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

Part V : Extension of Schemes

26. Extension of schemes by addition of land to common property

 

(1) [Section 26(1) repealed by section 10(a) of the Schedule of Act No. 8 of 2011]

 

(2) Land purchased or otherwise acquired by the body corporate in terms of section 5(1)(d) of the Sectional Titles Schemes Management Act shall be deemed to be owned by the owners of the sections in the building concerned in the same proportion as their participation quota as reflected on the relevant sectional plan.

[Section 26(2) substituted by section 10(b) of the Schedule of Act No. 8 of 2011]

 

(3) [Section 26(3) deleted by section 19(b) of Act No. 44 of 1997]

 

(4) The provisions of section 7(2), (3) and (4) shall apply with the necessary changes to the preparation and submission to the Surveyor-General of a draft plan of extension of the common property, and the approval of such plan by him or her.

[Section 26(4) substituted by section 19(c) of Act No. 44 of 1997]

 

(5) The registrar shall, upon the submission of the prescribed documents, register a plan of extension of the common property in terms of this section by making an endorsement on the relevant title deed to reflect that the land concerned has been incorporated in the sectional plan, shall make such further endorsements and entries in his or her records as may be necessary to give effect thereto, and shall furnish a copy of the sectional plan of extension to the local authority concerned and notify the Surveyor-General of the registration of such plan of extension, and thereupon the Surveyor-General shall amend the original sectional plan and deeds office copy of the sectional plan to reflect such extension.

[Section 26(5) substituted by section 7 of Act No. 29 of 2003]

 

(6) The registrar shall not register a plan of extension in terms of this section if the additional land to be incorporated as common property is subject to a mortgage bond.

 

(7) Upon the registration of a plan of extension of the common property in terms of this section, such plan shall be deemed to be incorporated in the sectional plan registered in terms of section 12(1)(a), and the land to which such sectional plan of extension relates shall be deemed to be incorporated as common property in such registered sectional plan.