Are we entitled to exclusive-use areas?
In answer to this question, that’s recently been asked frequently
What is a sectional title?
A title system in which ‘sections’ of buildings are created for separate ownership. A ‘sectional plan’ is registered and available at the Surveyor-General’s Office for each sectional title development. All the parts of the land and the buildings that are not labelled as sections (or parts of sections) on the sectional plan are ‘common property’.The common property is owned jointly by all the people who own sections. The sectional plan for a scheme may also show ‘exclusive use areas’. These are defined parts of the common proper set aside for ‘exclusive use’ by particular owners, for example, as a garden area or parking bay. The entire development is referred to as a sectional title ‘scheme’.
What is sectional title ownership?
It is ownership registered at the Deeds Registry. The Deeds Registry records ownership of ‘units’ in a scheme. Each unit is a particular section, which could be a flat or a garage, and a share in the common property. The Deeds Registry records also show any registered ‘exclusive use rights’.
What is common property?
The common property in a scheme is those parts of the land and buildings that are not contained within any section according to the registered sectional plan. For example, the common property usually includes all the land, the foundations, roofs, passages, parking bays, lifts, garden areas, swimming pool and any other facilities.
What is an exclusive-use area?
An exclusive use area is a defined part of the common property set aside for exclusive use by a particular owner. You may buy and become entitled to ‘exclusive use rights’ that allow you the sole rights to use a part of the common property, such as a parking bay, carport or garden area.
In addition to a unit, an owner may hold rights to the exclusive use of a portion of the scheme’s common property.
EUA may be shown on the registered sectional plan or a plan that forms part of the scheme’s rules.
EUA rights are commonly granted for parking bays, gardens, balconies, garages