21 May 2013

Dilapidated building causes neighbour concern

Lucille Geldenhuys Attorneys

The Property Poser panel has received a query from a concerned reader about a dilapidated building in the vicinity of the block of maisonettes in which she lives. The reader explains that this run-down building looks similar to the one in which she lives but whereas hers is a sectional title complex, the neighbouring one seems to belong to a single owner who rents out the units. The problem … [Read more...]


Tenant given notice due to alterations

Stiaan Jonker - Smith Tabata Attorneys

This week the Property Poser experts assist a reader who has been given notice to vacate her rented garden cottage, as her landlord wants to make large-scale alterations. The reader says she has been renting for a number of years without a formal or written lease agreement between the two parties. The notice was given on the seventh day of the month. Despite mentioning that it was for "a … [Read more...]


Renting an uninhabitable property

Susan Chapman - Rawson Properties PE Platinum

The Property Poser experts have been approached by a reader who has been renting a property that seems unfit for habitation. The tenant has lived there for six months and encountered a number of problems. including a complete lack of built-in cupboards. He also reports that the front door and internal doors cannot close properly. A broken lounge window that was supposed to be replaced was … [Read more...]


Homeowner blocked by occupation certificate

Susan Chapman - Rawson Properties PE Platinum

A reader has approached the Property Poser panel about an occupation certificate, which stands between him and the dream home he has built. The reader writes that the residence is nearing completion after four years. He tells us that the project was not financed via a mortgage bond and that he built only as and when he had cash reserves to do so. The builder has now advised the reader … [Read more...]


Buyer laments leaking roof

Willem Luttig - Raubenheimers Inc.

This week a first-time home buyer tells our Property Poser experts that, shortly after moving into the house, it rained and he discovered that the roof leaks. The reader says he climbed onto the roof and, upon inspection, found that not only was it in a very poor condition but had been repaired and patched all over. Prior to selling, the previous owner had mentioned that she had experienced … [Read more...]


Moisture puts damper on tenant’s lease

Pieter van Rensburg - Chas Everitt

This week, the Property Poser experts help a tenant who is experiencing massive problems with dampness in the property he rents. The reader tells us that the foundations of the house have subsided to such an extent that cracks have appeared in various places. Of even greater concern is the fact that the shower floor in the bathroom has also subsided, causing water to seep into his adjoining … [Read more...]


Neighbour oversteps her boundaries

Charlotte Vermaak - Chas Everitt

Whenever people live in close proximity to one another, it seems that possibilities for conflict abound. This week the Property Poser panel considers the contentious issue of neighbours overstepping their boundaries. A reader writes that her neighbour planted a hedge on her own side of a shared boundary wall but that, over time, the hedge grew and covered the whole wall, including the … [Read more...]


Putting a ceiling on defects

Schalk van der Merwe - Rawson Properties

The Property Poser panel often receives queries relating to the discovery of defects during the course of a property sale or shortly thereafter. This week a buyer tells us that the transfer of his property is still in progress but substantial leaks in the roof have been discovered. When the reader reported it, the estate agent obtained quotations for the repairs and a claim was instituted … [Read more...]


Family complicates living arrangement

Rian du Toit - DTS Attorneys

Verbal agreements between family members often create problematic situations with regard to living arrangements. A reader writes that, a few years ago, her son and his wife suggested that their double garage be converted into a flatlet for her and her partner. Part of this arrangement included that a new double garage be constructed on the property. The financing for these alterations was … [Read more...]


Trustees accountable for complex repairs

Herman Pieterse - Jan Visser Attorneys

This week the Property Poser panel deals with a sticky situation relating to the trustees’ responsibilities when it comes to repairs and maintenance in a sectional title complex. In this instance, the driveways of the complex had to be resurfaced with tar and a special levy was raised to cover the cost. The reader reports that the first section was very poorly done and it was not long before … [Read more...]


Rebuilding boundaries between neighbours

Lucille Geldenhuys Attorneys

The Property Poser panel is often asked to deal with the sensitive issue of boundary walls between neighbours. This week one of our readers shares her distress over the state of the vibacrete wall that divides her property from her neighbours’. Some of the panels are broken or missing but the neighbours are not in a financial position to make any kind of repairs to the wall. The … [Read more...]


Tenant claims for property repairs

Grant Berndt - Abdo and Abdo Attorneys

This week the Property Poser experts field a query from a reader who rents out her second property for a minimal monthly amount, provided that the tenant maintains it to a habitable standard. Despite the negligible rental, the reader says the tenant pays irregularly and has made changes to the property without her consent. The tenant is now claiming that the owner owes him money, based on … [Read more...]


Power lines put second storey in jeopardy

Schalk van der Merwe - Rawson Properties

A frustrated reader would like to add a second storey to his house, but is prohibited by local authorities to do so. The reason is that the roof will then be closer than the prescribed three metres to power lines that were installed by the municipality after he had purchased the property. He says he was never approached by the municipality for permission to install the lines over his … [Read more...]


Owners responsible for section repairs

Herman Pieterse - Jan Visser Attorneys

This week the Property Poser panel deals with two similar questions regarding responsibility for maintenance in a sectional title complex. The first reader is having problems with water damage to built-in cupboards, caused by a leaking shower in the unit above. The body corporate referred the issue to the person living in that unit, but he is merely a tenant who has undertaken to contact the … [Read more...]


Improvements not fine with trustees

Charlotte Vermaak - Chas Everitt

This week our panel assists a reader who has been fined for alterations he made to his unit in a sectional title complex. Before starting these alterations he submitted the plans to the municipality and the trustees of the body corporate. The changes he wished to effect were not only aesthetic, but also had practical implications to prevent rainwater from flooding the interior. The … [Read more...]