It often occurs in practice that a sectional title scheme is opened on more than one piece of land. In terms of the repealed Sectional Titles Act 66 of 1971, these properties had to be consolidated before a sectional title scheme could be opened. The Sectional Titles Act, 95 of 1986, however, provided some relief in this regard, as it was found that it is not always possible to consolidate properties, given the provisions of section 40 of the Deeds Registries Act 47 of 1937.
The relief afforded is contained in section 4(2) of the Act and reads as follows:
“A scheme may relate to more than one building situated, to be erected or being in the process of erection on the same piece of land, or on more than one piece of land, whether contiguous or non contiguous: Provided that the building or buildings to be divided into sections shall be situated only on one such piece of land or on two or more such contiguous pieces of land registered in the name of the same person and which have been notarially tied.”
From the phrasing of section 4(2) of the Act it is clear that a sectional title scheme may consist of one building only; or more than one building. Furthermore, the sectional title scheme may be developed on one piece of land; or on more than one piece of land. Where the scheme comprises more than one piece of land, the respective pieces of land may even be non contiguous. However, where the scheme is developed on more than one piece of land, all the buildings to be divided into sections (i.e. not the buildings to be categorized as common property only, e.g. the club house; the restaurant; the laundry, etc) must be:
The notarial tie agreement is effected by means of a bilateral notarial deed to be executed by the owner of the land to be tied (the developer) or his/her duly authorized agent as the one party to the agreement and the person entitling to enforce the restriction, usually the local authority concerned, or its duly authorized agent. The notarial deed must be registered in the deeds registry against the affected properties, prior or simultaneously with the opening of the sectional title register.
Where a sectional title scheme is to be opened on more than one piece of land it will not be necessary to consolidate the properties. Where the scheme comprises more than one piece of land, but all the sections are erected on only one of such pieces, no further act of registration in the form of a notarial tie agreement is required. However, should the sections be on more than one piece of land, and such pieces of land are contiguous (adjacent) then a notarial tie agreement is a pre requisite.
Note: Where the pieces of land are not contiguous, for example separated by a road, sections may not be erected on both the pieces of land and a notarial tie agreement is not a prerequisite.
In terms of RCR 80/2012 a unit in a scheme may be notarially tied to land outside the scheme. Is it possible to tie all the units as well as the common areas in an exisiting scheme Notarially with an erf adjacent to the scheme?
Annemarie, if I understand your question correctly you also want to notarially tie the exclusive use areas -- the answer is in the negative.
Dear Allen A Question: Can two developement schemes exist on the same piece of land? Section 18 of the 1971 Act and Section 25 of the 1986 Act both describe that a developer, after registration of the Sectional plan, may submit a draft sectional plan to the SG for approval of a proposed scheme. Is this a new scheme to be consolidated into the existing scheme upon registration, which will have its own register, because with every registration of an additional phase a new register is opened by the Registrar? Or is this an extension to an existing scheme to be included in the relevant register Section 25(9)? Some literature refers to the scheme's register and some refers to the scheme's registers.