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

Regulations

Sectional Titles Amendment Regulations, 2021

Annexures

Annexure 1 : Forms

Form H

 

FORM H

 

Prepared by me

 

 

.....................................................

CONVEYANCER

 

 

.....................................................

(State full name and surname in block letters)

 

 

.....................................................

(Disclose Legal Practice Council Membership Number)

 

 

DEED OF TRANSFER

 

Be it hereby made known:

 

That . ................................appeared before me at................................................, being duly authorized thereto by a power of attorney granted to him or her by ..............................................dated the................................................day of ...........................................and signed at...........................................and the said appearer declared that—

(here insert an appropriate recital of the nature and date of the transaction or the circumstances necessitating transfer) and that he or she in his or her capacity as aforesaid, do , by these presents, cede and transfer, in full and free property, to and on behalf of...............................................

 

*1. A unit consisting of—
(a) Section No. ........................... as shown and more fully described on Sectional Plan No. SS ....................................... in the scheme known as .............................................................. in respect of the land and building or buildings situated at † ....................................... of which section the floor area according to the said sectional plan is ............................... square metres in extent; and
(b) an undivided share in the common property in the scheme apportioned to the said section in accordance with the participation quota as endorsed on the said sectional plan.

 

Held by virtue of ‡ .................................................

 

*2. Here insert the description of the land to be conveyed, the extent thereof, and comply with the provisions of the regulations promulgated under the Deeds Registries Act, 1937 (Act No. 47 of 1937), with reference to the extending clause and the conditions governing the unit.

 

*3. All the right, title and interest (here insert the share to be alienated if not the full interest) in the land and building or buildings in the scheme known as ............................................situated at † ..................................................... which interest consisting of§Section No. ...............................in extent ..................................... as shown and more fully described on Sectional Plan No. SS...................................and *undivided share/undivided shares in the common property apportioned in accordance with the participation quota as endorsed on the said sectional plan.

 

Held by virtue of ‡ .................................................

 

The said *unit/interest is subject to or shall benefit by—

(i) the servitudes, other real rights and conditions, if any, * as contained in the schedule of conditions referred to in section 11(3)(b) and the servitudes referred to in section 28 of the Sectional Titles Act, 1986 (Act No. 95 of 1986) / endorsed on the sectional plan and the servitudes referred to in section 19 of the Sectional Titles Act, 1971 (Act No. 66 of 1971); and
(ii) any alteration to the building or buildings or to a section or to the common property shown on the said sectional plan.
iii) (Insert the special conditions endorsed against the title deed contained therein.)

 

Wherefore all the rights, title and interest which the transferor heretofore had to the unit aforesaid is renounced, and in consequence it is also acknowledged that the transferor is entirely dispossessed of, and disentitled to, the same, and that, by virtue of these presents the aforesaid transferee now is entitled thereto, the State however, reserving its rights and finally acknowledging .....................................(here quote the * purchase price/declared value of the property where a purchase price is not applicable/purchase price and the declared value where the declared value of the property is higher than the purchase price).

 

 

Signed, executed and sealed at.............................................on......................................................

 

.......................................................................

qq Signature of appearer

 

In my presence

 

Registrar of Deeds

 

* Omit whichever is not applicable.

 

† State name of town/city or suburb or township and local authority/description of the farm.

 

‡ State type of sectional title deed(s) and the number(s) thereof.

 

§ State each unit in separate paragraph.

. The Legal Practice Council Membership Number must be disclosed together with the full name and surname of the conveyancer- appearer in the pre -amble of the Deed of Transfer.

 

[Form H substituted by regulation 5(a)(b) of Notice No. R. 883, GG43614, dated 14 August 2020]