SECTIONAL TITLE OPENING & TRANSFER ATTORNEYS IN SOUTH AFRICA
Your Preferred Legal Partner In Sectional Title Opening & Transfers In South Africa
WHAT DOES A SECTIONAL TITLE OPENING & TRANSFER ENTAIL IN SOUTH AFRICA?
Sectional Title Opening & Transfers refer to the process a property developer engages in when acquiring land and preparing a sectional plan for approval by the local Surveyor General Office. The sectional plan shows the division of the sections of the building or buildings, the designated common area, and the exclusive use area.
Measurements taken to prepare the plan are actual, so the building must be sufficiently complete. Once approved, the developer applies to the local Registrar of Deeds to register the sectional plan and open a sectional title register. With the opening of the register, the property is no longer common land but sectional title property.
The developer must transfer the units to the individual owners following the previous step. The units are usually transferred simultaneously, and on the transfer of the first unit from the developer, a Body Corporate is established. Each unit owner in the scheme is a member of the Body Corporate and bound by its rules.
WHAT ARE THE LEGAL STEPS TO REGISTER A SECTIONAL TITLE IN SOUTH AFRICA?
Upon approval of the sectional title plans by the Surveyor-General, the legal process of registration for the sectional title scheme commences. It is highly advised to consult with a specialist property law firm with extensive experience and knowledge of property law and conveyancing and has the required sectional title opening and transfer experience to seamlessly and according to the law assist with the registration in the Deeds Office and complete the legal process without delay.
PM Attorneys’ sectional title opening & transfer attorneys in South AFrica will complete the whole process from start to finish. The following legal documents must be lodged with the Registrar of Deeds:
We will apply to the Registrar of Deeds for the opening of the sectional title register and the registration of the sectional title plan. Sectional title units cannot be registered in the sectional title scheme before the sectional title register is opened, even if prospective buyers have already bought their units directly from the building plans. This will thus include an application under section 11(1) of the Sectional Titles Act 95 of 1986, The Title Deed of the land/property and the Sectional plan.
Our expert attorneys will assist you in preparing a schedule of conditions and obtaining the relevant financial institution’s consent if there is an existing mortgage bond over the property. We will lodge with the Registrar of Deeds the Schedule of conditions in terms of section 11(3)(b) of the Sectional Titles Act 95 of 1986, read with regulation 10(3) and the Rules for the Sectional Title Scheme.
PM Attorneys boast extensive experience, knowledge and years in practice, making us the preferred legal partner in South African Law. Contact us for professional, expert advice and effective legal solutions to your sectional title registration matters.
