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Deeds Registry Act
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Today: Oct 06, 2012
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| 1 Definitions |
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1 Definitions (1) In this Act and the rules, unless the context otherwise indicates- 'Administrator' ...... [Definition of 'Administrator' substituted by s. 1 (a) of Act 63 of 1991 and deleted by s. 1 (a) of Act 44 of 1997.] 'architect' means a person registered as an architect in terms of section 19 of the Architects' Act, 1970 (Act 35 of 1970); 'body corporate', in relation to a building and the land on which such building is situated, means the body corporate of that building referred to in section 36 (1); 'building' means a structure of a permanent nature erected or to be erected and which is shown on a sectional plan as part of a scheme; 'Chief Director'...... [Definition of 'Chief Director' deleted by s. 1 (a) of Act 7 of 1992.] 'Chief Surveyor-General' means the Chief Surveyor-General appointed in terms of section 1 of the Land Survey Act, 1927 (Act 9 of 1927); [Definition of 'Chief Surveyor-General' inserted by s. 1 (b) of Act 7 of 1992.] 'common property', in relation to a scheme, means- (a) the land included in the scheme; 3 (b) such parts of the building or buildings as are not included in a section; and (c) land referred to in section 26; 'conveyancer' means a conveyancer as defined in the Deeds Registries Act; 'Council' means, in relation to architects, the South African Council for Architects established in terms of the Architects' Act, 1970 (Act 35 of 1970), and, in relation to land surveyors, the South African Council for Professional Land Surveyors and Technical Surveyors established in terms of the Professional Land Surveyors' and Technical Surveyors' Act, 1984 (Act 40 of 1984); 'Court' means the provincial or local division of the High Court having jurisdiction and, for the purposes of section 44, a magistrates' court having jurisdiction; [Definition of 'Court' substituted by s. 1 (b) of Act 44 of 1997.] 'Deeds Registries Act' means the Deeds Registries Act, 1937 (Act 47 of 1937), and any regulation made thereunder; 'deeds registry' means a deeds registry as defined in the Deeds Registries Act; 'developer' means a person who is the registered owner of land, situated within the area of jurisdiction of a local authority, on which is situated or to be erected a building or buildings which he has divided or proposes to divide into two or more sections in terms of a scheme, or the holder of the right referred to in section 25 to extend a scheme, or his successor in title, and includes- (a) for the purposes of sections 10 and 15B (3) (c), also the agent of any such person or his or her successor in title, or any other person acting on behalf of any of them; and [Para. (a) substituted by s. 1 (b) of Act 44 of 1997.] (b) for the purposes of rebuilding any building that is deemed to have been destroyed, as contemplated in section 48, the body corporate concerned; [Definition of 'developer' amended by s. 1 (b) of Act 63 of 1991.] 'development scheme' means a scheme in terms of which a building or buildings situated or to be erected on land within the area of jurisdiction of a local authority is or are, for the purposes of selling, letting or otherwise dealing therewith, to be divided into two or more sections, or as contemplated in the proviso to section 2 (a); 'draft sectional plan' means a sectional plan prepared in accordance with the provisions of section 5, but not yet approved by the Surveyor-General; and 'draft sectional plan of subdivision', 'draft sectional plan of consolidation' and 'draft sectional plan of extension' have a corresponding meaning; 'exclusive use area' means a part or parts of the common property for the exclusive use by the owner or owners of one or more sections, as contemplated in section 27; 'land' means the land comprised in a scheme as shown on a sectional plan; 'land surveyor' means a person registered as a professional land surveyor in the register prescribed in section 7 (4) (a) of the Professional Land Surveyors' and Technical Surveyors' Act, 1984 (Act 40 of 1984); 'lease' for the purposes of section 17 (1) means a lease which- (a) was entered into for a period of not less than ten years; (b) was entered into for the natural life of the lessee or of any other person mentioned in the lease; or 4 (c) is renewable from time to time at the will of the lessee indefinitely or for periods which, together with the first period, amount in all to not less than 10 years; [Definition of 'lease' inserted by s. 1 (d) of Act 44 of 1997.] 'local authority' means a municipality contemplated in section 151 of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), exercising jurisdiction in the area in which the land is situated; [Definition of 'local authority' substituted by s. 1 (c) of Act 63 of 1991 and by s. 1 (e) of Act 44 of 1997.] 'Minister' means the Minister of Land Affairs; [Definition of 'Minister' substituted by s. 1 (d) of Act 63 of 1991, by s. 1 of Act 15 of 1993 and by Proclamation R9 of 31 January 1997.] 'notary public' means a notary public as defined in the Deeds Registries Act; 'operative town planning scheme' means a town planning scheme map and accompanying town planning scheme clauses prepared in terms of any law; [Definition of 'operative town planning scheme' inserted by s. 1 (h) of Act 44 of 1997.] 'owner' means, in relation to- (a) immovable property, subject to paragraph (b), the person registered as owner or holder thereof and includes the trustee in an insolvent estate, a liquidator or trustee elected or appointed in terms of the Agricultural Credit Act, 1966 (Act 28 of 1966), the liquidator of a company or close corporation which is an owner, and the executor of an owner who has died, or the representative, recognised by law, of an owner who is a minor or of unsound mind or is otherwise under a disability, if such trustee, liquidator, executor or representative is acting within the scope of his or her authority; (b) immovable property and real rights in immovable property- (i) registered in the names of both spouses in a marriage in community of property, either one or both of the spouses; (ii) registered in the name of only one spouse and forming part of the joint estate of both spouses in a marriage in community of property, either one or both of the spouses, [Para. (b) amended by s. 1 (a) of Act 29 of 2003.] and 'owned' and 'ownership' have a corresponding meaning; [Definition of 'owner' substituted by s. 1 (c) of Act 7 of 1992 and by s. 1 (f) of Act 44 of 1997.] 'participation quota', in relation to a section or the owner of a section, means the percentage determined in accordance with the provisions of section 32 (1) or (2) in respect of that section for the purposes referred to in section 32 (3), and shown on a sectional plan in accordance with the provisions of section 5 (3) (g); 'prescribed' means prescribed by this Act or by regulation; 'quota', in relation to a section or the owner of a section, means the participation quota of that section; 'registrable' means capable of being registered in terms of the Deeds Registries Act; 'registrar' means a registrar of deeds as defined in the Deeds Registries Act; 'regulation' means a regulation made and in force under this Act; 'rules', in relation to a building or buildings which has or have been divided into a section or sections and common property, means the management rules and conduct rules referred to in section 35 (2) for the control, management, administration, use and enjoyment of the sections and common property; 'scheme' means a development scheme; 'section' means a section shown as such on a sectional plan; 'sectional mortgage bond' means a mortgage bond hypothecating- (a) a unit or an undivided share in a unit or land held under a separate sectional title deed; or (b) a registered lease or sub-lease of any such unit or undivided share in a unit or land; or (c) any other registered real right in or over any such unit or undivided share in a unit or common property or the rights referred to in sections 25 and 27; [Definition of 'sectional mortgage bond' amended by s. 1 (e) of Act 63 of 1991 and by s. 1 (d) of Act 7 of 1992 and substituted by s. 1 (g) of Act 44 of 1997.] 'sectional plan', in relation to a scheme, means a plan approved by the Surveyor- General- (a) which is described as a sectional plan; (b) which shows the building or buildings and the land comprised in the scheme, as divided into two or more sections and common property; and (c) which complies with the requirements of section 5, and includes a sectional plan of subdivision, consolidation or extension as provided for in this Act; 'sectional title deed' means a certificate of registered sectional title or a deed of transfer; [Definition of 'sectional title deed' substituted by s. 1 (f) of Act 63 of 1991.] 'sectional title register' means the register referred to in section 12 (1) (b), and includes any sectional plan registered under this Act, and a deeds registry's duplicate of any certificate of registered sectional title deemed to be incorporated in such register; 'special resolution' means, subject to subsection (2), a resolution passed by a majority of not less than threefourths of the votes (reckoned in value) and not less than three-fourths of the votes (reckoned in number) of members of a body corporate who are present or represented by proxy or by a representative recognized by law at a general meeting of which at least 30 days' written notice, specifying the proposed resolution, has been given, or a resolution agreed to in writing by at least 75% of all the members of a body corporate (reckoned in number) and at least 75% of all such members (reckoned in value) personally or by proxy or by a representative of any such member recognized by law: Provided that in circumstances determined in the rules, a meeting of the body corporate may be convened for a date 30 days or less after notice of the proposed resolution has been given to all the members of the body corporate; 'statutory plan' means a land development objective prepared in terms of Chapter IV of the Development Facilitation Act, 1995 (Act 67 of 1995), an integrated development plan prepared in terms of section 10D (4) (b) or section 2 of Schedule 2A to the Local Government Transition Act, 1993 (Act 209 of 1993), or any other integrated plan, layout plan or package of plans in force in the area and which has or have been approved by a competent authority in terms of any law; [Definition of 'statutory plan' inserted by s. 1 (i) of Act 44 of 1997.] 'Surveyor -General' means a Surveyor-General appointed in terms of section 4 of the Land Survey Act, 1927 (Act 9 of 1927); 'this Act' includes the regulations; 'unanimous resolution' means, subject to subsection (3), a resolution- (a) passed unanimously by all the members of a body corporate who are present or represented by proxy or by a representative recognized by law at a general meeting of the body corporate of which at least 30 days' written notice, specifying the proposed unanimous resolution, has been given, and at which meeting at least 80% of all the members of a body corporate (reckoned in number) and at least 80% of all the members (reckoned in value) are present or so represented: Provided that in circumstances determined in the rules, a meeting of the body corporate may be convened for a date 30 days or less after notice of the proposed resolution has been given to all the members of the body corporate; or [Para. (a) substituted by s. 1 (g) of Act 63 of 1991.] (b) agreed to in writing by all the members of the body personally or by proxy or by a representative of any such member recognized by law; 'undivided share in common property', in relation to an owner, means an undivided share of that owner in common property as determined in accordance with the quota of the section of which he is the owner and, in relation to a section, means an undivided share in common property apportioned to that section in accordance with the quota of the section; 'unit' means a section together with its undivided share in common property apportioned to that section in accordance with the quota of the section. (2) For the purposes of the definition of 'special resolution' in subsection (1), a notice contemplated in that definition shall be deemed adequate if- (a) it has been delivered by hand to a member not less than 30 days prior to the relevant general meeting; or (b) it was despatched by prepaid registered post not less than 30 days prior to such meeting to the address of a member's unit in the relevant scheme, or to such other address as a member may have indicated in writing for the purposes of such notice. (3) For the purposes of the definition of 'unanimous resolution' in subsection (1)- (a) a notice contemp lated in that definition shall be deemed adequate if it has been delivered to, or despatched to the address of a member, as contemplated in paragraphs (a) and (b), respectively, of subsection (2); (b) a member present or represented at a meeting contemplated in that definition, who himself, or through a proxy or representative, as the case may be, abstains from voting on the resolution in question, shall be regarded as having voted in favour of the resolution; and (c) where the resolution in question adversely affects the proprietary rights or powers of any member as owner, the resolution shall not be regarded as having been passed unless such member consents in writing thereto. (3A) If a body corporate is unable to obtain a unanimous resolution, it may, subject to the provisions of subsection (3) (c), approach the court for relief. [Sub-s. (3A) inserted by s. 1 (b) of Act 29 of 2003.] (4) The Minister may by notice in the Gazette declare any institution or body established by or under the provisions of any other law and which exercises powers and performs duties which, in the opinion of the Minister, correspond with the powers and duties ordinarily exercised or performed by an institution or body referred to in the definition of 'local authority', to be a local authority for the purposes of this Act. |
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