and the association, duly authorized by a special resolution of its members, on behalf of all the owners of sections in the scheme.

            (9) A right to the exclusive use of a part of common property registered in favour of an owner of a section, shall for all purposes be deemed to be a right to urban immovable property which can be mortgaged and burdened with a real right.

30.     Rules regarding exclusive use areas

            A developer or an association may make rules which confer rights of exclusive use and enjoyment of parts of the common property upon members of the association:

            Provided that such rules shall-

     (a)     not create rights referred to in section 29(9);

     (b)     include a layout plan to scale on which is clearly indicated-

           (i)       the locality of the distinctively numbered exclusive use and enjoyment parts; and

          (ii)       the purposes for which such parts may be used;

     (c)     include a schedule indicating to which unit each such part is allocated.

31.     Implied servitudes

            (1) There shall be implied-

     (a)     in favour of each section-

           (i)       a servitude for the subjacent and lateral support of the section by the common property and by any other section capable of affording such support;

          (ii)       a servitude for the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air and other services, including telephone, radio and television services, through or by means of any pipes, wires, cables or ducts existing on or under the land or in the building, to the extent to which such pipes, wires, cables or ducts are capable of being used in connection with the utilization of the section; and

     (b)     against each section-

           (i)       a servitude for the subjacent and lateral support of the common property and of any other section capable of enjoying such support;

          (ii)       the servitudes referred to in paragraph (a)(ii) through or by means of any pipes, wires, cables or ducts existing within such section, in favour of the common property and in favour of any other section capable of enjoying such servitudes.

            (2) The servitudes referred to in subsection (1)-

     (a)     shall be deemed to be incorporated in the title deeds of the owners affected thereby; and

     (b)     shall confer on the owners of sections the right, to be exercised by the association, to have access to each section and the exclusive use areas from time to time during reasonable hours to the extent necessary to maintain, repair or renew any part of the building or any pipes, wires, cables or ducts therein, or for making emergency repairs therein necessary to prevent damage to the common property or any other section.

32.     Creation of servitudes

            (1) The owners may by special resolution direct the association-

     (a)     to execute on their behalf a servitude or restrictive agreement burdening the land shown on the relevant sectional plan;

     (b)     to accept on their behalf a servitude or restrictive agreement benefiting the said land.

            (2) Every such servitude or agreement shall be incorporated in a notarial deed and shall be registered by the Registrar by noting such deed on the schedule of servitudes and conditions referred to in section 12(3)(b) and on the title deeds of any party to such servitude or restrictive agreement whose title deeds are registered in the land register.

            (3) If the land to be burdened by a servitude or restrictive agreement is hypothecated, the written consent of every mortgagee to the registration of such servitude or restrictive agreement shall be lodged with the Registrar.

33.     Ancillary servitudal rights

            All ancillary rights and obligations reasonably necessary to make servitudes effective, shall apply in respect of servitudes implied or created under this Act.

34.     Non-application of Deeds Registry Act to implied servitudes