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Sectional Titles Act, 1986 (Act No. 95 of 1986)

Part II : Development Schemes, Sectional Plans And Sectional Title Registers

13. Effect of registration of sectional plans

 

(1) Upon the registration of a sectional plan the building or buildings and the land shown thereon shall, subject to the provisions of this Act, be deemed to be divided into sections and common property as shown on the sectional plan.

 

(2) A sectional plan, together with the schedule of servitudes and conditions referred to in section 11(3)(b), shall upon the registration of such plan be deemed to be part of the sectional title deed, and an owner's title to his or her section and his or her undivided share in the common property shall be subject to or shall be benefited by the servitudes, other real rights or conditions (if any) which burden or benefit the land shown on the sectional plan, and shall also be subject to any registrable condition imposed by a developer in terms of section 11(2).

[Section 13(2) substituted by section 8 of Act No. 44 of 1997]

 

(3) Upon the registration of a sectional plan, any mortgage bond, lease, other real right or condition then registered against or affecting the land shown on the sectional plan, shall be deemed to be converted into a bond, lease, other real right or condition registered against or affecting the sections and common property shown on the sectional plan.