Sectional Title Rules and Regulations in South Africa

Sectional Title Rules and Regulations in South Africa

(a) If the registration of the partial plan is cancelled, the registrar shall make the amendments, additions, entries and entries in the land register concerned and the registers necessary to convert the land into a land register. However, if the intention is still not clear in the text, additional rules, guidelines, principles or presumptions of interpretation should be used. There is no established hierarchy of these assumptions. The courts are flexible in their approach and often exercise their discretion. There are a number of steps that need to be taken to change corporate regulations. In general, (8) The provisions of subsections 5 to 7 apply, with necessary modifications, if the registration of a partial plan is cancelled by a decision of the court in accordance with section 14 (8) of the Act. (b) the relevant instrument of the owner of the entity or the holder of rights in rem, as well as the consent of the holder of a mortgage obligation or the holder of rights in rem to dispose of it. (h) Any addition, modification or line spacing in a draft section plan shall be initialled by the competent expert or architect and, for this purpose, the margin on the right side of the sheet shall be used for such addition, amendment or line spacing. 2. A carrier or any other person authorised by an act drawing up a transfer document, a partial deed or Pfandbrief within the meaning of paragraph 1 shall initial any amendment or line spacing of that transfer deed, deed or partial Pfandbriefe and any page thereof which does not require a signature, and no such act of transfer. Partial certificates or Pfandbriefe shall be accepted for execution or registration if they are not accompanied by such a certificate and are not initialled, provided that, in the case of such a deed of transfer, certificate or partial hypothecary suretyship, where an amendment or interlining is not so initialled, and in the opinion of the Registrar, such initialling by the supervisor: who drew up the deed of assignment, certificate or partial hypothecary deed is not required, such amendment or interlining may be initialled by the assignee who executes the deed of transfer. (b) knowledge of all matters relating to the registration or cancellation of rights in rem in land in respect of concessions, transfers, leases, subdivisions, consolidations, easements, obligations, mineral and surface rights, national building regulations under the National Building Regulations and Building Standards Act 1977 (Act No. 103 of 1977), planning programs and the provisions of the Act respecting the management of section titles; 2011; and (1) The register of section titles in accordance with section 12 (1) letter b of the Act shall be opened by means of a section title file in accordance with Form D of Schedule 1.

[Reg 6 am by the provisions of GoN R991 in G. 11318, Reg 4 of GoN R2345 in G. 12767, Reg 6 of GoN R1422 in G. 18387; Subs by Reg 3 of the GoN 830 in G. 21483.] (d) the title deed number of the country concerned; Subsection 10(4) of the Act provides that the rules of the system are binding on both the entity and the owners and users of the items. (4) The registrar shall give the municipality concerned a copy of the registered partition plan. (ii) the original replacement certificate replaces the original replacement certificate that has been lost or destroyed; The original of the replacement certificate and copies thereof must be marked as indicating the date of the register of documents. The original of the replacement certificate and one of its copies shall be returned to the author and the other copy shall be deposited in the title file of the section. The submission of a draft section plan to the Surveyor General within the meaning of section 7 of the Act for approval must be accompanied by: Subsection 10(3) of the Act requires that the rules of administration or conduct “be reasonable and apply equally to all unit owners.” Any inappropriate provision is not a valid rule. It is important to note the requirement that the rule must be proportionate and based on the particular circumstances of the system and the members of the entity. (3) The Registrar may refuse to register a cutting plan if the Registrar is of the opinion that the plan is dilapidated. (b) rights in rem, with the exception of mining rights; and (1) A land surveyor may, at any time, verify on site the accuracy or correctness of any proposed section, section or measurement plan recorded by a land surveyor or architect.

(iv) in the case of immovable property defined in an approved plan, the number of the title deed with which the plan is filed. (3) An application under paragraph (1)(a) must be accompanied by a replacement plan in accordance with paragraph 11(3)(b) of the Act if the land to be included in the municipal system concerned is subject to conditions different from those entered when the condominium registry was opened. (1) A certificate of section designation registered under section 11 (3) (f) of the Act shall take the form of Form C in Schedule 1, shall be signed and dated by the Registrar and affixed with the Registrar`s official seal. (a) the deed of ownership of a registered real right, where the land is subject to such a right, other than mining rights, which must be appropriately stamped to indicate that the land described therein is the subject of a development plan and is entered in the property register of the division, provided that a certificate attesting that the beneficial title is not available; The Registrar shall provide the duplicate register of this title deed and, if at any time the original title is deposited with the Registrar for any purpose, the Registrar shall affix an appropriate endorsement thereof; 5. On receipt of the notice referred to in subparagraph 4, the Surveyor General shall make the necessary amendments and entries to the cutting plan and to its copy in the register of acts.

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