Introduction.

Sectional title has become necessary topic under transfer of ownership and it surely does need
serious attention. However, our essay will delve much into what is meant by a sectional title,
how it can be created in Zimbabwe and the Legal framework relating to it and lastly the
advantages and disadvantages of sectional title.

Sectional title is normally found in urban areas. It is a type of ownership where one can own
a single unit in a multi-sectional unit. It can therefore be defined as a title system in which
sections of buildings are created for separate ownership.1 Or it can also be seen as separate
ownership of units or sections within a complex or development. Some individuals have
taken a step to define it as a form of title which allows the owner of land to register a notarial
deed against the title deed to the land where he or she wishes to transfer an undivided share in
the property which will be coupled with an exclusive right of occupation. 2 The ownership is
of an undivided share of the property as the share cannot be divided from the whole.
Normally a legal practitioner will register a Notarial Deed over the subject’s title deeds. 3
Sectional title ownership can be registered at the Deeds Registry office and once that is done,
it is what is termed as the sectional title ownership.

In that regard, the deeds registry records this ownership in units. A unit is a section plus its
accorded share in the common property. Once this ownership is attained an owner will have
an exclusive right of occupation. Makarau J in his opening statement in the case of Sibanda
and Another v Pentaville Investments (Private) Limited4 alluded that “the concept of cluster
homes on one piece of land in urban areas held under sectional title, is now a part of the
property scene in Zimbabwe. The concept is founded on the common law principle of joint
ownership, where two or more persons jointly own a piece of land in undivided shares, each
share carrying with it an exclusive right to occupy the land.” Exclusive right of occupation as
defined in Section 27 (8) of the Deeds Registries Act5 as in relation to undivided share in a
piece of land in an urban area is to mean the right of the owner of that undivided share to

1
G Paddock. Introduction to sectional Titles. 18 May 2010. Paddocks press Newspapers.
2
V Madzima. Property titles demystified. 26 September, 2012. The Herald.
3
M Mafemba. Types of Property Ownership in Zimbabwe. December 6 2016.
4
(HH 14-2003 )
5
[Chapter 20:05]
occupy, to the exclusion of every other owner of an undivided share in the land concerned, a
specific building or part of any building on the land concerned, either with or without any
area of ground.

Sectional title consists of sectional units and undivided share of the common property.

There are a lot of terms involved with regards to sectional title, as seen above a unit is one of
the terms involved, we also have what is known as sectional plans and common property.
Common property in this regard can be stipulated as all the areas not included in the sections
of the scheme and which every owner co-owns. Common property includes foyers,
driveways, fences, gardens, stairways, lifts, pools and so on.6 This property is to be used by
all individuals who have sectional titles within the building and should bear in mind that
whatever they do with the common property affects everyone. Sectional plan on the other
hand refers to a plan that shows the division of the land and buildings into sections and
common property. A copy of the scheme’s sectional plan will be held at your local Deeds
Registry and can be obtained from there.7

Sectional title in Zimbabwe normally are created in the following ways, first a notary public
will register a Notarial Deed over the subject’s title deeds. The Notary Public responsible for
the registration will be required to ask for the title Deed and conduct a search at the relevant
Deeds Registry to satisfy himself of the ownership of such land and anything that may burden
the property. If a Mortgage Bond exists the consent of the Mortgage Bond holder is required
before such Notarial Deed can be registered by the Registrar. Secondly, The Notary Public
will also require an approved survey diagram of the land showing the boundaries of the land
and the positions of buildings which are to be coupled with the shares.8

A constitution of the Owners Association is then incorporated in the Notarial Deed making
every undivided share owner a member of the Association. The constitution covers things
such as setting up a management committee, how owners should relate to each other,
payment of rates, lights, levies and other common expenses.9 This can be seen in the case of
Rosedeane Gardens Owners' Association v Ndenda10 where owners association of cluster

6
Paddocks. Sectional Title Definitions and Terms Explained. 6 May 2013
7
(n 1 above)
8
M L Mhishi. The law & practice Of Conveyancing in Zimbabwe. 2004
9
(n 3 above)
10
( HH 29-2003)
houses development in Ashdown Park, Harare had a Constitution in place that sets out the
objects of the association, its powers and its administrative structures. The membership
section of that Constitution is clause 9 which sets out the conditions of membership which
include that one has to be a registered owner of an undivided share in the land. However, in
looking at the creation of the sectional title in Zimbabwe, much emphasis will be given to
section 27 (1) (a) of the Deeds Registries Act11 which provides that; if

(a) the owner of a piece of land in an urban area wishes to transfer to one or more persons an
undivided share in the land coupled with an exclusive right of occupation; or
(b) ………………………………
the owner or owners, as the case may be, shall register against the title to the land concerned a
notarial deed which—
(i) specifies the number of undivided shares created or to be created which will be
coupled with an exclusive right of occupation; and
(ii) clearly indicates which buildings or portions of any building erected or to be erected
on the land concerned, either with or without any area of ground, shall be subject to
an exclusive right of occupation
The provisions of the Notarial Deed shall be binding upon all owners of undivided shares in
the property. A separate Title Deed is issued for each unit within the property. It is therefore
possible to register a mortgage bond securing only the particular unit in the property. 12 The
Notary Public will then draft a Notarial Deed creating the undivided shares coupled with an
exclusive right of occupation

Legal framework in relation to sectional title in Zimbabwe.

The Constitution13 is the first legal framework to be given consideration in Zimbabwe. The
right to ownership is enshrined in the Constitution. Section 71 and 72 under the declaration of
rights which deals with property rights in general and right to agricultural land. It highlights
that every person has the right, in any part of Zimbabwe, to acquire, hold, occupy, use,
transfer, hypothecate, lease or dispose of all forms of property, either individually or in
association with others.

11
(n 5 above)
12
(n 3 above)
13
Of Zimbabwe Amendment No. 20 of 2013
Deeds Registries Act14 can also be seen as the law that governs sectional title as it is
commonly referred to, or transfer of undivided shares in land which is enclosed in sections 25
to 27 of the Deeds Registries Act. In this regard much emphasis will be given to section 27 15
which allows an owner of land to register a Notarial Deed against the title Deed to the land
where the owner of a piece of land in an urban area wishes to transfer to one or more persons
an undivided share in the land coupled with an exclusive right of occupation or more persons
who own by separate title deed undivided shares and wish to assign to the owner or owners of
each such share, in conjunction with the undivided share, an exclusive right of occupation. In
that the owner or owners, as the case may be, shall register against the title to the land
concerned a notarial deed which specifies the number of undivided shares created or to be
created which will be coupled with an exclusive right of occupation and clearly indicate
which buildings or portions of any building erected or to be erected on the land concerned,
either with or without any area of ground, shall be subject to an exclusive right of occupation.

The advantages associated with sectional title can be seen as follows;

The first advantage is that there is always high security in sectional title buildings. Living in
an area or in a communal setting with close neighbours and in a more collective environment
is always considered by many to be more secure than living on a freehold property where
each individual is to fend for him or herself which becomes difficult in some instances to
protect yourself from sudden harmful happenings. In addition, most sectional title
developments have excellent security around the perimeter and at the entrance of the
development, which is all included in the monthly levies unlike freehold properties where
owners are entirely responsible for their own security they need to pay to secure their own
perimeter, and often for an armed response security company to patrol their area. 16 This factor
gives sectional title an advantage over other property owners.

The other advantage is that of a fixed monthly cost. The construction of a sectional title
building can be done at a lower cost of land per unit in comparison to building freehold
housing. In a sectional title, all the owners will be accountable for the maintenance and

14
(n 5 above)
15
Of the Deeds Registries Act chapter 20:05
16
A Gaslett. Sectional title versus freehold ownership. November, 24, 2015
uphold of the structure of the property.17 Unlike freehold properties, where the owners have
to pay for their own home insurance and for the upkeep of the pavement, garden and exterior
of their homes. Owners of sectional title units pay a monthly levy instead. 18 With regards to
sectional titles there are annual levies paid for maintenance of the building. These levies are
contributions paid by owners to the body corporate to cover its anticipated expenses. These
monthly levies are meant to cater for anything that goes wrong within the sectional title
commune and fixing damages as well as maintaining the common property to ensure that
everyone within the sectional title scheme is comfortable with using the property.

The other advantage that can be closely linked to the one discussed above, is that an owner of
a unit in a sectional title scheme automatically becomes a member of the scheme’s body
corporate. The body corporate is the legal entity that owns and controls the common property
in the sectional title scheme. The body corporate is responsible for laying down the rules that
have to be adhered to by all the owners. The body corporate receives funds from all the
owners by means of levies.19 The benefit of having a corporate body and rules to follow is
that it lessens the chances of confusion and disturbance within the sectional scheme in that
everyone within the sections will have an idea of what is required and tolerated and what is
not.

There is also an advantage with regards to managing of the communal areas. In most
instances one is not to be responsible for the management and maintenance of the communal
areas. There is always an appointed managing agent who takes care of the maintenance and
management so you don’t have to engage yourself in all of the manual work in that one has to
just make sure that he or she pays a monthly levy that pays the costs for all that is necessary.
It is clearly highlighted in section 27 (1) (b) (v) of the Deeds Registries Act 20 that the owner
or owners, as the case may be, shall register against the title to the land concerned a notarial
deed which provides for the administration and maintenance of the land concerned and
buildings thereon and the liability for rates, expenses and charges relating thereto.

17
The Real Team. Sectional Title - The advantages and disadvantages.
18
Sectional titles have many benefits. May 16, 2018. News24
19
N Rahim-Harry. The Pros and Cons of sectional title ownership. January 14, 2019.
20
(n 5 above)
The other advantage to be looked at is that with sectional title, one can bequeath the property
to any family or beneficiary in your will with full ownership you own your property in the
retirement development, as well as an undivided share in the common property since it is in a
sectional title scheme. You therefore reap the full benefits of the capital growth and you will
be able to bequeath it to your loved ones. The investment property can become an
intergenerational retirement asset.21 Additionally, one can equally rent out the property until
when you are ready to move in which can also create an extra income.

Lastly, the affordability and communal living is much simpler. Generally speaking, a

sectional title unit within a complex is more affordable than a freehold house. Also, on
average, communities living in sectional title schemes boast close-knit communities and far
greater interaction with their neighbours when compared to freehold neighbourhoods.

The disadvantages associated with sectional title can be seen as follows;

An owner of a sectional unit needs to comply with all the Rules and Regulations provided by
the body corporate in relation to the conduct and management of the shared scheme.
Amendments to these Rules will only be able to occur at an Annual General Meeting. It is
important to note that such changes cannot be made by an individual disagreeing with the
Rules and Regulation but by a majority vote. 22 Everyone in the communal living is expected
to follow strict rules set by the corporate body in as much as many don’t always agree with
all the rules living in such communal area may prove to be more difficult for them and they
are left with no choices but follow the rules if other members do not agree with him or her to
amend the rules. It can be difficult to understand your rights and responsibilities regarding
these, especially if the rules are conveyed in an ineffective manner.

More so, a person who invests or becomes an owner in a sectional title scheme will own part
of the scheme, meaning that the owner has invested in and is part of a small community. As a
result, they will need to comply with the management and conduct rules as determined by the
body corporate. The body corporate may adopt rules relating to the keeping of pets, play
21
A Malherbe. Planning to retire? The advantages of sectional title in the retirement sphere, opposed to life
right. Accessed 12 June 2020.
22
https://www.therealteam.co.za/post/sectional-title-the-advantages-and-disadvantages
areas and access to communal areas23 which someone may be interested in accessing. Unlike
free title ownership where one will be their own manager and boss and do not have to abide
by any rules from any individual on how to manage and maintain their property.

Another disadvantage of sectional title living is that the owner does not have the freedom to
alter his unit externally without first getting the approval from the body corporate. Some will
see this as a great advantage as this creates aesthetic uniformity and no one unit will be able
to differ greatly in appearance from another or let the image of the complex down. 24
However, other individuals would prefer doing their own gardening some management.
Therefore they become greatly disadvantaged since they cannot perform these acts.

Sectional title rules may change and this is not under the control of the sectional owner or
investor, which in freehold is the opposite. Both investors and tenants may be unhappy with
changes made, but they don't individually have the power to reverse changes or make
changes that are suited to them.25 In most times investors may not get the chances to attend
meetings of the corporate body, therefore he or she may not be able to reverse the decisions
that have been made in their absence to which they do not agree to. This is clearly articulated
in the South African case of Body Corporate of the Paddock Sectional Title Scheme No 249-
1984 v Nichol26 where the applicant in that case instituted rules which were amended in
which the responded found to be unreasonable however the court found it reasonable in that it
stated that the applicant’s amendment to the conduct rules is reasonable and should apply to
all residents and owners of the sectional title.  The majority have voted in favour of the new
conduct rules, which rules ought to be respected and preserved. If one is faced with such
situation, they are left with no choice but to either obey the rules or move out of the sectional
scheme.

The other disadvantage is that one may encounter neighbours who are generally rude or noisy
which may be difficult to keep up with. It is not usually the case that the rules and regulations
may cover everything or that it may be obeyed by everyone. This include situations where a
23
(n 16 above)
24
Biz Community. Pros and cons of sectional title ownership. 5 July 2016. South Africa.
25
https://www.property24.com/articles/pros-and-cons-of-sectional-title/6936
26
2019 SA 472
neighbour may be involved in hosting an event which may create loud noises that will distort
every neighbours peace hence making sectional title schemes a living hell.

Lastly, sectional living can sometimes prove to be challenging in that it becomes expensive
or costly where people are expected to pay annual levies which sometimes may not be
available at that exact moment due to so many hindrances or may be extremely high which
becomes difficult to raise on a monthly basis hence bringing about a turmoil among the
commune members living in the sectional scheme.

In conclusion, many may rush into getting sectional title ownership, however it is always too
prudent to ensure that the sectional title has been registered and that it had the necessary
consent and that one should assess the condition of the common property among others. In as
much as sectional title is prone to so many advantages, it has got disadvantages which may
water it down as elaborated in the essay above. Therefore it is always wise for one to weigh
these pros and cons before rushing into owning a sectional title.

BIBLIOGRAPHY
Books/ articles/ journals.

A Gaslett. Sectional title versus freehold ownership. November, 24, 2015

A Malherbe. Planning to retire? The advantages of sectional title in the retirement sphere,
opposed to life right.

Biz Community. Pros and cons of sectional title ownership. 5 July 2016. South Africa.

G Paddock. Introduction to sectional Titles. 18 May 2010. Paddocks press Newspapers.

M L Mhishi. The law & practice Of Conveyancing in Zimbabwe. 2004

M Mafemba. Types of Property Ownership in Zimbabwe. December 6 2016.

N Rahim-Harry. The Pros and Cons of sectional title ownership. January 14, 2019.

Paddocks. Sectional Title Definitions and Terms Explained. 6 May 2013

Sectional titles have many benefits. May 16, 2018. News24

The Real Team. Sectional Title - The advantages and disadvantages.

V Madzima. Property titles demystified. 26 September, 2012. The Herald

Case laws.

Body Corporate of the Paddock Sectional Title Scheme No 249-1984 v Nichol [2019 SA 472]

Rosedeane Gardens Owners' Association v Ndenda HH 29-2003

Sibanda and Another v Pentaville Investments (Private) Limited HH 14-2003

Statutes.

Constitution of Zimbabwe Amendment No. 20 of 2013

Deeds Registries Act [Chapter 20:05]

Internet sources.

https://www.property24.com/articles/pros-and-cons-of-sectional-title/6936

https://www.therealteam.co.za/post/sectional-title-the-advantages-and-disadvantages