| (2) |
When making application for the opening of a sectional title register and the registration of a sectional plan, a developer may in the schedule referred to in subsection (3)(b) impose registrable conditions. |
| (3) |
An application in terms of subsection (1) shall be accompanied by— |
| (a) |
two copies of the sectional plan; |
| (b) |
a schedule certified by a conveyancer setting out the servitudes and conditions of title burdening or benefiting the land and the other registrable conditions imposed by the developer in terms of subsection (2), as well as such other particulars as may be prescribed; |
[Section 11(3)(b) substituted by section 7(a) of Act No. 44 of 1997]
| (c) |
the title deed of the land in question; |
| (d) |
any mortgage bond to which the land may be subject, together with the consent of the mortgagee to the opening of the sectional title register and to the endorsement of such bond to the effect that it attaches to— |
| (ii) |
the certificate or certificates of real right in respect of a right reserved in terms of section 25(1); and |
| (iii) |
the certificate or certificates of real right in respect of a right of exclusive use as contemplated in section 27(1): |
Provided that where a bond is registered against one or more pieces of land shown on the sectional plan, all the land shown on the sectional plan may, upon written application by the developer and with the written consent of the mortgagee, be substituted for the land originally mortgaged under the bond and if different pieces of land shown on the sectional plan are mortgaged under different bonds, the sectional plan may not be registered unless the bonds are cancelled;
[Section 11(3)(d) substituted by section 3(a) of Act No. 11 of 2010]
[Section 11(3)(e) substituted by section 3 of the Schedule of Act No. 8 of 2011]
| (f) |
certificates of registered sectional title in the prescribed form in respect of each section and its undivided share in the common property, made out in favour of the developer; |
| (fA) |
[Section 11(3)(fA) deleted by section 7(c) of Act No. 44 of 1997];
|
| (fB) |
the certificate or certificates of real right in respect of any right which has or have been reserved by him or her in terms of section 25(1); |
[Section 11(3)(fB) inserted by section 3(b) of Act No. 11 of 2010]
| (fC) |
the certificate or certificates of real right in respect of any right of exclusive use if a condition, as contemplated in section 27(1), has been imposed; and |
[Section 11(3)(fC) inserted by section 3(b) of Act No. 11 of 2010]
| (g) |
such other documents and particulars as may be prescribed. |
Maintenance Act, 1998
