Check all paperwork in sectional title deals

One would assume when purchasing a sectional title unit with a garage that when it came to selling that unit, all the paperwork would be in order and transfer would go through without a hitch, but in a case dealt with recently by Meg Dugmore, who specialises in sectional title sales at Knight Frank Residential SA, it was found that the garage had not been transferred to the current owner from the previous one.

The failure to transfer the garage in this case was actually a conveyancing error. The section number of the garage was correctly recorded on the original sale agreement, but somehow it managed to fall through a legal crack and was overlooked.

Usually each part of a sectional title scheme is given a section number and these numbers will then be marked on a section plan of the development. The apartments and garages are given separate section numbers as these are usually sold separately to the buyers and sometimes kept by the body corporate (to be used as exclusive use areas) or by the developer (who might rent them out).

This is quite an unusual case in that the previous sale took place 18 years ago and in the transfer process, the section number which was the garage was left off the transfer documents and only the apartment was transferred, leaving the garage registered to the previous owner, she said. Thankfully, the seller of the property had kept all the paperwork pertaining to her purchase of the unit and it assisted in the process of finding the previous owner, who then had to be traced and contacted to sign documents before the garage could be transferred to the buyer.

Fortunately the previous owner was eventually found and transfer of the garage can now go through, but this could have caused a lengthy delay, had they been out of the country or deceased, said Dugmore.

Another fortunate thing is that the transfer of the apartment could go through separately and the buyer did not have to wait for these to be transferred simultaneously, she said.

There are often cases of incorrectly numbered sections or of misunderstandings as to what is actually owned in sectional title schemes, and buyers should always ask to check the section plan to be sure that the unit and garage they intend purchasing corresponds with what is filled in in the sales agreement, advises Dugmore.

  Comment on this Article

  Please login to post comments

Post to my facebook wall
Characters remaining

    Latest Property News
    • 23 Mar 2018
      Durban’s rightful place on the ‘global map’ has been reaffirmed with the recent launch of the new Durban Monopoly board game. The second city in South Africa to be featured after Cape Town, the Durban edition features well-known landmarks such as Moses Mabhida Stadium, uShaka Marine World and The Pavilion Shopping Centre, among others.
    • 23 Mar 2018
      On Show Days, it's essential that you stand out from the crowd. Highlighting your home's finest features could help turn a browser into a buyer. We take a look at some tips to help you achieve the best possible result.
    • 23 Mar 2018
      After a distinctly lacklustre year during which a flood of new homes entered the market to vie for the diminishing attention of increasingly nervous investors, the housing market in Bedfordview kicked off 2018 with encouraging signs of recovery.
    • 22 Mar 2018
      Sustainability is currently a hot topic in the home and construction sector. In light of the progressing climate change and shrinking resources worldwide, it’s one of the most important issues to consider. Sustainable living is the practice of reducing your demand on natural resources by making sure that you replace what you use to the best of your ability.
    • 22 Mar 2018
      The 1% VAT increase which is set to take effect as of 1 April 2018 has set the country alight with many burning questions, most of which cannot be comprehensively answered by our knowledgeable friend Google.
    • 22 Mar 2018
      The picturesque and oft-misty town of Dullstroom in Mpumalanga belies its name. Judging by the rapidly increasing influx of weekend visitors, many of whom then look to acquire property here, it’s anything but dull, quips Anton Greeff, Pam Golding Properties area principal.
    • 20 Mar 2018
      Located close to the fast growing Fourways precinct, Dainfern continues to attract local and international interest from buyers seeking a secure lifestyle with affordable entry price of approximately R3 million.
    • 20 Mar 2018
      Property owners in the Durban CBD are addressing the affordability challenge that faces many prospective tenants in their area – and reconfiguring the inner city rental market in the process.
    Subscribe to the MyProperty Newsletter

    Last Name  
    Email Address  
    Email Frequency
    Share this Page

    For Sale Property
    Rental Property
    More Options
    Connect with us