Legal and Property Advice from the Professionals
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...]
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 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 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...]
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 a reader asks the panel’s opinion on setting up a business as a company and whether it would be wise for a trust he is part of to own shares in it. The reader would also like to know what the tax implications of this structure might be. This is a reasonably complex issue with many aspects to consider, says Rian du Toit from DTS Attorneys in Port Elizabeth. "It’s quite a … [Read more...]
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...]
Regular readers of our column may be aware that the impact of a marital regime on property ownership is often a burning question. This is even more so, it appears, when creditors are laying claim to outstanding debts from either one or both of the joint owners. One such reader writes that he and his wife are married out of community of property, with the exclusion of the accrual system. They … [Read more...]
This week our panel once again sheds light on the rights and responsibilities in the landlord-tenant relationship. A reader explains that she moved into a flat and was required to pay a deposit of R2 000 into the landlord's account. Some time later, she gave notice and subsequently vacated the flat. Upon leaving, the reader was advised by the landlord that her satellite dish was not to be … [Read more...]
It appears that issues relating to geyser replacement in a sectional title scheme have got more than one reader steamed up. The typical scenario presented to our experts seems to be that there is insurance in place to cover the replacement of a burst geyser. However, the sectional title owner is then held responsible for the excess payable and/or any amount not covered by the policy. One … [Read more...]
In a reversal of stereotypical roles, a reader "interferes" on behalf of his mother-in-law and interrogates our panel about a belated levy payment. The lady in question lives in a sectional title complex and some time ago had the balcony of her unit enclosed. Now – a full 15 years later – the management company has ruled that an additional levy is payable on this … [Read more...]
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