Understanding the circumstances under which a lease can be terminated is crucial for landlords and tenants. Whether the lease is for a fixed term or month-to-month, various factors come into play when considering early termination. A tenant may cancel a lease in the following situations: 1. If the lease is for a fixed term and […]
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The Sectional Titles Act of 1986 has very stringent provisions relating to the rights of certain tenants, which affect the developer’s application for the approval of his/her sectional plans and the sales of specific units. DEVELOPERS APPLICATIONIf a developer intends to open a sectional title register in respect of a building which has, either wholly
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It is a common commercial practice to secure the settlement of a debtor’s indebtedness to his creditor; assets belonging to the debtor are mortgaged as security. There are two types of mortgage available in our law : Mortgages of immovable property, i.e. land Mortgages of movable property, i.e. physical assets, incorporeals, intangible assets. In short,
The term “servitude” is often used in the context of the ownership of immovable property i.e. land.But what is a servitude? In its broadest sense, a servitude is the right to use your land or a portion of it for a particular purpose. Servitudes are typically either personal or praedial. A PERSONAL SERVITUDE, as the
You’ve just built your home on a hill overlooking a valley that has a stream running through it. You have a beautiful view of the valley and the stream in particular from the patio of your house. Paradise on earth. One day while relaxing on your patio you see evidence of building construction work lower
An agreement for the purchase of a property from a deceased estate cannot be concluded unless and until an estate representative has been appointed. The representative in this context is the executor who is usually nominated in the deceased’s will to act as such. Once a deceased estate has been reported to the Master of
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In the context of property developments and sales the term “occupancy certificate” is often referred to. The applicable law is the National Building Regulations and Building Standards Act 103 /1977 What is an occupancy certificate (also known as a certificate of occupancy or a use certificate )? Before a building on a property may be
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“Prenup” is a term often used in movies and the American media. It is an abbreviation of the phrase” pre-nuptial agreement”. It is a reference to an agreement we know as an antenuptial contract, commonly referred to as an ANC, being an agreement entered into between two people who are about to get married, regulating
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A problem that often occurs with neighbouring properties is that of encroachment. By definition, an encroachment is very seldom if ever a deliberate intrusion onto the land or property of another. It may however arise because of negligence on the part of the encroaching owner. Encroachments can be divided into the following categories : (a)overhanging
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The inescapable reality of property ownership is that damage to it can and does occur. Who is liable when that occurs? In the case of freehold property i.e. homes that are not part of a sectional title development, the answer is straightforward. The owner is responsible for the maintenance and upkeep of the entire structure
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