In an effort to enlighten all our readers, we’d like to take the opportunity to revisit an old question; what is a sectional title? This is an important question and is never as easily understood by the layman. So you would be forgiven for not knowing the minutia, and really, you shouldn’t need to know the minutia, but only the basics.
A sum of its parts
A sectional title, to put it rather simply, can be either a single building, a piece of ground, or a collection of buildings on a piece of property. If and when the building or property (and attached buildings) gets divided into sections with common property, this is considered to be a sectional title. However, a sectional title is more about the trusteeship between sectional title owners or property directors than the property itself, and the relationship and decisions between members of the trustee are largely governed by law.
Sectional titles have become exceptionally important in urban South Africa, where the demand for economical housing has driven the market to develop more apartments, townhouses and complexes, all likely to be subdivided and separately owned.
All the owners of the individual titles or sections are invested in the co-ownership of common property. Quite simple to understand; common property is all the property within a sectional title that can be used by all owners, trustees, and tenants. The Body Corporate of the sectional title is usually responsible for the maintenance of the common property, and they are also responsible for drafting rules and regulations determining the use of common property.
As can be expected, sectional titles involve many parties, agreements, and laws. As such, there is often misunderstanding between Body Corporate members or trustees of the sectional title. Sometimes disagreements lead to legal conflicts. In such cases, it is recommended that parties make use of sectional title attorneys to assist them. Ivan Zartz Attorneys is one such practice, available to anyone who requires help with regards to sectional title law in South Africa.
If you require our assistance, don’t hesitate to contact us!