Legal and Property Advice from the Professionals
This week our Property Poser expert deals with a question from a reader regarding the timing of the payment of Capital Gains Tax when it comes to the sale of an immovable property. The reader’s case is a little unusual as he explains that the sale in question is an instalment sale over a period of 48 months, which obviously spans more than one tax year. To begin, it is useful to consider … [Read more...]
This week our Property Poser expert deals with a case of sibling rivalry between two brothers who co-own a property, in which the one lives. The reader, who resides elsewhere, appears to be having communication issues with his brother. He has discovered that his sibling has made arrangements regarding outstanding instalments and payments at the bank and municipality without his … [Read more...]
The Property Poser panel has received a query from a concerned reader about a dilapidated building in the vicinity of the block of maisonettes in which she lives. The reader explains that this run-down building looks similar to the one in which she lives but whereas hers is a sectional title complex, the neighbouring one seems to belong to a single owner who rents out the units. The problem … [Read more...]
A reader has approached the Property Poser experts about dubious behaviour by the chairperson of his sectional title complex. Although she does not own a unit in the complex, she has nevertheless held the position for a number of years. Furthermore, when it comes to decisions regarding the appointment of contractors and service providers, the reader says these people often turn out to be … [Read more...]
This week the Property Poser experts deal with the issue of who should hold the deposit on a rental property. A reader writes that he recently purchased a unit in a sectional title complex with the specific intention of renting it out. The letting agents have advised him that they should be holding the deposit in their trust account. The reader is concerned however that the ultimate … [Read more...]
The Property Poser panel has received an interesting query from a reader regarding a commission paid to the managing agent of his complex. The reader lives in an estate that comprises both free-standing and sectional title units, resulting in the appointment of both a homeowners' association (HOA) and body corporate. Financial and administrative duties, as well as related management … [Read more...]
A reader has asked the Property Poser experts to clarify the rules regarding the appointment of trustees in a sectional title complex. Firstly, he would like to know whether more than one trustee may be appointed from a single unit, as in the case of a husband and wife, and, secondly, whether they would be allowed to nominate each other for the position. According to Lucille Geldenhuys … [Read more...]
The Property Poser experts are often inundated with queries about stormwater run-off from neighbouring properties and this week's scenario comes from a reader who lives in a sectional title complex. The reader explains that the area in which he lives was flooded some time ago, while he was abroad. At the time, his neighbour outside the complex knocked down the wall separating the two … [Read more...]
A reader who is renting a flat has approached the Property Poser panel about the possibility of moving into a vacant flat in that same block. Although she has not provided much background information, it appears that the flat adjacent to hers has become available and the reader would like first option on taking occupation. However, much to her annoyance, the reader’s landlord has made … [Read more...]
This week a reader presents the Property Poser panel with an interesting question about setting up a participation quota system for a commercial property, in this instance a shopping centre. The reader explains that the centre comprises 28 freehold stands, each with a building upon it. According to him, the "memorandum of articles" refers to a levy based on a budget divided by that … [Read more...]
This week, the Property Poser experts grapple with an interesting question from a tenant regarding the merits of a verbal lease contract over one in which the terms are reduced to writing. According to Lucille Geldenhuys from Lucille Geldenhuys Attorneys in Stellenbosch, South African law recognises both written and oral agreements. "In order for an agreement to be concluded, all parties … [Read more...]
This week a reader asks the Property Poser experts whether a managing agent is allowed to lead the body corporate of a sectional title complex and give advice. In addition, as a trustee of the complex in which he resides, he is concerned about a situation in which one or two of his fellow trustees are trying to take control. According to Schalk van der Merwe from Rawson Properties … [Read more...]
This week our Property Poser experts consider questions from two readers about the rights of tenants in relation to their landlords. The first question comes from a tenant whose landlord has recently passed away. The property has been placed on the market and he wishes to know what his rights are as far as the agent putting up a "for sale" sign and bringing in potential buyers goes. The … [Read more...]
This week, the Property Poser panel deals with a rental issue from a reader whose landlord sent her an SMS instructing her to vacate his property by the end of the month. She admits that, since her husband has been retrenched, they have been in arrears with the rental. The couple had offered to repay the amount in instalments or set up a debit order, but received no response. The reader … [Read more...]
The Property Poser panel often receives queries relating to the discovery of defects during the course of a property sale or shortly thereafter. This week a buyer tells us that the transfer of his property is still in progress but substantial leaks in the roof have been discovered. When the reader reported it, the estate agent obtained quotations for the repairs and a claim was instituted … [Read more...]
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