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04 November 2013
EXAMINER: A. Briell
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STUDENT NUMBER:
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Question 1 / 26
Question 2 / 5
Question 3 / 5
Total / 36
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ANNEXURE A – EXAMINATION RULES
INSTRUCTIONS TO CANDIDATES
1. By signing the cover of this script you confirm that you are familiar with the examination
rules and regulations of TUT.
2. Write your full first names and surname and student number, which appears on your
student card, clearly and correct in the space provided on the cover sheet. Your student
number must also be written in the right hand corner of every loose sheet of paper.
3. During practical tests the following must be written on the label of the disk (if so
provided): Student number, Surname, Initial, Program and Lecturer.
4. When answering Theory tests you must write neatly and clearly and answer in the spaces
provided for it. If you answer in a separate book use both sides of the paper. Leave
margins entirely free for use of the assessor.
5. You need not commence with every new answer on a new page. After completing a
question, draw a line across the page and start the new question. It must be clearly
numbered. Group the answers to subsections of a question together.
6. During practical tests you are not allowed to have any application open other than the
application on which the test is based.
7. While the test is in progress, you may not help or try to help another student, obtain
assistance or try to obtain assistance, or communicate or try to communicate with
anyone.
8. You may not have in your possession any book, memorandum, note(s), sketch, map, film
or any other document (including unused paper) or any other aid with a bearing on the
subject, with the exception of whatever is handed out to you in the test venue.
9. No cell phone may be in your possession, switched on or be used by you during the test.
10. You may not use any electronic device, e.g. calculator or PDA, unless it is clearly
authorized on test paper.
11. You will render yourself liable to disqualification if you make personal remarks to the
examiner, lecturer or Invigilator. The writing or drawing of any offensive matter on the test
material supplied to you will disqualify you.
12. No explanation of test questions may be asked or will be given
13. All answers must be written in English.
14. All work done must be submitted. If you wish any answer not to be marked, draw a line
through it.
15. No pages may be removed or inserted to your script.
16. You must leave the test venue as soon as you submitted your work, but not before at
least 30 minutes of the test time has expired. You are not allowed to leave the venue
without the permission if the Invigilator. After any test, no student is allowed to open the
computer to access any other program.
17. All test scripts; disks and aids handed out to you must be returned before you leave the
test venue.
18. The Invigilator may disqualify any candidate for unfair practices or unsatisfactory
conduct. No negotiations will be entered into by the Invigilator. A formal disciplinary
hearing will be pursued.
19. A student who does not comply with these rules shall be subject to disciplinary steps in
terms of the Examination rules and Regulations of TUT.
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1. Sectional Title Theory [26]
a) A friend of yours is buying a flat in a new high-rise apartment block being built. He has no prior experience with (15)
sectional title and gets this complicated, jargon-filled email when he asks the architect for an explanation:
"The section you buy will be bounded by the median lines. The balcony will be part of the section. It's still uncertain
whether your parking bay will be made a section or an exclusive use area. The size of your section will determine your
participation quota, which will determine your undivided share of the common property. The body corporate will use
this to determine your levies - you can expect to pay between R1800 and R2500 a month. The exact value will be
determined later.
Your friend knows you're a land surveyor and forwards the email to you with a big "WTF?!” asking you for help.
Explain everything the architect has told him in layman's terms. Be sure to explain all the jargon and make use of
comparisons to things he might know in order to ensure he understands.
Section – the flat itself. A section in a scheme is relatable to a plot of land in a township.
Median lines – since flats are surrounded by the walls, floor and ceiling of the building, the boundary is taken to fall
Exclusive use area – a special type of common property that is for the sole use of a specific section.
Common property – all the land and infrastructure in a sectional title scheme that is for the use and benefit of all
sections.
Undivided share – Common property is technically owned by each section, proportional to their participation quota
Participation quota – A section’s area represented as a percentage of the total area of the sections in the scheme.
The participation quota determines the size of the undivided share of the common property.
Body Corporate – Legally the entity that is comprised of all owners of sections in the scheme. Colloquially the term
Levies – monthly fees charged by the body corporate to cover the cost of maintaining the common property.
3
b) Why is it that a parking bay can be an exclusive use area or a section, but the actual flat can only be a section? (4)
An exclusive use area is maintained by the body corporate. Thus it makes sense that a parking bay could be an
exclusive use area because it falls in the rest of the common property. It could also be a section, which would allow
the parking bay to be sold to persons not living or working in the sectional title scheme.
However, it would make no sense for a flat to be an exclusive use area – this would require the body corporate to
maintain it, and further it would mean that all other section owners would effectively own an undivided portion of
your flat. This would make it hard to do such things as make alterations.
c) When is the body corporate created and how does it relate to the developer? (3)
The body corporate is created as soon as the first section is transferred from the developer to another person.
The body corporate then shares the responsibility for managing the scheme and the power to govern the scheme
with the developer, until such time as the developer sells the last section, upon which time all powers and
d) Your friend sends you the following sketch he has made of his bachelor flat and asks you to check the area he has (4)
calculated. Calculate the area of the section. Is he correct?
4
2. Sectional Title Layout [5]
a) Below is a basic building plan for a unit in a sectional title scheme. Label the features as section, exclusive use area (5)
or common property. Write your label next to the text.
pillar
C.P.
door
Unit 1
Garden
Section
E.U.A
.
Walkway
pillar
C.P.
C.P.
Unlocked
service gate
Parking
C.P.
5
3. Sectional Title Calculations [5]
b) Complete the participation quota schedule below, distributing the error. (5)