In South Africa, property ownership generally falls into two main categories: freehold and sectional title, with exclusive use areas forming a special component of sectional title schemes. Understanding the differences between these forms of ownership is important for anyone buying or managing property.
Freehold ownership (also called “full title”) means that the owner has complete ownership of both the land and any buildings or structures on it. This type of property is typically a standalone house or plot. The owner is fully responsible for all maintenance, insurance, rates, and municipal services. They can alter or extend their property—subject to municipal approval—without needing consent from neighbours or a body corporate. Freehold properties therefore offer the greatest degree of independence and control, but also carry the highest individual maintenance and financial responsibilities.
Sectional title ownership, by contrast, applies to apartments, townhouses, and cluster developments where multiple units share common property such as driveways, gardens, and swimming pools. In this system, each owner holds title to a specific section (for example, their flat or townhouse) as well as an undivided share in the common property. A body corporate, of home owners' association, made up of all owners, manages the scheme’s common areas, maintenance, and insurance. Owners pay levies to fund these expenses. This shared responsibility makes sectional title properties easier to maintain but requires compliance with the scheme’s rules and decisions voted on collectively.
Within a sectional title scheme, exclusive use areas (EUAs) are parts of the common property—such as a garden, parking bay, or storage room—allocated for the private use of one particular owner. These areas remain legally part of the common property but are designated for that owner’s use, either through the scheme’s rules or by a formal notarial deed of cession registered at the Deeds Office. The holder of an EUA is responsible for its upkeep and may pay additional levies for it.
In summary, freehold ownership gives total control over land and buildings; sectional title shares ownership and responsibilities among multiple owners; and exclusive use areas provide individual enjoyment of specific common parts within a sectional title development.
Mc Naught and Co. specialise in property registrations and our conveyancers are specialist property attorneys who register sectional title scheme and we transfer ownership of land, flags, freehold and sectional title properties from sellers to buyers either privately or sold through estate agencies.
Contact us on 0870210123 info@maclaw.co.za
https://maclaw.co.za/expertise/property-conveyancing/