David Martin Ogilvie Thompson LLB (NMMU), LLM (NMMU) A practicing Attorney with rights of appearance in the High Court of South Africa, based in the Cape Town litigation department and assisting with litigation at the Somerset West branch. Previously a Director of a firm in Port Elizabeth, David joined STBB in February 2017 as a Senior Associate in the litigation department, specializing in all aspects of General Litigation, including Corporate & Commercial Litigation, Property Litigation, Eviction Law, Insolvency Law, Admin Law and Contract Law. David also conducts research and Legal Updates for estate agents.

From the desk of David Thompson | Knock Knock: Rectify incorrect door numbering in Cape Town sectional title schemes

When a new sectional title scheme is created in Cape Town, the developer of such sectional title scheme must, amongst other things, lodge the proposed Sectional Title Plan with the Cape Town Registrar of Deeds after approval thereof by the Surveyor General (“SG Diagram”).  The SG Diagram will indicate the positioning of the respective units in the sectional title scheme, their size, their respective participation quotas, and, importantly, their respective section numbers.

However, it often happens that the numbering on the respective physical unit doors does not correlate, or is inconsistent, with the section numbers in the SG Diagram.  For example, this means that you might be physically occupying unit 1, whereas, in terms of the SG Diagram, you are actually occupying section number 9.  It goes without saying that this has the potential to cause confusion, especially when passing transfer of the unit.

We have often been asked by a body corporate, or its trustees or managing agent, to assist with the rectification of this inconsistency. Fortunately, there is a fairly simple solution, being to bring an application to Court to ‘regularize’ the inconsistency.  The relief sought in the application will be to ask that the Court direct the Registrar of Deeds to amend the SG Diagram so that it correlates with the physical door numbers of the units.

For assistance or enquiries in this regard, contact David Thompson at davidt@stbb.co.za.

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