GEOMATICS
The biggest advantage of sectional titles is that units are smaller and via a multiple-storey development it is possible for more people to own their own home
Pros and cons of sectional title and full ownership There are several ways to own proper ty in South Africa of which full title (FT) and sectional title (ST) ownership are the most common and apply for any legal entity, such as companies, trusts, government, churches, and organisations. By Altus Strydom*
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ssentially, any legal entity can own property and have other real rights such as servitudes, exclusive use (EU) areas and leases registered over property. Certain rural communities fall under tribal law, where the tribe owns the property, and individual tribe members have no or little security of title. Years ago, there was also the 99-year leasehold system, where property ownership was extended to previously disadvantaged communities. Over time, these were converted to FT ownership. Ownership is secured by survey, Surveyor General approval and registration in the Deeds Office via the Deeds Registries Act (No. 47 of 1937). The role of the land surveyor is crucial in the property registration process, because they are the person that, prior to lodgement with the Surveyor General, is responsible for certifying that all legal and municipal requirements were adhered to in terms of the
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Acts that control property ownership. These incorporate the Land Survey Act (No. 8 of 1997), Town Planning Scheme, and in the case of ST also building plans and Spatial Planning and Land Use Management Act (No. 16 of 2013) stipulations.
EU should be surveyed and registered in the Deeds Office as part of the ST plan. This is a real right and owners are in control. What is FT ownership? For the sake of comparison, we will discuss
SECTIONAL TITLE AND FULL TITLE DEFINED What is ST ownership? Here, you own a unit in a building and have joint ownership in the common property. The scheme is managed by the trustees and managing agent, which means that there must be consensus in all decision-making. Most decisions are prescribed by rules and the body corporate. If something goes wrong (e.g. the roof leaks or the boundary wall falls over), the entire complex is responsible for the costs. Owners have a right over EU areas, such as an enclosed garden or carport. Essentially,
Altus Strydom
