Section 14 of the Sectional Titles, Act 95 of 1986, (the
"Act") affords the Surveyor General inter
alia with the right to substitute any registered sectional
plan, found to be incorrect, for another sectional plan
(note on the underlined words).
In practice it often occurs that the developer sells units and
exclusive use areas from the building plans, and subsequently the
sectional title register is opened with a sectional plan on which
the sectional title units and exclusive use areas are not numbered
in accordance with the building plans from which units and
exclusive use areas were sold. Should the sections and exclusive
use areas be transferred to the purchasers, as per the building
plans, and it is subsequently discovered that the de facto
and de jure positions differ, in that the
"owners" are not registered owners of the
correct sections as depicted on the sectional plans, the question
begging an answer is whether this intolerable situation can be
rectified by
