SA Affordable Housing November / December 2021 - Page 17

LEGAL MATTERS SPONSORED BY STBB land so laid out , that such land remains subject to the provisions of the law relating to townships , and , if any public place or portion thereof in such township forms part of the land transferred , that the rights of owners of erven and of other persons to such public place are not affected by such transfer .
This means if the township register is opened and the township is proclaimed an approved township the township owner may sell the whole of the township , or a portion of the township to a purchaser . Where several stands in the township have been transferred already this provision also allows for the transfer of the remaining extent of the township to take place .
This is in effect a way of selling ‘ unserviced stands ’ in a township but duly packaged as the whole , portion or remaining extent of the township in terms of Section 47 of the Deeds Registries Act , 1937 so that the purchaser takes over the obligations of the former township owner in respect of the stands that compose that part of the township .
THE SALE OF THE WHOLE OF THE TOWNSHIP
If the whole township is sold the deal is plain and simple . The intention of the parties is that the purchaser becomes the new township owner and must take over the obligations of the current township owner . In the sale agreement the property will be described as follows : The proclaimed Klipfontein Extension 50 Township , including public places , situated on : Portion 87 ( portion of Portion 29 ) of the farm KLIPFONTEIN 150 Registration Division IR Gauteng Province Measuring 53,3161 ( Fifty-Three comma Three One Six One ) hectares As depicted on diagram SG No 6211 / 2009 and laid out in erven and streets on General Plan SG No 6218 / 2009 Subject to the conditions of establishment issued by the Midvaal Local Municipality and the conditions reflected in the proclamation notice for Klipfontein Extension 50 Township .
Section 78 of the Town-Planning and Townships Ordinance , 1986 requires of the new owner of the township to notify the municipality that it wishes to continue with township establishment .
78 . Continuation of application by new owner
1 . Where the ownership of land in respect of which an application for the establishment of a township has been made , has changed and the new owner of such land notifies the Administrator in writing that he wishes to continue with the application , the Administrator may , if the application has not lapsed in terms of section 72 , 76 or 77 consent to the continuation of the application subject to any condition he may deem expedient .
2 . An owner who continues with an application in accordance with the provisions of subsection ( 1 ) shall , for the purpose of the provisions of this Chapter , be deemed the applicant .
The purchaser of the township must enter into a services level agreement with the municipality in his capacity as the new township owner to take over these obligations from the previous township owner .
The new township owner must then install the services for the stands in the township and only after issuing of the services certificate may these stands be transferred to the purchasers who bought it .
THE SALE OF A PORTION OF THE TOWNSHIP
The first step in putting this deal together is to identify the specific stands in the township which the purchaser wishes to buy . This list of stands will then determine which part of the township is purchased .
A land surveyor must then be instructed to frame a diagram in term of Section 47 ( a )( 1 ) of the Deeds Registries Act , 1937 which outlines the portion of the township which consists of the listed erven . The boundaries of the portion may not intersect any of the erven which form part of this portion of the township . In the sale agreement the property will be described as follows : Portion 37 ( portion of Portion 87 ) of the farm KLIPFONTEIN 150 , now known as a portion of Klipfontein Extension 50 Township ( consisting of 120 erven numbered 5000 to 5120 including public places ) Registration Division IR Gauteng Province Measuring 27,6100 ( Twenty-Seven comma Six One Zero Zero ) hectares As depicted on diagram SG No 3541 / 2021 and laid out in erven and streets on General Plan SG No 6218 / 2009 Subject to the conditions of establishment issued by the Midvaal Local Municipality and the conditions reflected in the proclamation notice for Klipfontein Extension 50 Township .
The purchaser becomes the township owner of this portion of the township and must take over the obligations of the current township owner in respect of the stands that form part thereof . He must then install the services for these stands in the township before these stands may be transferred .
The other effect of this deal is that the township will now have two township owners , with each township owner holding his erven in terms of separate township titles . The original township owner holds his stands in term of the original township title while the new township owner holds his stands in terms of the new title deed based on the diagram framed by the land surveyor .
THE SALE OF THE REMAINING EXTENT OF THE TOWNSHIP
As with the sale of a portion of the township this deal is put together by identifying the specific stands in the township which the purchaser wishes to buy , which is all the remaining stands not sold and transferred yet by the current township owner .
The land surveyor must then frame a diagram as prescribed in Section 47 ( b ) of the Deeds Registries Act , 1937 which will depict the remainder of the township consisting of all the stands not sold and transferred yet . The Remaining Extent of Portion 87 of the farm KLIPFONTEIN 150 , now known as the Remainder of Klipfontein Extension 50 Township ( consisting of 50 erven numbered 5120 to 5170 including public places ) Registration Division IR Gauteng Province Measuring 13,0034 ( Thirteen comma Zero Zero Three Four ) hectares As depicted on diagram SG No 6520 / 2021 and laid out in erven and streets on General Plan SG No 6218 / 2009 Subject to the conditions of establishment issued by the Midvaal Local Municipality and the conditions reflected in the proclamation notice for Klipfontein Extension 50 Township .
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