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 »
As we become immersed in the digital age, so electronic communication in various forms has become a way of life.However, despite the speed of technological change and the extent to which we use technology, certain restrictions do present themselves. A case in point is the signature of certain types of legal documents. While the average
Electronic Signatures in Legal Agreements Read More »
It often happens that an owner wants to increase the size of their apartment or home by adding extra space. This could be done by either creating a patio or extending an existing room or similar. Also possible is the erection of a free standing building on common property linked to the section in question.
Sectional Titles Act: Know the law before extending your home Read More »
All agreements, whether verbal or reduced to writing, have terms and conditions. The meaning and effect of the two concepts are however very often confused. The terms of an agreement are the undertakings the parties give to each other to make up their agreement. To use an agreement for the sale of land as an
TERMS AND CONDITIONS IN AGREEMENTS Read More »
Every person has a home for legal purposes . It is the country whose governmental authority that person heeds, where he pays his taxes, where he derives state benefits etc. This is known as his country of domicile. The term “domicile is derived from the Latin term “domicilium” which in turn comes from “domum colere”,
THE MEANING OF DOMICILE Read More »
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 »
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
OCCUPANCY CERTIFICATES Read More »
“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
ANTENUPTIAL CONTRACTS 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 »
