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

Part IX : Owners, Administrators and Buildings

50. Unencumbered sections destroyed by State or local authority


(1) Where the State or a local authority is the owner of a section in a building which is not encumbered by a mortgage, lease or real right, and such section has been destroyed to give effect to a project or scheme for the benefit of the public, the State or local authority, as the case may be, may, after advising the body corporate of its intention to do so, notify the registrar to this effect and apply for the cancellation of the relevant sectional title deed.


(2) An application in terms of subsection (1) shall be accompanied by the owner's copy of the relevant sectional title deed.


(3) On receipt of such application, the registrar shall cancel the deeds office's and owner's copy of the relevant sectional title deed and shall make the necessary consequential entries in his records and notify the Surveyor-General and the local authority concerned accordingly, and thereupon the undivided share in the common property that was held under that sectional title deed shall vest in the owners of the remaining sections in the building proportionately to their respective participation quotas.


(4) On receipt of a notification referred to in subsection (3) and an amended schedule referred to in section 5(3)(g), prepared by an architect or land surveyor and to be furnished by the State or local authority, as the case may be, the Surveyor-General shall amend the original plan and the deeds office copy of the sectional plan to give effect to the cancellation of the sectional title deed referred to in the notification.


[Section 50 substituted by section 21 of Act No. 63 of 1991]