The David K Law Group
Sectional Title

Sectional Title

Section 27 of the Deeds Registries Act (Chapter 20:05) (the “Act”) governs sectional titles. Only urban land is covered by this section. It was developed to address shortcomings of the block share system. A landowner can register a notarial deed against the title deed to the land under Section 27 of the Act to transfer an undivided share in the land and an exclusive right to occupation to one or more individuals.

In most cases, the owner of land will instruct a notary public to register a notarial deed against the title deed of the land in order to create undivided shares in the land in addition to an exclusive right of occupation. The notary will search the property to see if it is free of any encumbrances that could make it more difficult to use. Section 27 stipulates that the notarial deed must meet certain requirements.

Before the notarial deed can be registered, the bondholder must consent if there is a mortgage bond on the property’s title. Additionally, the notary public checks to see if the terms of the title prevent the sectionalization. In addition, the notary public drafts a constitution that the owners can use to govern issues like the rights and responsibilities of the owners, the management and upkeep of the land and buildings, and the establishment of an owners association.

There ought to likewise be consistence with town arranging conditions. On the owner’s instructions, a land surveyor will make architectural plans and diagrams that show the area of each unit. A notarial deed establishing the undivided shares and exclusive right of occupation will then be drafted by the Notary Public. It is reasonable to allow the Assessor To general survey the plans and charts before the notarial deed is stopped with the Deeds Vault.

The Registrar examines the notarial deed after it is filed and confirms on the land’s title deed that it is subject to the notarial deed. After that, the Registrar gives the deed to the Notary Public, who then records it in his protocol and registers it in his protocol register. The owner can now transfer a single undivided share and an exclusive right of occupation to a buyer at this point. The units are transferred through a deed transfer in the same way that a piece of land is transferred, with a few exceptions that the notary public must be aware of.

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