| (1) |
The exclusive use areas referred to in section 5(3)(f) of the Act shall, where there is more than one area, be numbered and described in separate paragraphs in the certificate of real rights of exclusive use areas issued under any provision of the Act. |
[Regulation 28(1) substituted by regulation 4(a) of Notice No. R. 548 dated 30 June 2015]
| (2) |
Simultaneously with the transfer of a right to an exclusive use area referred to in sections 25(1), 27(3) and 60(3) of the Act, the Registrar shall make an endorsement under his or her signature: |
| (a) |
the certificate of real right issued in terms of section 25(2)(f), if such transfer is as a result of a reservation to extend a scheme in terms of section 25(1) of the Act; or |
| (b) |
the schedule of conditions referred to in section 11(3)(b), if such transfer is effected in terms of section 27(3) of the Act; or |
| (c) |
annexure A if the exclusive use area has been granted under the Sectional Titles Act, 1971, |
and the Registrar shall notify the Surveyor-General in respect of the endorsing of the said schedule of conditions, or annexure A, as the case may be.
[Regulation 28(2) substituted by regulation 4(b) of Notice No. R. 548 dated 30 June 2015]
| (3) |
The provisions of subregulation (1) shall apply mutatis mutandis to a transfer, cancellation or mortgage of any exclusive use area. |
(4)
| (a) |
Whenever any real right to an exclusive use area vests in the body corporate as contemplated in section 27(1)(c) or section 27(4)(b) of the Act, the registrar shall upon lodgment of an application by the body corporate, nearly as practicable in the form AG in Annexure 1, issue a certificate of real right in favour of the body corporate in the form AH of Annexure 1. |
| (b) |
If the real right to such exclusive use area is hypothecated, the registrar shall endorse the fact of the issuing of such certificate on the registry duplicate of the bond and, if the original bond is at any time lodged with the registrar's office for any purpose except cancellation, the registrar shall make a similar endorsement thereon: Provided that the issuing of such certificate shall not prejudice any claim to compensation which any person may have as a result of the vesting of such right. |
| (c) |
The body corporate shall produce the title deed of the real right to such exclusive use area to the registrar, together with the certificate of real right, and the registrar shall thereupon endorse the fact of the issuing of such certificate on such title deed. |
| (d) |
If the body corporate does not produce the title deed of the real right to such exclusive use area, it must submit to the registrar an affidavit stating the reasons why it has been unable to produce the title deed and the registrar shall if he or she is satisfied with the reasons, endorse the fact of the issuing of the certificate on the registry duplicate of such title deed, and if the original title deed is at any time lodged with his or her office for any purpose, the registrar shall make a similar endorsement thereon. |
| (e) |
The registrar shall not issue the said certificate unless a certificate has been furnished by the body corporate to the effect that the provisions of section 27 of the Act in connection with the vesting of such right have been complied with. |
[Regulation 28(4) inserted by regulation 4 of Notice No. R. 438 dated 13 May 2005]
(5)
| (a) |
A separate title deed as contemplated in section 27(7) of the Act may be obtained by the registered holder from the registrar upon written application accompanied by the title deed of the right to the exclusive use area concerned and such title deed must be issued, nearly as practicable, in the form Al in Annexure 1. |
| (b) |
If the right to the exclusive use area concerned is subject to a registered mortgage bond, that bond shall be produced to the registrar by the holder thereof, upon the request by and at the expense of the applicant. |
| (c) |
Before issuing such title deed the registrar shall cause to be made upon the title deed to the exclusive use area concerned and upon the mortgage bond an endorsement to the effect that a separate title deed as contemplated in section 27(7) of the Act, has been substituted for the one title deed in respect of the right to the exclusive use area concerned and the registrar shall further make the necessary entries in the registers of the issue of the separate title deed and shall, if the right to the exclusive use area is mortgaged, endorse that fact upon the title deed so issued. |
| (d) |
Any separate title deed, when issued, shall in respect of the right to the exclusive use area described therein, take the place of the title deed or deeds by which such right was previously held and the issue of such title deed shall not in any manner affect any right or obligation in connection with such right to the exclusive use area concerned. |
[Regulation 28(5) inserted by regulation 4 of Notice No. R. 438 dated 13 May 2005]
Intellectual Property Rights from Publicly Financed Research and
