Where sections are transferred in terms of a sectional title scheme of which the register was opened under the Sectional Titles Act of 1971, ie before 1 June 1988, the following wording must be referred to in the conditional clause of the deed of transfer:
“Endorsed on the sectional plan and the servitudes referred to in section 19 of the Sectional Titles Act, 1971 (Act No. 66 of 1971); and”
This practice was only introduced from 1 January 2013. Thus, all title deeds registered prior to that date, still referring to the 1986 Act, need not be rectified in terms of section 4 (1)(b), but the new deed of transfer must follow the amended prescribe form H. See in this regard the foot note to prescribe form H.
Please do not hesitate to contact us should you need any assistance.
Allen West
Property Law Consultant
HANNES GOUWS AND PARTNERS INC.
Attorneys, Notaries & Conveyancers
Tel: 012 321 1008
Cell 078 7655928
E-mail: allen@hannesgouws.co.za
Author of The Practitioners Guide to Conveyancing and Notarial Practice 3rd Edition
