This week the YourProperty experts tackle the issue of a usufruct over a sectional title property and who is responsible for the associated day-to-day expenses. A reader writes that his late father bequeathed a residential property to the reader's sister, subject to a lifelong usufruct in favour of their mother. The reader explains that the will did not stipulate whether the surviving spouse … [Read more...]
Search Results for: Servitude
Usufruct
A usufruct is a type of servitude that grants a person who is not the owner of a property the use and benefit of that property as long as it is not altered or damaged in any significant way. The usufruct is normally registered to the usufructuary for a predetermined period or for his or her lifetime. … [Read more...]
National Building Regulations and Building Standards Act
The National Building Regulations and Building Standards Act, 1977, is the enabling Act under which the National Building Regulations are made. The Act empowers the Minister to make regulations and sets out the principles and administrative requirements governing such regulations. The Minister of Economic Affairs and Technology is responsible for the implementation of the Act and for … [Read more...]
Overhanging branches crack neighbourly relations
A reader who recently bought a new dwelling has asked the YourProperty expert for advice regarding the overhanging branches of a neighbour's tree, which are putting pressure on her boundary wall. Among other issues, the reader is concerned that she will be unable to install an electric fence as a result and that these branches may cause the walls to collapse. The reader says the … [Read more...]
Panhandle properties explained
This week the experts consider the issues surrounding panhandle properties and the pros and cons of purchasing one. … [Read more...]
Good neighbours make good fences
A reader has asked the Property Poser experts for clarity regarding the rights and duties of neighbours when it comes to a boundary wall. In this instance, the vibracrete wall is in a poor state of repair, with sections falling over. The reader says he has already spent thousands of rands on repairs, while his neighbour appears completely unconcerned about the state of the wall. He questions … [Read more...]
Quick reference
Click one of these links for a quick solution to your problem. This page will be updated continuously. Annual General Meeting (AGM) Body corporate Chairman/Chairperson Commission Consumer Protection Act Co-ownership Deeds office Deposit Developer Divorce Drainage Eviction Fixture Fiduciary relationship Habitatio Homeowners Association (HOA) Huur gaat voor … [Read more...]
Keeping pedestrians off private property
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...]
Habitatio right hinders sale
This week, the Property Poser panel contemplates the legal rights concerned with granting the use, or habitatio, of a property. A reader granted her pensioner father the right to stay in her house, a property separate from her residence, but now wishes to sell it in order to use the proceeds elsewhere. Her father is not willing to leave or seek alternative accommodation. The reader would … [Read more...]
Getting a handle on access rights
This week our panel of experts examines the issue of a reader's right of access to his property via a so-called "panhandle". He says the vacant stand adjacent to his property was recently sold and the new owners also have access to their property via the same panhandle. The reader would like to know whether he could cut back the trees and vegetation along his driveway and erect a wall … [Read more...]
Deviation from plans and blocked view bother neighbour
When renovations to her neighbour’s property neared completion some two years ago, our reader noticed that the neighbour was deviating slightly from the approved plans. This included a swimming pool that was placed too close to the boundary. There were also vertical extensions to the existing boundary wall. She did not object at the time as the deviations did not really affect them. The … [Read more...]
What to do when a property’s size is misinterpreted
A reader has written to our panel of experts about a recently acquired property that has turned out to be nearly one-third smaller than she thought she had bought. While making plans to extend the patio and put in a pool in the front garden, the reader and a builder compared the area to the municipal plans. To their dismay, they found that the front fence is on municipal land and the front … [Read more...]
