Sectional Titles and other fragmented property schemes

fragmented property
09 Mar 2020

About this publication

Sectional Titles and Other Fragmented Property Schemes aims to describe the different forms of urban fragmented property schemes introduced by legislation. Therefore, the functioning of the management bodies of such schemes and the nature and effect of management and conduct rules are emphasised to indicate to what extent the idea of urban fragmented property holding has changed the property concept in the new constitutional dispensation in South Africa.

Relevant case law, new legislative developments, especially the amended Sectional Titles Act 95 of 1986, the Sectional Titles Schemes Management Act 8 of 2011, the Community Schemes Ombud Service Act 9 of 2011 and the Companies Act 71 of 2008, are discussed comprehensively to indicate how fragmented property schemes are governed and how disputes regarding use rights of individual sections and the common property of such schemes are solved.

This edition provides invaluable theoretical and practical information on the nature, registration and management of the different fragmented property schemes. These include sectional titles, share blocks, time-sharing, retirement schemes and homeowners’ associations. A new section on homeowners’ associations has been added.

Juta’s Property Law Library is aimed at revisiting and reassessing the whole of South African property law, which includes uncodified common law that is mostly embodied in case law, academic writing and legislation, to establish:

  • how each aspect of property law was influenced by apartheid law;
  • its response to the new constitutional dispensation (including land reform), and;
  • whether it can make a contribution towards the transformation of South African law and society.

For this purpose, Juta’s Property Law Library will eventually consist of a number of monographs, each of which is focused on a specific aspect of property law.

Contents include

  • Urban fragmented land tenure
  • Sectional title ownership
  • Registration of scheme and units
  • Management of a sectional title scheme
  • Rights and obligations of owners and other right-holders
  • Share block schemes
  • Management of a share block scheme
  • Time-sharing schemes
  • Retirement schemes
  • Homeowners’ associations
  • Bibliography
  • Case law
  • Legislation
  • Index

Of interest and benefit to

  • Law teachers
  • Law students
  • Legal Practitioners
  • Academics and researchers

About the authors

Author: GJ Pienaar

  • B Jur et Comm LLB LLD (NWU, Potchefstroom)
  • Professor of Law, North-West University (Potchefstroom)
  • Fellow, South African Research Chair in Property Law, Stellenbosch

Author: JG Horn

  • BProc LLB LLM, MA (HES) (UFS) LLD (NWU, Potchefstroom)
  • Lecturer of Law, University of the Free State

Volume editor: Juanita Pienaar

  • BJuris (cum laude) LLB LLM LLD (North-West University, Potchefstroom)
  • Fellow, South African Research Chair in Property Law and
  • Professor of Law, Stellenbosch University

General information

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(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)
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