Legal and Property Advice from the Professionals
A reader who owns a unit in a retirement village has questioned the Property Poser panel about the legalities surrounding the sale of life rights, specifically with regard to usus and habitatio. He is currently renting the unit out but an elderly couple has approached him with an offer to purchase the right of occupation. The reader says the husband and wife are both in their eighties … [Read more...]
This week the Property Poser experts assist a reader whose neighbour’s stormwater runs across his property. The reader does not indicate if the neighbour did anything to divert the water onto his property or whether it just appears to be the natural flow of the water. He would like to know what his neighbour’s obligations are and whether the National Building Regulations and Standards … [Read more...]
This week, a reader asks the Property Poser panel for help with an issue pertaining to the process of transferring a property. The reader writes that she successfully sold her property and the transfer process was handled by Attorney A. She then made a successful offer to purchase on another property and Attorney B was appointed to deal with that transfer. Although not required by the … [Read more...]
Problems associated with co-ownership is an oft-repeated topic for our Property Poser experts. This week’s situation highlights just how difficult the relationship can be. A reader writes that she co-owns a residential property with her mother, who has lived there since they purchased it. The daughter has moved out on occasion and during this time any tenants had to contribute to her portion … [Read more...]
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...]
This week the Property Poser panel looks at the ramifications of a situation where the conveyancing attorney paid out an estate agent’s commission before he was entitled to do so. A reader writes that he paid a deposit into the attorney’s trust account, which was earmarked for transfer costs. The attorney instead used the money to pay the agent’s commission and, when confronted by the … [Read more...]
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...]
This week a reader who is leasing a retail shop asks the Property Poser panel whether his landlord can compel him to buy the majority of his stock from the latter’s wholesale distribution business. Because it forms part of his rental agreement, the reader would like to know whether such a clause could be challenged. There are two main issues to be considered here, says Rian du Toit … [Read more...]
This week the Property Poser experts address a reader’s concern about preventing pedestrians from crossing her vacant seafront plot. The reader explains that she bought the land a decade ago and initially intended to build on it but has since decided to sell. The problem she faces is that the local residents, mostly fishermen, use a pathway across her land to access the beach, even though … [Read more...]
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...]
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...]
This week the Property Poser panel clarifies a situation in which a reader is being threatened with early eviction due to outstanding rental payments. The tenant is two months in arrears but has offered to repay the money in instalments. However, the landlord is not satisfied with his offer and has demanded, via the rental agency, that the reader vacate the property within seven … [Read more...]
This week the Property Poser panel helps a reader who is at his wits’ end with noisy neighbours. He writes that the owner of the next-door property rents it out to eight students, who often hold loud parties until the early hours. He has had meetings with the owner, who has undertaken to do something about the noise. However, instead of improving the situation, it has worsened. The … [Read more...]
This week the Property Poser panel deals with an issue where the defaulting tenant of a rental property is not a natural person but a close corporation (CC). The reader asks how a landlord can hold a tenant liable for a breach of contract when the tenant is a CC with only one member. In this instance, the contract has been cancelled and the tenant evicted. Unfortunately, no sureties were … [Read more...]
This week the panel considers the tax and other financial implications of selling a property that is not your primary residence. The question comes from a reader who has been renting out such a property for a decade and now wishes to sell it. He has obtained a valuation but is uncertain as to what the costs will be on his side. The reader asks firstly about the tax situation and secondly … [Read more...]
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