Sectional Titles

Background

The Sectional Titles Act and in particular some topics to be discussed in this seminar were recently the subject of legislative changes that aim to modernise the regulatory framework and open up various possibilities to developers and owners of sectional title units. A number of Registrars' Conference Resolutions were taken in order to give effect to the practical implementation of these changes in the registration process.

Aim

The aim of the notes is twofold, namely:

    • to discuss and explain the theory relating to the topics listed below; and
    • to demonstrate the drafting of the necessary documentation to accomplish the relevant registration procedures.
  • Subdivision of sections (including partitioning)
  • Consolidation of sections
  • Procuring the same effect as subdivision in respect of an exclusive use area
  • Procuring the same effect as consolidation in respect of an exclusive use area
  • Subdivision of a real right of extension
  • Extension of a section
  • Extension of a section encroaching on an exclusive use area
  • Extension of an exclusive use area
  • Amendment of a real right of extension
  • Exercising of a real right of extension together with aspects relating thereto

Seminar notes

Comprehensive and updated notes, combining theory and practical examples on these topics.

  • Volume 1 - explanatory notes dealing with theory (± 90 pages)
  • Volume 2 - practical examples dealing with drafting of documents (± 90 pages)

Newest practice developments

The notes deal with the following:

  • 15 Registrar's Conference Resolutions taken at the end of October 2012 which directly impact on the matters that are being discussed
  • amendments to the regulations by Regulation Gazette 9596 (which came into operation on 28 October 2011)
  • the Sectional Titles Amendment Act 11 of 2010 (which came into operation on 7 December 2010
  • how the new Sectional Titles Schemes Management Act will impact on the topics under discussion, when the Act comes into operation

Compiled by – Erinda Frantzen

Erinda FrantzenErinda Frantzen is an attorney, notary and conveyancer from Pretoria. She has served the Centre for Conveyancing Practice as a lecturer in deeds and notarial practice for over six years. She is the co-author of the prestigious self-study notes on conveyancing and notarial practice. She was the presenter of two successful seminars in 2011, namely: "Conveyancing and the new Companies Act" (June 2011) and "Amended regulations under the Sectional Titles Act" (November 2011). Another of her responsibilities is the development and presentation of workshops in preparation for the conveyancing examination as well as the training courses for conveyancing typists.

She obtained the degree of BCom (Law) at the University of Pretoria in 1993 and obtained her LLB at the University of South Africa in 1996. She did her articles at Couzyn, Hertzog & Horak in Pretoria in 1997 and 1998. This was followed by five years as a conveyancer and notary at Van der Merwe Du Toit Inc. In January 2006 she embarked on a career as lecturer at the Centre for Conveyancing Practice.

Revised by – Allen West

Allan WestAllen West is a well-known authority on conveyancing matters in South Africa. He is the head of the Deeds Training Section of the Directorate: Training and Legal Support in the Department of Rural Development and Land Reform. He is the author of The Practitioners Guide to Conveyancing and Notarial Practice (2nd edition), the initiator and co-author of The Consolidated Practice Manuals of the Deeds Office of South Africa, as well as the co-author of numerous other books on conveyancing. He has published over a hundred articles in leading journals, such as De Rebus, and regularly publishes articles on GhostDigest.

Allen is also a lecturer extraordinary at the University of Pretoria and a moderator of conveyancing subjects at Unisa. He has presented courses for the LSSA since 1984 and currently serves on the following boards: Sectional Title Regulation Board, Deeds Registries Regulation Board, and the Registrars Conference.

Allen was the initiator of the South African Deeds Journal (SADJ), and has been the editor since its inception in 2003.

Allen obtained his qualification (NDRD) from Unisa and has also studied at the University of Wisconsin Madison.

Seminarnotes Cover

 Price

R490 - one set
R735 - two sets

(2nd set -50%)
Practical Examples only available in English

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