Exclusive use parking in sectional title schemes - know your rights

What are the legal realities of exclusive use areas like parking bays in sectional title schemes?

CapeTalk and 702's Africa Melane asked Gary Boruchowitz, founder of Boruchowitz Attorneys.

Melane explained that when he visits people who live in sectional title schemes, they usually meet him outside and tell him where to park.

"They're all common areas, but generally parking bays are marked. That's always a point of contention in any living arrangement, isn't it?" asked Melane.

Boruchowitz agreed and said the issue is that many people feel that because they're paying for that common area or they've parked their car there for many years, they have a right to that exclusive use.

"But if they don't have either a personal right or a real right then, they actually in fact simply have no right to that area. And they've been using it and even paying for it, you know paying levies for an area which in actual fact they don't either have a right to in terms of a personal right being in terms of the rules: either the management rules or the conduct rules. Or a real right where at the deeds office they in fact own that piece of, you know they have registered that exclusive use area, " Boruchowitz explained.

To listen to the full discussion, click the media player below.