STATUTORY LAND USE INTRODUCTION Extended common law Emphasis on - - PowerPoint PPT Presentation

STATUTORY LAND USE

INTRODUCTION

• Extended common law
• Emphasis on exercise and protection of

use rights

• Exercise of entitlements also restricted

because of consideration to others SECTIONAL TITLE

• Individual sectional owner owns part of

building

• Jointly
• all common owners
• bound common ownership
• common property

Learning outcomes of this Unit

• Formulate the new forms of land use

regulated by statute and formulate advice

• n the advantages and disadvantages of

each.

• Detect the changes to common law

principles regarding ownership of immovable property with the commencement of these statutes.

• Catalogue the meaning, functioning and

establishment of the following terms:

• sectional title
• share blocks
• time-sharing

Learning outcomes (continued…)

• Demonstrate a knowledge of the

calculation of a participation quota and what it determines.

• Formulate the documents that should

accompany the developer’s application for registration of the sectional plan and the opening of a sectional title register.

• Differentiate between the different

forms of housing development schemes for retired persons.

• Lay out the nature of the right that a

retired person has in a housing development scheme. This unit is based on Chapter 6 of Van der Walt and Pienaar (2009)

Sectional title unit

Composite immovable thing 2 components

Individual owner of a section of a building Plus undivided share in common property

Anything not part of a section, eg hallways, stairs, lift

Amendment of common law principles

Common law principle (still applicable in

• rdinary ownership

relationships) Sectional title principle (only applicable on sectional title schemes)

• Owner of things

permanently attached ( superficies solo cedit)

• Air space above( cuiius est

solum)

• Exercise entitlements of

use and enjoyment without interference (plena in re potestas)

• Free co-owner can any

time divide land or alienate undivided share

• Not jointly owners, each

sole owner of part

• Section has horizontal and

vertical boundaries

• Joint exercise regarding

common property

• Bound common
• wnership:

Not use actio communi dividundo to divide property Alienation limited to section of building;Not right to veto in case of legal action;Body corporate performs legal action;Owner of particular section not ideal nature

Legal nature of sectional

• wnership

Section

Undivided share in common property

Sectional title unit

Indicated on sectional plan with reference to walls, floors and ceilings. Includes parts such as porch, lobby, balcony, forecourt that belongs with section Calculated with reference to participation quota

DEFINITIONS(continued…)

Know when this will be used:

• Unanimous resolution
• Special resolution
• Rules
• Management rules
• Rules of conduct

Procedure to establish

• Draft sectional plan
• Notice to tenants
• Approval by surveyor – general
• Opening of sectional title register

and registration of sectional plan

• Alienation of units
• Protection of tenants
• Notice
• First offer

Extension of scheme

Complete or erect further developments (What is the legal nature of the right to extend a sectional title scheme, how is it created and how is it transferred?)

Activity 1: Destruction of building

When can a building regarded so?

SHARE BLOCKS

• Functioning of share block

scheme

• Protective measures
• The legal nature of the right to
• ccupy a share block unit

Activity 2:

List the advantages and disadvantages of this form of statutory land use.

TIME-SHARING

• Legal nature
• Protection of purchaser
• As basis of club (read)
• Levies

Activity 3:

List the advantages and disadvantages of this form of

• wnership of property.

HOUSING DEVELOPMENT SCHEMES FOR RETIRED PERSONS

• Housing interest
• Types of schemes
• Legal nature of right

Activity 4:

Discuss the legal nature of the right

• btained by a housing development

scheme for retired persons and describe in which way can it be statutorily protected?