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

Part VI : Exclusive use of Common Property and Servitudes

29. Creation of servitudes

 

(1) The owners may, if duly authorised in terms of section 5(1)(g) the Sectional Titles Schemes Management Act, direct the body corporate—

[Words preceding subsection (1)(a) substituted by section 13 of the Schedule of Act No. 8 of 2011]

(a) to execute on their behalf a servitude or restrictive agreement burdening the land shown on the relevant sectional plan;
(b) to accept on their behalf a servitude or restrictive agreement benefiting the said land.

 

(2) Every such servitude or agreement shall be embodied in a notarial deed and shall be registered by the registrar by noting such deed on the schedule of servitudes and conditions referred to in section 11(3)(b) and on the title deeds of any party to such servitude or restrictive agreement whose title deeds are registered in the land register.

 

(3) If the land to be burdened by a servitude or restrictive agreement is hypothecated, the written consent of every mortgagee, existing on the date of execution of the notarial deed, to the registration of such servitude or restrictive agreement shall before such registration be obtained by the notary public and filed in his or her protocol.

[Section 29(3) substituted by section 10 of Act No. 11 of 2010]