Rauch and Another v Registrar of Deeds, Cape Town and Others (13312/2021)
Rauch and Another v Registrar of Deeds, Cape Town and Others (13312/2021) [2022] ZAWCHC 61 (28 April 2022)
The court found, on a balance of probabilities, that the right to exclusive use of parking bay 19, originally allocated to Unit 11 by the 1983 rules, was subsequently transferred by the owner of Unit 11 to the owner of Unit 7, either expressly or tacitly. This conclusion was supported by decades of consistent use, payment of levies by Unit 7's owners, and the absence of any claim or use by Unit 11's owners. The court held that the formalities in rule 73(6) are post-disposal procedures and not prerequisites for a valid transfer. The allocation in the rules may cease to be applicable where the…
Source excerpt
- Sectional Title Rules
- Exclusive Use Rights
- Servitude Transfer
- Prescription Act
- Body Corporate Management