WORKSHOP TWO

PART A
BRIEF FACTS
Mr. Smith recovered his land in respect of the property at LRV 312 Folio 12, Plot 32
measuring 133.6980 Hectares at Buziga vide a Court order and he was subsequently
reinstated as the registered proprietor. Mr. Patel Singh is now ready to enter into the
transaction with him although he is now interested in purchasing only one hundred
acres. On the day for the transaction, as Mr. Smith Mugaga was getting off the Motor
Cycle (bodaboda), he accidentally slipped and fell and in the process the certificate of
title fell in the trench full of dirty water due to the earlier heavy down pour. Mr. Smith
then realised that the certificate of title he was holding totally wet and ill eligible as
some prints have been rubbed off the title.

ISSUES
1. What steps can Mr. Smith take to replace his obliterated duplicate certificate of
title?
2. What are the requisite fees to obtain the above remedy?
3. What is the document required to obtain the above remedy?

LAW APPLICABLE
The Registration of Titles Act, Cap 240
Relevant case law

RESOLUTION OF ISSUES

ISSUE ONE
Mr. Smith can obtain a special certificate of title to replace the destroyed duplicate
certificate of title.

Section 69 of the Registration of Titles Act is to the effect that a special certificate of
title is a replacement title issued when the duplicate certificate of title is lost ,
destroyed or rendered unusable.
Below are the steps;
1. An application is made by the registered proprietor by formal letter and signed by
them and a witness.
2. The applicant must make a statutory declaration explaining the loss or destruction
of the title and must provide any details of encumbrances. Attachment of two passport
photos, National Id of the applicant and receipts of payment of registration fees i.e
stamp duty and application fees.
3. Upon receipt, the Registrar shall give an instrument number that the applicant
presents a full set of original documents and copies of the same to the Registrar who
will stamp them RECEIVED.
4. The Registrar has to ensure that the claim is valid and issued in good faith.
5. The Registrar gives a one months public notice in the gazette before issuing the
certificate.
6. The Registrar will write to the Commissioner of Surveys and mapping to issue a
duplicate deed plan of the subject land
7. Upon confirmation of publication in the gazette after 30 days, the deed plans are
duly signed and sealed if no objection is raised.
8. The new certificate must match the original including all the endorsements and
entries on the obliterated title
9. A note is added on the original stating that a new certificate of title was issued.
10. After 10 days, the applicant collects the special certificate.

ISSUE 2;
What are the requisite fees to obtain the above remedy?

Schedule 5 item 7
Application fees - Shs. 15000

Stamp duty -Shs. 5000

Registration fees - Shs. 10000

Statutory Declaration fees - Shs. 5000

Bank charges - Shs. 2500

Gazette Fees - Shs 230,000 per plot ( Uganda Printing and Publication Corporation
site) guided by the Ministry of Lands Housing and Urban Development Procedures
Series 16

ISSUE 3:
What are the necessary documents required in the circumstance?
1. An application letter to the Registrar of titles
2. Statutory declaration by the applicant.

Our Ref: D4/GEN/202 1st/02/2025

To;
The senior registrar of Titles
KCCA
P. O. Box….
Kampala
Dear Madam,

RE: APPLICATION FOR SPECIAL CERTIFICATE OF TITLE FOR LAND

COMPRISED ON LRV 312 FOLIO 12, PLOT 32 MEASURING 133.6980
HECTARES LAND AT BUZIGA

We represent SMITH MUGAGA herein referred to as our client on whose

instructions we address you as hereunder;
That our client is the lawful owner of land comprised on LRV 312 folio 12, plot 32
measuring 133.6980 hectares land at Buziga which he recovered by court order. Copy
of the court order is attached hereto.
The duplicate certificate of title of the above described land got obliterated and we
thus apply for a Special Certificate of Title in lieu of the obliterated one.
Herewith forwarded is the statutory declaration and we request that you issue a Notice
of intention to issue special Certificate for publication in the "UGANDA
GAZETTE"
A copy of the obliterated title is forwarded herewith.
We undertake to pay the necessary fees.
Yours,
……………………………………..
For: M/S FIRM D4 & Co. Advocates

Also signed by the said;

SMITH MUGAGA
…………………..……….
APPLICANT
 THE REPUBLIC OF UGANDA
THE REGISTRATION OF TITLES ACT (CAP 240)
AND
IN THE MATTER OF COMPRISED ON LRV 312 FOLIO 12, PLOT 32
MEASURING 133.6980 HECTARES LAND AT BUZIGA
AND
IN THE MATTER OF AN APPLICATION FOR ISSUE OF A SPECIAL
CERTIFICATE OF TITLE IN LIEU OF THE OBLITERATED ONE

STATUTORY DECLARATION

I, SMITH MUGAGA of C/o M/s Firm B6 & Co. Advocates P.O. Box 142 Kampala
do take oath and state as follows:-

1. That I am a male adult Ugandan of sound mind and the declarant herein and I
do make this declaration in that capacity.
2. That I am the lawful owner of the above described land having recovered the
same from PRAISE MURUNGI who had obtained the same fraudulently vide a
court order from the chief magistrate’s court of Wakiso. Copy of the decree is
attached hereto and marked ANNEXTURE “A”
3. That my name was reinstated as the registered proprietor of the above land.
4. That the duplicate certificate of title for the above described land got destroyed
when it feel in the trench full of dirty water causing it wet and ill eligible as
some prints were rubbed off. Copy of the duplicate certificate of title is
attached hereto and marked ANNEXTURE “B”
3. That accordingly consider it totally destroyed and I have found it prudent to
apply for special Certificate of Title in lieu of the obliterated one.

4. That I make this declaration in support of my Application for issuance of a

Special Certificate of Title for land comprised in LRV 312 folio 12, plot 32
measuring 133.6980 hectares land at Buziga.
 5. That I make this declaration conscientiously believing it to be true and correct
to the best of my knowledge and belief.

SWORN AT MBARARA THIS 1st DAY OF FEBRUARY 2025

By the said:
SMITH MUGAGA
………….………..……………..…
DECLARANT

BEFORE ME;
………………………………………..…………………..
COMMISIONER FOR OATH

TASK B
Assume that while you were in the process of obtaining the replacement of the
certificate of title, you discover that the original copy cannot be traced.

ISSUES
1.What steps would be taken to recover the original certificate?
2.What is the procedure and documents?
LAW APPLICABLE
1.The land Act cap 236
2.The Registration of titles Act cap 240
3.Case law
RESOLUTION
Issue 1. What steps would be taken to recover the original certificate?
Section 71 of RTA CAP 240 ,if any original certificate of title is lost , the registrar
may cause a copy of it to be prepared and to be endorsed with such entries as is in the
original.
The registrar shall name and sign a memorandum upon the copies stating that, it is a
substitute.
PROCESS
First we apply to obtain a substitute certificate of title.
1) The applicant applies to the registrar by way of letter and the particulars of the
title must be brought out in the letter.
2) The applicant presents the full set of original documents and a photocopy of the
same, to the commissioner land registration for processing of the substitute
certificate of the title. The photocopy is stamped and returned to the applicant.
3) The applicant checks with the department of land registration after 10 working
days to confirm the replacement of the original registry copy.
4) No fees is payable.

Issue 2 what is the procedure and documents?

Documents
Letter for application for substitute

LETTER OF APPLICATION FOR A SUBSTITUTE CERTIFICATE

OF TITLE.

FIRM D4 &
CO.ADVOCATES,
P.O BOX 7117,MBARARA,
UGANDA.
3rd February,2025.
TO: THE COMMISSIONER LAND REGISTRATION
MINISTRY OF WORKS, HOUSING AND URBAN
DEVELOPMENT,
P.O BOX 7096, KAMPALA.
Dear Sir;
RE: APPLICATION FOR A SUBSTITUTE CERTIFICATE OF
TITLE

I , Mr. Smith Mugaga ,the registered proprietor of land comprised in LRV 312
FOLIO 12, PLOT 32 situate at Buziga. I hereby apply for the issuance of a
substitute certificate of title.
The original registry copy of certificate of title cannot be traced. I kindly
request your office to process the substitute certificate of title.

Enclosed herein are the documents for consideration;

a) A letter requesting a substitute certificate of title
b) Passport photographs
c) Set of photocopies of all relevant documents

We appreciate your time and assistance in this matter.

Yours faithfuly,
___________________
Mr. Smith Mugaga.
ANNEXTURES
1.Passport photograph
2.photocopies of all relevant documents

TASK C
ISSUE 1: Whether there are any steps that can be taken upon the lack of action
from the Registrar for a year
The applicant Mr Smith has a right of appeal as against the Registrar. Section 166 of
the Registration of Titles Act provides recourse where a registrar has refused to act
or carry out his mandate as envisaged under section 70 of the RTA Section 166
provides;
“If upon the application of any owner or proprietor to have land brought under the
operation of this Act, or to have any dealing registered or recorded, or to have any
certificate of title or other document issued, or to have any act or duty done or
performed which by this Act is required to be done or performed by the registrar, the
registrar refuses so to do, or if the owner or proprietor is dissatisfied with any
decision of the registrar upon his or her application, the owner or proprietor may
require the registrar to set forth in writing under his or her hand the grounds of his or
her refusal or decision, and the owner or proprietor may, if he or she thinks fit, at his
or her own cost summon the registrar to appear before the High Court to substantiate
and uphold those grounds”
The operation of section 166 is to enable an applicant to firstly establish the reasons
for refusal by Registrar to exercise his/her special powers and where the reason is not
satisfactory, then redress will be sought from the High Court. Section 172 of the
RTA additionally spells out, that there shall be the same rights of appeal in respect of
proceedings under this Act as exist for the time being in respect of ordinary
proceedings.
Hon Justice Percy Night in Hon. Justice George W Kanyeihamba v
Commissioner Land Registration & Anor Misc. Cause No. 79 of 2011 found that
in her opinion, section 182(now 166) can only be invoked when; on application of a
proprietor or owner of land to such registrar, the Registrar refuses to perform the
duties required of him/her, or if such owner is not satisfied with the registrar’s
decision.
The unreasonable delay of one year by the Registrar of titles in the Kampala city
council Authority Zonal office and yet all necessary documents have been lodged
portrays the Registrar’s refusal to exercise his mandate. No reason has been
advanced by the Registrar which defeats justice for the applicant Mr Smith Mugaga.
The steps therefore will be;
1. Write a formal letter to the Registrar of Titles at the KCCA Zonal Office
requesting the Registrar to state the grounds for this unnecessary delay.
2. Where the reasons are unsatisfactory, the applicant will proceed to the high
court and institute a miscellaneous cause. This will be by way of notice of
motion.
3. Summons shall be served upon the registrar within six clear days at least
before the day appointed for hearing the complaint of the owner or
proprietor in section 166(2).
4. Upon such hearing, the registrar shall have the right of reply in subsection 3;
and the High Court may, if any question of fact is involved, direct an issue
to be tried to decide the fact; and thereafter the High Court shall make such
order in the premises as the circumstances of the case require, and such
 order as to payment of costs and fees as to it shall seem fit; and the registrar
shall obey that order.

ISSUE 2: What is the forum, procedure and documents required?

The Registrar of Titles

Land Registry Department,
KCCA MZO
Kampala.

Dear Sir/Madam
RE: FOLLOW-UP ON APPLICATION FOR SPECIAL CERTIFICATE OF
TITLE OF LAND COMPRISED AT LRV 312 FOLIO 12, PLOT 32 AT
BUZIGA

I am writing to follow up on my application for a Special Certificate of Title, which I

submitted a year back. I have not yet received any response to my application, and I
was recently informed that the documents I submitted were rejected.

I would like to request clarification on the reasons for the rejection of my application
and guidance on how I can rectify the issues or submit the necessary documents to
proceed with my request.

I would appreciate it if you could provide an update on the status of my application

and advice on the next steps as soon as possible.

Thank you for your attention to this matter. I look forward to your prompt response

Yours faithfully,

……………………
SMITH MUGAGA

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA
(MISCELLANEOUS CAUSE NO………..OF 2025
(LAND DIVISION)
SMITH
MUGAGA::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::APPLICANT

VERSUS
REGISTRAR OF LAND
TITLES::::::::::::::::::::::::::::::::::::::::::::::::RESPONDENT
NOTICE OF MOTION
(Section 166 of the RTA CAP 240, Section 33 of the Judicature Act, Section 98 of the
CPA Cap 282 and 0.52 R 1 &3 CPR)
TAKE NOTICE that this Honourable Court shall be moved on the ………day of
……………2025 at …………O’clock in the fore/afternoon or soon thereafter as for
the
Applicant shall be heard on an application for orders that;
1. An order directing the Registrar for 9Land Titles to issue a special certificate of
title to the applicant in respect of land at LRV 312 FOLIO 12, Plot 32 at
Buziga.
2. Costs be granted in favor of the applicant

TAKE FURTHER NOTICE that the grounds for this Application are contained in
the Affidavit SMITH MUGAGA the applicant but briefly are;

1. That the Registrar refused to issue a Special Certificate of Title for LRV 312
FOLIO 12, Plot 32 at Buziga pursuant to the application submitted.
2. That the Applicant applied to the Registry of Titles to issue the Special
Certificate of Title, but all in vain.
3. That it is now over a year the Special Certificate has not been issued despite the
fact that the Applicant paid all the fees and forwarded all pertinent documents
to the Registry of Titles.
4. That it is just, fair and in the interest of justice that this application be granted.

Dated at Kampala this…………………….…….day

of…………………………………2025.

…………………………………
COUNSEL FOR THE APPLICANT

GIVEN UNDER my hand and the seal of this Court this……………………day of….
….2025.

……………………………………………
REGISTRAR.

DRAWN AND FILED BY

PNA & CO ADVOCATES
PLOT47, KAMPALA

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA
(MISCELLANEOUS CAUSE NO………..OF 2025
(LAND DIVISION)
SMITH MUGAGA::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
APPLICANT

VERSUS
REGISTRAR OF LAND TITLES::::::::::::::::::::::::::::::::::::::::::::::::
RESPONDENT
AFFIDAVIT IN SUPPORT
I, SMITH MUGAGA C/O PNA ADVOCATES PLOT 54, KAMPALA ROAD
hereby swear an oath and state as follows;
1. That I am a male adult Ugandan of sound mind the applicant herein and I
depone this affidavit in that capacity.
2. That I am the registered proprietor of the land LRV 312 FOLIO12, PLOT 32
at Buziga.
3. That the original certificate of title fell in a trench full of dirty water due to
earlier heavy downpour, the certificate got wet and some prints on it were
rubbed off.

4. That I applied to the Registry of Titles to issue the Special Certificate of Title,
but all in vain.( A copy of the letter is hereto attached and marked as annexure
“A”)
5. That the Registrar refused to issue a Special Certificate of Title for LRV 312
FOLIO 12, Plot 32 at Buziga pursuant to the application submitted and he has
not given reasons or grounds for rejection.
6. That it is now over a year since the Special Certificate has not been issued
even though I paid all the fees and forwarded all pertinent documents to the
Registry of Titles.
7. That the actions of the Registrar of titles has caused me financial loss whereby
I want to use the said certificate of title to enter into a transaction with Mr.
Patel Singh. ( A copy of the sales agreement is hereto attached and marked as
annexure “B”)
8. That whatever I have stated herein above is true and correct to the best of my
knowledge and belief.

SWORN at Kampala this………………………… day of………………………..2025.

By the said;
SMITH MUGAGA ……………………

DEPONENT

BEFORE ME
………………………………………….
COMMISSIONER FOR OATH

DRAWN AND FILED BY

PNA & CO ADVOCATES
PLOT 54, KAMPALA

PART D:
BRIEF FACTS.
Assume that after completing the transaction between Mr. Smith and Mr. Patel in
Mr. Smith is now ready anxious to develop the remaining land with three blocks of
apartments. He intends to sell the different apartments to people.

ISSUES.
1. What are the necessary steps for creating Condominium titles?
2. What are the necessary documents between the developer and the property
owners who have purchased units pending the process of selling the remaining
units.
3. What is the relationship between the different owners in regard to the property
as a whole.
4. What are the pertinent changes that Smith has to make if the tenants are
interested in legally owning the apartments?

LAW APPLICABLE.
1. Constitution of Uganda of 1995.
2. The Registration of Titles Act, (RTA) CAP. 240.
3. The Land Act, CAP 236 (as amended)
4. Condominium Property Act cap 234

5.Condominium Property Regulations, S.I No.29/2002

RESOLUTION
What are the necessary steps for creating Condominium titles?
Condominium is defined under section 1 of the Condominium Property Act Cap 234
to mean a system of separate ownership of individual units in a multi-unit building,
the individual unit which are designated for separate ownership and the remainder of
which is designated for common ownership solely by the owners of those units.
It’s important to verify the title of the condominium property, at the relevant land
registry to ensure its legitimacy.
Procedure for Registering a Condominium Plan
Under Section 2(1) of the Condominium Property Act, a proprietor or a developer
of an existing plan may divide a building into two or more units by registering a
condominium plan with the Registrar a condominium plan in accordance with the act.
A condominium plan, as defined by Section 1, includes a phased plan and must be
submitted in quadruplicate as per Section 3(2), indicating the number of units.
In order for a Condominium plan to be repgistered, there has to be compliance with
certain requirements as provided under section 9(1) of the Condominium Property
Act. These among others as provided by the act include, the plan in its heading
described as condominium plan, indication in the plan a delineation of the external
surface boundaries of the parcel and the location of the building in relation to them, a
drawing illustrating the units distinguishing the units by numbers or other symbols,
the boundaries of each unit clearly defined in the plan, the approximate floor area of
each unit clearly shown in the plan, the plan accompanied by a schedule specifying in
whole numbers the unit factor for each unit in parcel, the plan is accompanied by a
statement containing each particulars as a necessary to identify the title to the parcel,
the condominium plan accompanied by certificates in section 10, the plan signed by
the proprietor
the Condominium Plan is accompanied by certificates, which are the certificate of
registered surveyor, certificate of local authority as provided under section 10(1) of
the condominium Property Act cap 234
Upon registration, the Registrar closes the part of the register for the original parcel
and opens separate parts for each unit, issuing certificates of title upon payment of
fees as provided for under section 3(1) of the Condominium Property Act cap 234
Still, Section 3(2) of the act, provides that the Registrar shall preserve the closed part
of the register refered to in 3(1).
A certificate of title issued in respect of a unit comprised in a Condominium plan
registered under the act shall upon registration of the plan, be deemed to have been
issued under the Registration of Titles Act as stipulated under section 4(2) of the
Condominium Property Act.
Section 4(3), empowers the proprietor of a unit to sell, transfer, lease, charge, or deal
with the unit as land under the RTA.
There is payment of fees as provided in 6th schedule of the Condominium Property
Regulations, wherein on lodgement for registration of transfer the fee is 10,000
Uganda shillings
 THE REPUBLIC OF UGANDA

IN THE MATTER OF REGISTRATION OF TITLES ACT CAP 230

IN THE MATTER OF CONTRACTS ACT, 2010

AND IN THE MATTER OF CONDOMINIUM PROPERTY ACT, 2001

AGREEMENT FOR SALE OF THE PROPERTY

THIS SALE AGREEMENT is made on this day of 3rd day of February, 2025, by and
between:
1. MR. SMITH MUGAGA, of P.O. Box 522, Kampala ...............................,
hereinafter referred to as the "Seller,"
AND
2. ABCD , of P.O. Box 300, Kampala.................................., hereinafter referred to as
the "Buyer."
WHEREAS:
a) The Seller is the lawful registered proprietor of land described as LRV 312 Folio
12, Plot 32 measuring 133.6980 Hectares at Buziga (hereinafter referred to as "the
Property").
b) A section of the property has been developed into a condominium estate
comprising of three blocks of apartments .
c) the buyer has expressed interest in purchasing a specific apartment unit, and the
seller is willing to transfer ownership under the terms set forth below.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. SALE OF UNIT
1.1 The Seller agrees to sell and the Buyer agrees to purchase Unit No.1 , located in
Block 312, within the Development.
1.2 This sale includes an undivided share in all common area of develpment.
2.CONSIDERATION & PAYMENT TERMS
2.1 The total purchase price for the Unit shall be UGX ____________________
2.2 The Buyer shall pay the purchase price as follows:
a) A deposit of UGX__________, payable upon execution of this Agreement.
b) The balance of UGX__________, payable in installments or upon completion as
agreed.
2.3 All payments shall be made to the Seller's designated bank account Mr. Smith
Mugaga.
3. TRANSFER & REGISTRATION
3.1 Upon full payment of the purchase price, the Seller shall facilitate the transfer of
the Unit to the Buyer and ensure registration of the Buyer’s title under the
Condominium Property Act.
3.2 The Seller shall provide the Buyer with:
a) A duly executed Transfer of Condominium Unit Form;
b) Copies of the condominium plan, by-laws, and management agreements;
c) A copy of the certificate of title for the Development.
4. POSSESSION & COMPLETION
4.1 The Buyer shall take possession of the Unit upon full payment and execution of
the necessary documents.
4.2 The Seller shall ensure that all utility connections (electricity, water, and
sewerage) are in place at the time of handover.
5. COMMON AREAS & MANAGEMENT
5.1 The Buyer acknowledges that the Unit is part of a condominium and shall be
subject to condominium by-laws and management rules.
5.2 The Buyer shall pay monthly service charges for the maintenance of common
areas.
6. WARRANTIES & REPRESENTATIONS
6.1 The Seller warrants that:
a) He is the legal owner of the Development;
b) The Unit is free from encumbrances;
c) All necessary approvals for the Development have been obtained.
6.2 The Buyer warrants that:
a) He/she has conducted due diligence on the Unit;
b) He/she shall comply with all condominium regulations.
7. DEFAULT & TERMINATION
7.1 If the Buyer fails to pay any installment, the Seller shall issue a 30-day notice of
default.
7.2 If the Buyer fails to remedy the default, the Seller shall be entitled to rescind the
Agreement and retain a percentage of the deposit as liquidated damages.
8. DISPUTE RESOLUTION
8.1 Any dispute arising from this Agreement shall be resolved through negotiation,
mediation, or arbitration in accordance with the laws of Uganda.
9. GENERAL PROVISIONS
9.1 This Agreement constitutes the entire agreement between the parties and
supersedes all prior understandings.
9.2 Any amendment to this Agreement must be in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date first written above.
SELLER:
Mr. Smith Mugaga
Signature: __________________
BUYER:
ABCD
Signature: __________________
WITNESSES:
 Name: __________________
Signature: __________________

ISSUE 3.
What is the relationship between the different owners in regard to the property
as a whole.?
1. Ownership Structure:
o In a condominium arrangement, a proprietor of a unit has ownership over the
individual apartment or unit. However, this ownership is separate from the ownership
of common property, which is shared among all unit owners.
o The condominium title is based on leasehold land. The unit ownership is distinct,
typically extending only to the unit boundaries as defined by the walls, floors, and
ceilings of the unit.
o The title for the condominium property is not acquired through freehold ownership, but
through leasehold tenure, as outlined in the Condominium Property Act, 2001.
2. Common Property:
o Common property refers to those parts of the condominium that do not belong to any
specific unit but are shared by all owners of the units. Common areas include spaces
such as staircases, parking lots, swimming pools, gardens, sewer systems, and other
shared infrastructure.
o Section 1 of the Condominium Property Act, 2001 defines common property as any
part of the condominium property not belonging to any specific unit but used in
common by the owners of the units.
o The relationship between the owners is further solidified through their joint ownership
of common property.
3. Rights of the Unit Owners:
o Right to Own Common Property in Common: Under Section 6(2) of the
Condominium Property Act, 2001, common property is held by the owners of the
individual units as tenants in common. The proportion of ownership corresponds to
the "unit factor" assigned to each unit.
o Right to Enjoy Common Property: Section 14(2) of the Condominium Property
Act provides that owners have the right to enjoy the common property and access
essential services such as light and air from apertures (windows, doors, etc.).
o Change of use of unit: Section 8 of the Condominium Property Act specifies that
owners cannot change the use of their units unless there is unanimous consent from
the corporation (i.e., the Condominium Owners’ Association) and approval from local
authorities. This ensures that any modifications to a unit are in line with the
condominium rules.
o Right to Access and Easements: Section 17(2) extends easement rights, allowing
owners to access and use common services, such as water supply and drainage
systems, as needed to maintain the functionality of the condominium.
4. Establishment of a corporation:
o The Condominium Property Act provides for the formation of a Corporation, which is
automatically established upon registration of the condominium plan (Section 19).
o All unit owners are automatic members of this association, and they participate in the
governance of the condominium, including voting on decisions relating to the
management of the property.
o The association is responsible for the management of common property, as well as
enforcing the rules and regulations that govern the conduct of the owners.
o Section 20 of the Condominium Property Act provides the corporation with the
responsibility tomanage property, keep the property in good state, and enforce its by-
laws and manage the common property effectively.
5. Rights of owners of common property.
o Section 14 of the Condominium Property Act. Provides for rights of support,
shelter and protection, passage or provision of water, sewerage drainage, gas and
electricity.
o Sect 14(2) common property and each unit shall have a right to full, free and un
interrupted access and use of light through or from any widows or doors.

ISSUE 4.
What are the pertinent changes that Smith has to make if the tenants are
interested in legally owning the apartments?
a) Change in ownership: from the definition of a condominium in section 1 of the
Condominium Property Act, the fact that condominiums constitute units means that
the subject matter that was being held as a whole shall be converted into individually
owned units as condominiums.
b) Closure of the register of the former title and creation of new titles. Section 4 of
the condominiums Property Act upon application for registration of a condominium
plan the part of the register relating to the parcel describe in the plan is closed and
then a certificate of title in respect of each until is issued.
c) Common property: section 2 defines common property to include any property that
doesn’t belong to any specific unit and is used in common by all the owners of the
units including the land on which the property is located
d) Restrictions in the enjoyment of the property: section 9 of the Condominium
Property Act, an owner of a condominium shall not change the use of the property
without the unanimous approval of the cooperation.
e) Power of the owner to transfer, sell, lease or transact.
Section 4(3) of the Condominium Property Act provides that a proprietor of a unit
has the right to transact in the same manner as a proprietor of land under the RTA.
In conclusion, those are some of the effects of creating condominium titles.