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

Part I : Introductory Provisions

2. Ownership and real rights in or over parts of buildings, and registration of title to ownership or other real rights in or over such parts

 

Notwithstanding anything to the contrary in any law or the common law contained—

(a) a building or buildings comprised in a scheme and the land on which such building or buildings is or are situated, may be divided into sections and common property in accordance with the provisions of this Act: Provided that where a scheme comprises more than one building, any such building may, subject to section 5(4), be so divided into a single section and common property;
(b) separate ownership in such sections or an undivided share therein may be acquired in accordance with the provisions of this Act;
(c) the owners of such sections shall own such common property in undivided shares in accordance with the provisions of this Act;
(d) any real right may be acquired in or over any such section or an undivided share therein or common property in accordance with the provisions of this Act; and
(e) a registrar may, in accordance with the provisions of this Act, register in a deeds registry a title deed whereby ownership in, or any lease of, or any other real right in or over, any such section or an undivided share therein or common property is acquired.