Legal and Property Advice from the Professionals
This week's Property Poser question comes from a reader who is leasing a commercial property. Her business appears to have hit upon hard times financially and her rental is one month in arrears. She wants to know whether her landlord can lock her out of the property without a court order. According to Susan Chapman from Rawson Properties Port Elizabeth Platinum, the lease entered into … [Read more...]
A reader who is married out of community of property, excluding the accrual system, has approached the Property Poser experts regarding her rights on a jointly owned sectional title unit. She explains that she and her husband both have children from previous marriages. In terms of their wills, the surviving spouse will receive usufruct on the deceased’s half-share of the property, while the … [Read more...]
The Property Poser panel helps a tenant this week whose advance rental payments have not been paid over following a change in ownership of the property. The reader explains that she rented a residential property and, for some reason, landed up paying four months rental in advance to the landlord and owner. Although she was unaware of it at the time of payment, the landlord had already sold … [Read more...]
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...]
A landlord who lost his property following a series of misfortunes has approached the Property Poser panel about recovering the rental arrears from the defaulting tenant. The reader let the property to the tenant who, at some stage, lost his job and became unable to continue paying the monthly rental. The landlord, in turn, also appears to have experienced financial difficulties as a … [Read more...]
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...]
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...]
A resident of a sectional title complex has approached the Property Poser panel with some concerns about the actions of the trustees. The reader explains that there are ten units in his complex and that three trustees were elected at the last annual general meeting. He asks whether a person who is not a unit owner may be elected as trustee and whether the trustees may, without the owners' … [Read more...]
A reader who moved from one unit to another in the same complex has presented the Property Poser experts with an interesting situation regarding "outstanding" rental. She writes that she had an arrangement with the owner of the units that she could move as soon as a replacement tenant was found for the one she would be vacating to avoid paying rental on both. This would presumably break an … [Read more...]
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...]
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...]
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