AboutTime Issue 13 | Page 11

SECTIONAL Sectional Title is slowly and surely becoming a way of life in Botswana with respect to property investment. Basically you are now able to purchase and then secure title of a portion of a building or of a freestanding building that is part of a development. What in fact you are doing is investing into a Sectional Title Scheme together with a community that is bound by rules under the Sectional Titles Act. When buying into a Sectional Title Scheme you secure freehold ownership of a SECTION of the building in terms of the agreement of sale and an undivided share in the COMMON PROPERTY. In other words a SECTION can be an apartment, flat, townhouse, office, simplex or duplex and COMMON PROPERTY is the outside walls of the building, the lift wells, staircases, reception areas, roads, car parks, gardens, swimming pools, boundary walls, paved areas, tool sheds, rubbish collection areas and roofs - in other words it is everything tangible which is part of the scheme outside the sections. The community is compelled to form a BODY CORPORATE that governs the affairs of the scheme and depending on the area of your section; a participation quota determines the proportional levy you are required to pay for the upkeep of the common property. The participation quota is a percentage of your area divided by the total area of all the sections together. Sectional Title schemes have become very popular and one reason has been that it offers entry-level investment buying prices with a far reduced risk factor as many costs are shared between the owners in proportion to their participation quota. The costs of maintaining the units are also lowered because exterior maintenance work is budgeted for and future expensive repairs are decided and planned for well in advance. TITLE area that you own and you are responsible for this whilst everything on the other side of the median line falls under the Body Corporate. For example if your window breaks then it must be clear in the rules as to whose responsibility is the repair thereof as median lines might fall either inside or outside the section. Now should a section require exclusive use rights to the common property, then these Exclusive Use Areas (EUA) can be surveyed as well and registered. The EUAs are generally car parks and private gardens. Otherwise without registration all section owners together have the exclusive right to use, for example – the swimming pool or gym room. We, as Land Surveyors, are required to submit Draft Sectional Plans to the Director of Surveys and Mapping for approval and our functions are governed by the Sectional Titles Act and Regulations. Thereafter, on approval, the plans are registered at the Deeds Office (see article on ‘Introduction to Sectional Titles’ by Pauline Mabelebele of Armstrong’s in Issue 12) Our functions are basically the following 1. Survey of the outside limits of buildings and common property in relation to the beacons and boundaries of the parent property that also need to be relocated. 2. Physical measurements of each sect