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

Part III : Registration and Common Property

19. Expropriation of common property or rights therein

 

(1) [Section 19(1) repealed by section 6(a) of the Schedule of Act No. 8 of 2011]

 

(2) [Section 19(2) repealed by section 6(a) of the Schedule of Act No. 8 of 2011]

 

(3) The provisions of section 17(3)(a) and (b) of this Act and sections 31(4) and 32(4) of the Deeds Registries Act shall apply mutatis mutandis to a transfer pursuant to an expropriation of land or a servitude or other real right in land comprising common property as contemplated in section 12 of the Sectional Titles Schemes Management Act.

[Section 19(3) substituted by section 6(b) of the Schedule of Act No. 8 of 2011]

 

(4) When land comprising common property on which a section or a part of a section is erected is transferred pursuant to an expropriation, the registrar shall cancel the registration of such section or part of such section in his or her records and shall endorse the deeds registry copy of the relevant title and any bond, lease or other registered document affected, to reflect the cancellation of the section or part of such section, and shall in like manner endorse the owner's copy of the title deed or the holder's copy of the bond, lease or other document whenever subsequently lodged at the deeds registry for any purpose.

[Section 19(4) substituted by section 7(a) of Act No. 33 of 2013]

 

(5) The provisions of section 17(4)(a), (c) and (d), (4A), (4B) and (5), shall apply with the necessary changes to the cancellation of a section or part of such section in terms of subsection (4).

[Section 19(5) substituted by section 7(b) of Act No. 33 of 2013]