Sectional ownership has introduced several new concepts of property that differ
significantly from prevailing as well as common-law concepts of property. The
right of extension with regards to sectional titles is one such concept. The right
entails a subtraction from the dominium of sectional owners and is widely
regarded as a limited real right. It is submitted that the right cannot be
categorised into any common-law category. The right is a statutory limited real
right sui generis that has its own characteristics with regards to the way it is
established, transferred, alienated, burdened or lapses. The right should also be
recognised as constitutional property. The study concludes with an investigation
into selected aspects relating to the right as an estate asset and points to
problems relating to the valuation of the right for purposes of estate, capital gains
and donation tax. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2014
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:nwu/oai:dspace.nwu.ac.za:10394/11032 |
| Date | January 2013 |
| Creators | Hattingh, Hendrik Gerard |
| Source Sets | South African National ETD Portal |
| Language | other |
| Detected Language | English |
| Type | Thesis |
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