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...]
Sectional title owner can access financial statements
A reader who lives in a sectional title complex wants to know if he has a right to peruse the body corporate's anticipated annual expenditure, as well as the financial statements. … [Read more...]
Owner has right to access scheme’s financial statements
I live in a sectional title complex and would like to know what my rights are to view the body corporate's anticipated annual expenditure, as well as the financial statements. I am an owner in the complex and pay levies to the sectional title scheme. Thank you, Financial Access See what the experts have to say. … [Read more...]
What legislation is applicable to subdivision of property?
I am planning to subdivide a piece of land I own and I would like to know how to go about this and what legislation is applicable to the process. My idea is to sell one or more pieces from the subdivision to raise funds for the construction of a residential house on the remaining portion. Thank you, Subdivision Planner See what the experts have to say. … [Read more...]
Subdividing property: What legislation applies?
A reader who plans to subdivide a piece of land wants to know how he should go about this and what legislation is applicable to the process. … [Read more...]
Remedying building defects after occupation
After employing a builder to construct his new home, a reader wants to know what options are available to him to remedy some serious defects which became apparent after he took occupation. … [Read more...]
Owner wants builder to fix defects
I employed a builder to construct my new home and would like to know my options after I discovered some serious defects following occupation. After speaking to the builder, I was confident he could do the job, but there were issues from the start, such as delays in the construction, an insufficient number of builders on site and deadlines missed. A few months after taking occupation I … [Read more...]
How to deal with a dilapidated house in the neighbourhood
Can you advise what options are available in terms of a dilapidated house in our neighbourhood which poses a threat to those living in proximity to the building? The house is an eye-sore and an effort to effect repairs seems to have been abandoned by the owner. Building materials are precariously stacked against the side of the house, while some beams and scaffolding appear to be propping up … [Read more...]
Dilapidated house in neighbourhood a safety concern
A reader wants to know what can be done about a house in his neighbourhood which is in a dilapidated state and poses a potential threat to those living in proximity to the building. … [Read more...]
Process involved in transfer of property
A number of readers have requested guidance as to the process involved in transferring fixed property from one person to another. … [Read more...]
How to transfer property to another person
I am considering selling a fixed property I own and would like to know what the process of transferring it to another party entails. Although I realise the mechanism is well established, I would appreciate an overview of the procedure to better understand what is involved in the transaction. Thank you, Transferring Property See what the experts have to say. … [Read more...]
Seller’s verbal usufruct causes uncertainty
I bought a farm for less than its market value and would like to know what my options are to remove the seller, who says he has a right to remain because of a verbal usufruct. Is there even such an agreement as a verbal usufruct? He never mentioned this at the time of the sale and after the transfer of registration he refused to leave because of the usufruct he claimed to have in his … [Read more...]
Validity of a verbal usufruct questioned
A reader who bought a farm for less than its market value wants to know what her options are to remove the seller, who says he has a right to remain because of a verbal usufruct. … [Read more...]
Implications of buying a house under market value
A reader who intends buying a bond-free residential property from his father at a price well below its market value wants to know whether he will pay transfer fees on the purchase price or market value. … [Read more...]
Transfer fees linked to purchase price or market value?
I am planning to buy a bond-free residential property from my father at a price well below its market value and would like to know if the transfer fees are determined by the purchase price or the market value. We have agreed on a price that is 20 per cent of the market value because that is the maximum amount I can afford. Thank you, Transfer Fees Poser See what the experts have to … [Read more...]
