After purchasing a plot in 2015, a reader recently discovered that the developer had sold the same plot to a second purchaser and she would like to know her rights in this situation. … [Read more...]
Owner’s options after developer sells plot twice
I purchased a plot of land in 2015, but recently discovered that the developer had sold the same plot to a second purchaser. Compounding the situation is that the other purchaser has built a house on the plot. Please can you advise me of my rights in this situation? Thank you, Bewildered Buyer See what the experts have to say. … [Read more...]
Withholding payment of levy due to dispute
I am in a dispute with the body corporate in the complex where I own a unit and am withholding payment of my levy until the matter is resolved. The reason for the dispute is somewhat trifling but it is important to me and has become a matter of principle. The body corporate have said they will charge me interest and that I am not allowed to vote on resolutions until the levy is paid. I … [Read more...]
Penalised for withholding levy payments
A reader who is embroiled in a dispute with her body corporate is withholding payment of her levy and wants to know if the organisation can penalise her by charging interest on the money owed and prevent her from voting. … [Read more...]
Taking ownership of estate property at specified age
A reader, who has reached a specified age to take ownership of her late father's estate, wants to know how she should go about acquiring the property in her name. … [Read more...]
Acquiring inherited property at specified age
I am the beneficiary of my father's estate and I would like to know how I can go about acquiring the property in my name. My father died 20 years ago, but I was only entitled to take ownership of the estate, including the fixed property, when I turned 25, an age I have now reached. Thank you, Taking Ownership See what the experts have to say. … [Read more...]
Formal agreement vital when leasing to family
A reader who has rented a property from his son for seven years without any default in payments has been given notice and wants to know what his options are in this situation. … [Read more...]
Leasing from family without formal lease
I have been renting a property from my son without a formal lease agreement for seven years and have not defaulted on any payments. He has now given me notice and I would like to know what my options are. I initially rented the property from a third party before it was purchased by my son. He was unable to pay the full deposit and I loaned him R100 000 so he could settle the required … [Read more...]
Transferring parents’ properties after dying intestate
My parents, who owned two properties, died intestate and, in the absence of wills, I would like to know the procedure to transfer the properties to the children. The properties belonged to my father, who passed away first. My mother then "looked after" the properties until she also died. Thank you, Intestate Property See what the experts have to say. … [Read more...]
Transferring property under intestate succession
A reader's parents, who owned two properties, died intestate and he wants to know, in the absence of wills, the procedure to follow to transfer the properties to the children. … [Read more...]
Basic provisions in a lease
I am renting a property I own to a friend and I would like to know what the basic provisions are which need to be included in a lease. As the property is being rented to someone I know well, I do not want to have a complex contract as I believe there is little chance of a dispute arising. Thank you, Bare Essentials See what the experts have to say. … [Read more...]
Basic provisions to include in rental agreement
A reader who is planning to rent out his property to a friend wants to know what the basic provisions are which need to be included in a lease because he feels he does not need a complex contract. … [Read more...]
Mistake on rental contract blamed for premature increase
A reader has been advised by the estate agent that a mistake on a rental contract is to blame for raising the rental amount of a flat in advance of the date specified in the lease. … [Read more...]
Rental increased too early due to mistake on contract
The estate agent handling the administration of my domestic worker's flat says a mistake on the rental contract is to blame for raising the amount earlier than the date specified in the lease. She rents the flat, is up to date with her payments and has never had any issues with the landlord. I am concerned about the legality of this scenario and would appreciate some clarification on the … [Read more...]
Restrictive condition on smallholding’s title deed
I want to do some building works on my smallholding, but I have discovered a restrictive condition in the title deed which could influence my plans. Can you advise how I go about dealing with this situation and whether the restrictive condition is relevant to the plans I have in mind? Thank you, Smallholding Plans See what the experts have to say. … [Read more...]
Restrictive condition can affect building on smallholding
A reader wants to know how to deal with a restrictive condition in the title deed which may affect building works he wants done on his smallholding. … [Read more...]
Replacing appointed executor of an estate
Although not the executor of the estate, a reader wants to know how she can handle its administration because the appointed executor, her aunt, is not capable of carrying out the required duties. … [Read more...]
Taking over role of appointed executor of estate
I am not the executor of the estate, but I would like to know how to handle its administration because the appointed executor, my aunt, is not capable of carrying out the required duties. My father remarried after my mother died and his second wife died soon after the marriage. This was followed by his death. He left a will which included four of his children as beneficiaries, but excluded … [Read more...]
