n Tydskrif vir die Suid-Afrikaanse Reg - Establishment of parking bays in a sectional title scheme in favour of neighbouring properties : respraak

Volume 2010, Issue 3
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



(2009 1 SA 252 (SCA)) dealt with the constitution of a right to use six parking bays located on the common property of the scheme in favour of six neighbouring properties in terms of section 29 of the Sectional Titles Act 95 of 1986. In terms of a notarial agreement, concluded on 5 June 2003 and registered on 4 July 2003, the appellant, the body corporate of Seascapes sectional title scheme, granted to the six respondents, as owners of neighbouring properties, the right to use parking bays in the sectional title scheme. The appellant contended that the notarial agreement was entered into without its authority and applied to the Cape high court for the agreement to be declared invalid and for its registration to be set aside. The application was dismissed, but when leave for appeal was granted, the appellant lodged an appeal with the supreme court of appeal.

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