The distinction between the two concepts is as follows : A notarial tie of two or more properties is an agreement concluded with a third party, typically a local authority, not to dispose of any of the properties that are the subject of the agreement without that third party’s consent. The agreement is signed by
NOTARIAL TIES AND THE CONSOLIDATION OF PROPERTIES Read More »
A sectional title scheme has two components: sections and common property. Sections are owned by one or more persons. Common property is that part of a scheme that does not consist of sections but is owned by all the owners of the sections in undivided shares determined in accordance with each owner’s participation quota. Common
MAINTENANCE OF EXCLUSIVE USE AREAS IN A SECTIONAL TITLE SCHEME Read More »
SIGNATURE OF DOCUMENTS Despite the increasing popularity of electronic signatures, certain documents still require signatures in the old-fashioned way (ie by wet ink) to ensure their compliance with the relevant statutory law. These are: 1. Agreements for the disposal of land (The Alienation of Land Act, 1981) 2. Wills (The Wills Act, 1953) 3. Cheques(!),
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
CANCELLATION OF A LEASE BY A TENANT Read More »
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
SECTIONAL TITLE DEVELOPERS BEWARE Read More »
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
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
THE PURCHASE OF A PROPERTY FROM A DECEASED ESTATE Read More »
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
ENCROACHMENTS: REMEDIES Read More »
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
DAMAGE TO THE INTERIOR OF SECTIONAL TITLE UNITS : WHO IS LIABLE? Read More »
