Monthly Archives: March 2014

Sectional Title Schemes: Deviations from section 25 plans finally settled

Deviation from the section 25(2)(a) and (b) plans when exercising a real right of extension has been soaked in debate since their introduction as a potential “plot-and-plan” option in sectional title developments. Alan West analysed the recent unreported case of Hartenbos Woonwapark CC v Registrar of Deeds and others and argues that the issue has finally been put to rest.

In the initial case of Dolphin Whisper Trading 10 (PTY) LTD v The Registrar of Deeds and another (20645/08) [2009][ZAWCHC] the Court found that if there is not sufficient evidence of changed circumstances, the real right of extension has to be exercised strictly in accordance with the section 25(2)(a) and (b) plans... Read More

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