Legal and Property Advice from the Professionals
The Property Poser panel has been approached by a reader who recently purchased a property that includes a garden flat with an existing tenant. The reader says the previous owner entered into a year-long lease agreement about three months ago and the lessee would like to stay on despite the change of ownership. However, the letting agent now claims that the new owner is responsible for … [Read more...]
A reader has approached the Property Poser panel with a number of questions regarding the sale of a fixed property by way of instalments and also the effect that a suspensive condition might have on such a sale. The reader is looking to sell his sectional title flat and has been introduced to a potential purchaser by an agent. The buyer has only qualified for a bond of 85% of the purchase … [Read more...]
This week, the Property Poser panel assists a reader who has maintenance issues with the residential property she has been renting for about a year. When the tenant took occupation of the property no inspection was done in her presence, but she duly completed a checklist and sent it to the estate agent dealing with the rental. The reader noted several issues with the property, including … [Read more...]
This week, the Property Poser experts bring clarity to the murky issue of joint ownership for a reader who owns an undivided half-share in a property. The reader writes that the building has two separate entrances and that his co-owner rents out "her" side. He would like to know whether he has any claim to the income generated in this manner. There appears to be some animosity between … [Read more...]
This week our Property Poser experts are again faced with an emotive issue involving siblings who jointly inherited a fixed property and cannot seem to agree on the day-to-day running of it. A reader writes that she not only inherited half the property but also lived there for a number of years – first with her mother, who owned the other half, and later, after her mother’s passing, with … [Read more...]
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...]
This week the Property Poser panel addresses a reader’s issue with a property management company. He writes that he ended his homeowners’ association’s (HOA) mandate with the company, which was responsible for administration and accounting services. The HOA had become dissatisfied with the service provider and, despite efforts by the company to improve, the situation became untenable. … [Read more...]
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...]
This week's scenario presented to our Property Poser panel relates to the early cancellation of a lease by a landlady. The tenant recently received a call from the person in question, who requested that she vacate the property as soon as possible to accommodate her daughter who was unexpectedly returning from overseas. During the conversation the landlady, who realised that she was … [Read more...]
This week the panel examines the role of the executor in a deceased estate following a query from an aggrieved beneficiary who considers one such incumbent a dead loss. The reader explains that a family member was appointed as executor but that she and fellow beneficiaries have been unhappy with his administration of the estate thus far. She would like to know whether he can be removed from … [Read more...]
One of our readers is unhappy with both a recent tenant of her property and the letting agent who initially secured and handled the tenant. It appears that the agent introduced the candidate and assured the reader that she was suitable and that all credit checks had been properly performed. The reader was satisfied with this and signed the lease agreement. At first everything went smoothly. … [Read more...]
With all the rain that has fallen across the country recently, it is not surprising to hear from a reader who complains about the manner in which his neighbour diverts stormwater runoff. He writes that his neighbour has made numerous holes in their shared boundary wall, diverting stormwater to the reader's side. The problem is exacerbated by the fact that the properties are on an incline, with … [Read more...]
This week our panel helps a reader who is uncertain about what the heirs can do with a property that forms part of a deceased estate. The reader explains that she is currently living in a property that belonged to a deceased family member and she now wishes to make an offer to purchase on it. She does not mention how long ago the family member passed away but it appears that the transfer … [Read more...]
After experiencing ongoing problems with the chairperson of her homeowners' association (HOA), a reader asks our panel what the correct procedure is for unseating such a person. The reader says that, despite the HOA members having voted unanimously for her removal, she is continuing in the role. The chairperson contends her dismissal is merely temporary until a current dispute with her … [Read more...]
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