Legal and Property Advice from the Professionals
A reader who owns a unit in a retirement village has questioned the Property Poser panel about the legalities surrounding the sale of life rights, specifically with regard to usus and habitatio. He is currently renting the unit out but an elderly couple has approached him with an offer to purchase the right of occupation. The reader says the husband and wife are both in their eighties … [Read more...]
This week, a reader asks the Property Poser panel for help with an issue pertaining to the process of transferring a property. The reader writes that she successfully sold her property and the transfer process was handled by Attorney A. She then made a successful offer to purchase on another property and Attorney B was appointed to deal with that transfer. Although not required by the … [Read more...]
This week a first-time home buyer tells our Property Poser experts that, shortly after moving into the house, it rained and he discovered that the roof leaks. The reader says he climbed onto the roof and, upon inspection, found that not only was it in a very poor condition but had been repaired and patched all over. Prior to selling, the previous owner had mentioned that she had experienced … [Read more...]
This week, the Property Poser experts help a tenant who is experiencing massive problems with dampness in the property he rents. The reader tells us that the foundations of the house have subsided to such an extent that cracks have appeared in various places. Of even greater concern is the fact that the shower floor in the bathroom has also subsided, causing water to seep into his adjoining … [Read more...]
This week the Property Poser experts address a reader’s concern about preventing pedestrians from crossing her vacant seafront plot. The reader explains that she bought the land a decade ago and initially intended to build on it but has since decided to sell. The problem she faces is that the local residents, mostly fishermen, use a pathway across her land to access the beach, even though … [Read more...]
This week the panel considers the tax and other financial implications of selling a property that is not your primary residence. The question comes from a reader who has been renting out such a property for a decade and now wishes to sell it. He has obtained a valuation but is uncertain as to what the costs will be on his side. The reader asks firstly about the tax situation and secondly … [Read more...]
The panel has had a question from a reader faced with the "for richer or poorer" aspect of her wedding vows, as she grapples with the issue of property ownership and debt under her particular marital regime. She explains that she and her husband acquired a property jointly before they got married but after their antenuptial contract was drafted. They married out of community of property with … [Read more...]
This week the panel tackles a reader's question about the calculation of levies and explains how special levies are divided between owners in a sectional title complex. The reader describes her complex as consisting of nine units, all of which are roughly the same size, give or take a few square metres. She would like to know whether this means that all owners should pay approximately the same … [Read more...]
Our panel is often asked to deal with a variety of issues relating to sectional title complexes, from problems between neighbours to maintenance of the common property. This week's reader question is a classic example of the latter. The reader explains that he has owned and lived in his unit for some time. Approximately two years ago, he approached the trustees of the complex about paving a … [Read more...]
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