Legal and Property Advice from the Professionals
The latest question put to our Property Poser panel comes from a reader who lives in a complex where a number of owners are disputing a penalty imposed on their undeveloped plots. The reader writes that his complex is regulated by a Homeowners' Association (HOA) whose constitution makes provision for a monthly penalty to be levied on owners who do not develop their plots within 36 months of … [Read more...]
From time to time, the Property Poser experts assist readers whose property assets are a source of conflict in their divorce proceedings. In this instance, the reader was married out of community of property under the accrual system. He and his wife bought a piece of land and built a dwelling on it, where they both lived until the end of last year when she moved out due to marital … [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 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, a reader asks our experts for assistance regarding the leasing of a commercial property, which had been jointly owned by a trust and a natural person. At the beginning of the lease agreement, the reader made improvements to the property by installing a shower room, with the consent and knowledge of the person who co-owned the building. It appears that the lessee did not deal with … [Read more...]
This week our panel of experts addresses the issue of whether a sectional title scheme could be converted into a homeowners' association. As manager of a body corporate, one of our readers is often confronted by annoyed sectional title owners who cannot understand why they require permission to make alterations to their property. She would like to know if they could be appeased through a change … [Read more...]
A reader has posed a question to our panel relating to the rights and obligations of a usufruct holder. The person, who is entitled to the usufruct of the property in question, has lived there for seven years, but is no longer able to maintain it. She has considered giving it to the family members who will ultimately inherit full ownership upon her death, but is concerned about donations tax … [Read more...]
A reader, who bought a house with her partner, finds herself in a predicament as a result of the relationship having broken down. Her former partner now wishes for her to take full ownership of the property. Lucille Geldenhuys from Lucille Geldenhuys Attorneys in Stellenbosch says there are various aspects the reader has to consider when making a decision regarding this problem. "One … [Read more...]
Ons paneel deskundiges het ’n e-pos van ’n leser ontvang wat sê sy voel soos ’n gevangene in haar eie huis. Ongeag die feit dat sy en haar man 10 jaar gelede geskei is, het hulle as "egpaar" bly saamwoon. In dié tyd het sy die verband betaal asook verbeterings op haar onkoste laat aanbring. Sy sê haar eksman raak al hoe meer beledigend en aggressief en dring daarop aan om vir sy … [Read more...]
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