Sectional Titles Act, 1986 (Act No. 95 of 1986)Part VI : Exclusive use of Common Property and Servitudes28. Implied servitudes |
| (1) | There shall be implied— |
| (a) | in favour of each section— |
| (i) | a servitude for the subjacent and lateral support of the section by the common property and by any other section capable of affording such support; |
| (ii) | a servitude for the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air and other services, including telephone, radio and television services, through or by means of any pipes, wires, cables or ducts existing on or under the land or in the building, to the extent to which such pipes, wires, cables or ducts are capable of being used in connection with the utilization of the section; and |
| (b) | against each section— |
| (i) | a servitude for the subjacent and lateral support of the common property and of any other section capable of enjoying such support; |
| (ii) | the servitudes referred to in paragraph (a)(ii) through or by means of any pipes, wires, cables or ducts existing within such section, in favour of the common property and in favour of any other section capable of enjoying such servitudes. |
| (2) | The servitudes referred to in subsection (1)— |
| (a) | shall be deemed to be incorporated in the title deeds of the owners affected thereby; and |
| (b) | shall confer on the owners of sections the right, to be exercised by the body corporate, to have access to each section and the exclusive use areas from time to time during reasonable hours to the extent necessary to maintain, repair or renew any part of the building or any pipes, wires, cables or ducts therein, or for making emergency repairs therein necessary to prevent damage to the common property or any other section or sections. |