Essack N.O v Thangavelu (AR358/2023; 9022/2007)
Essack N.O v Thangavelu (AR358/2023; 9022/2007) [2025] ZAKZPHC 8 (26 January 2025)
The appellant failed to prove that he acquired the right of exclusive use of parking bay 20 within the legal framework of section 27 of the Sectional Titles Act. The evidence did not establish that Mr Westbrook had title to the parking bay when he purported to sell it to the appellant, nor that any error occurred in the conveyancing process or at the Registrar of Deeds that prevented the cession. The right of exclusive use was never transferred to Mr Westbrook or the appellant by notarial deed, and the appellant did not allege acquisition by means of the rules of the body corporate. The court…
Source excerpt
- Sectional Titles Act
- Exclusive Use Areas
- Onus Of Proof
- Registration Of Rights
- Conveyancing Error