Sectional Properties Act, 2020 came into force on December 28, 2020 and it seeks to confer full rights to unit owners. The Act guarantees that reversionary interest is with individual unit owners from the onset (2/11)
Upon registration of the sectional plan, the Government closes the mother title to protect individual owners from mischievous actions by developers (3/11)
Current long-term leases were irregularly registered on the basis of architectural plans registered under Registration of Documents Act, Cap 285. Architectural plans do not support registration of rights to land (4/11)
Under long-term leases unit owners did not enjoy full rights over their units as some of the rights remained with the proprietor of the head title. Unit owners thus needed the consent of the proprietor of the head title to deal with their property (5/11)
Further, some developers did not transfer reversionary interest and continued to deal in the head title to the detriment of the unit owners (6/11)
Sectional Properties Act, 2020 gives effect to Section 54 (5) of the Land Registration Act, 2012 by conferring absolute ownership through the issuance of a certificate of lease/title. This is supported by georeferenced sectional plans that specifically identifies the unit (7/11)
The Sectional Properties Act apportions rent and rates to individual unit owners therefore the unit owner can deal in their unit independently (8/11)
Proportionate share in the common areas grants unit owners administrative and management rights over any dealing or alterations on the common areas (9/11)
The Sectional Properties Act protects unit owners, by conferring absolute ownership (10/11)
#Ardhisasa does not allow operation/dealings outside the laws that confer rights to land and property (11/11)
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