Le Roux v Dunrobin Body Corporate and Others (10268/2019) [2020] ZAWCHC 53 (9 June 2020)

Le Roux v Dunrobin Body Corporate and Others (10268/2019) [2020] ZAWCHC 53 (9 June 2020)

The applicant acquired the right to exclusive use of parking bay P12 as part of his purchase, with this right reflected in his title deed and supported by payment of transfer duty and levies. Although the cession was not formally registered, the applicant has exercised undisturbed use of P12 for many years. Section 33 of the Deeds Registries Act authorizes the court to order registration of immovable property rights where the applicant cannot procure registration in the usual manner. The court finds that the applicant is entitled to receive cession of the exclusive use rights over P12 from the first respondent, and that this does not constitute a new allocation but rather the fulfillment...

Citation
[2020] ZAWCHC 53
Parties
Applicant: Allen Dennis Le Roux; Respondent: The Dunrobin Body Corporate; Respondent: Stephani Laura Scheer; Respondent: The Registrar of Deeds, Cape Town
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
9 June 2020
Case Number
10268/2019
Procedural Posture
Civil Application / Opposed Motion for Final Relief; Judgment Delivered After Written Submissions
Outcome
Application granted; applicant entitled to cession of exclusive use rights over P12; interdictory relief regarding P13 granted; counter application dismissed; costs apportioned.
Judges
Wille
Legal Topics
Sectional Titles, Exclusive Use Areas, Deeds Registries Act, Declaratory Relief, Interdict, Transfer of Real Rights
Land and Property Civil Procedure Sectional Titles Exclusive Use Areas Deeds Registries Act Declaratory Relief Interdict Transfer of Real Rights

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Parties

Allen Dennis Le Roux

Applicant

The Dunrobin Body Corporate

Respondent

Stephani Laura Scheer

Respondent

The Registrar of Deeds, Cape Town

Respondent

Procedural Posture

Civil Application / Opposed Motion for Final Relief; Judgment Delivered After Written Submissions

Legal Issues

  1. 1 Whether the applicant is entitled to receive cession of exclusive use rights over parking bay P12 from the first respondent or the Registrar of Deeds.
  2. 2 Whether the allocation of exclusive use rights in relation to parking bay P13 to the second respondent is valid.
  3. 3 Whether P13 constitutes common property unencumbered by exclusive use rights.

Ratio Decidendi

The applicant acquired the right to exclusive use of parking bay P12 as part of his purchase, with this right reflected in his title deed and supported by payment of transfer duty and levies. Although the cession was not formally registered, the applicant has exercised undisturbed use of P12 for many years. Section 33 of the Deeds Registries Act authorizes the court to order registration of immovable property rights where the applicant cannot procure registration in the usual manner. The court finds that the applicant is entitled to receive cession of the exclusive use rights over P12 from the first respondent, and that this does not constitute a new allocation but rather the fulfillment...

Court Disposition

Application granted; applicant entitled to cession of exclusive use rights over P12; interdictory relief regarding P13 granted; counter application dismissed; costs apportioned.

Orders

  • The amendments sought by the applicant are granted.
  • The first respondent's allocation of exclusive use rights in relation to parking bay P13 to Mrs M Abitz did not constitute an allocation of exclusive use rights upon successors-in-title, including the second respondent.