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What is a Sectional Title Scheme?

Sectional Title Scheme Overview

A sectional title scheme represents a unique way of property ownership and management within the real estate landscape. It offers a another way of owning or renting property that has all the features that a client could possibly want or need. In this article, we will look into the basics of sectional title schemes and explain their main characteristics.

Understanding Sectional Title Schemes

white blue and gray concrete building

A sectional title scheme, often referred to as a sectional housing, is a form of property ownership where individual properties, such as apartments, townhouses, or office units, coexist within a larger development. Each property within the scheme holds its own title, thereby granting the owner exclusive ownership of their unit, exclusive use areas alongside shared ownership of common areas and facilities. The law that governs sectional title schemes in Botswana is called the Sectional Titles Act.

Key Characteristics of Sectional Title Schemes

Individual Ownership and Shared Responsibility

One of the important attributes of a sectional title scheme is the combination of individual ownership with shared responsibility. Property owners maintain legal ownership of their individual units while jointly sharing the responsibility for the maintenance and management of common areas and facilities within the scheme.

Governance by a Body Corporate

person holding pen and notebook

Sectional title schemes are typically governed by a management body called a Body Corporate. The Body Corporate has the responsibility for decision-making, financial management, and the enforcement of rules and regulations within the sectional title scheme. The effective operation and regulation of the sectional title scheme is dependant on the Body Corporate.

Maintenance of Common Areas and Facilities

photography of pool near fence

In a sectional title scheme, specific areas and amenities amount to common areas The common areas are accessible to all owners within the development. These common areas may include gardens, swimming pools and security infrastructure. The funding for the maintenance and upkeep of these common areas is derived from levies collected from individual property owners by the Body Corporate.

Exclusive Use Areas

aerial view of parking area

Exclusive use areas refers to the area within the sectional title scheme that is uniquely tied to the section which the individual owns. Such as parking bays, back yard, etc. Therefore if you are to buy or renting unit 1 in a flat for instance, your unit will also be allocated a parking space where you would park your car. The parking space is the exclusive use area for unit 1.

Conclusion

In conclusion, sectional title scheme is a unique and distinctive way of owning property and it is links individual ownership with collective responsibilities. By understanding the core characteristics of a sectional title scheme, one can navigate these property arrangements with clarity and make informed decisions.

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Author

Tshegofatso M Seretse

Tshegofatso M Seretse (nee Gareegope) LLB, LLM, MBA is the Founder and Editor of Legal Dialog, whose mission is to empower lives through legal education. She is also an admitted Attorney, Conveyancer and Notary Public in the High Court of Botswana who loves the law and believes in legal advocacy. Tshegofatso is also a Published Author, Blogger and legal advocate.

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