What is an exclusive use area?

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Kruger Attorneys & Conveyancers Inc
Kruger Attorneys & Conveyancers Inc is a specialised conveyancing practice, providing incomparable property law services through practical wisdom and trusted advice.

An exclusive use area is typically a parking bay, garden, storeroom or carport that is defined in terms of the Sectional Titles Act as forming part of the common property of the said scheme. The exclusive use area is delineated and reserved for the sole and exclusive use of the owner of a unit or units in the scheme.

It is important to understand that the exclusive use area does not form part of the unit, and forms part of the common property of the scheme.

When an owner of a unit sells his/her unit, the owner must cede his/her right to the exclusive use of such area to the new owner simultaneously with the transfer. This is done by way of a Notarial Deed of Cession of Exclusive Use Area and is registered in the Deeds Office. Alternatively, exclusive use areas can be allocated by the Body Corporate in terms of either its Management or Conduct Rules of the Scheme.