Louwrens Koen Attorneys  represented the Body Corporate Applicant.

The owner of a A development made up of sections, whereby all section owners are members of a Body Corporate. Each section owner is responsible for their own section. Afrikaans - Deursnee Titel

">sectional title unit harassed the board of A person appointed to manage the affairs and assets of a trust. In terms of sectional title, the trustees attend to the day-to-day running of the scheme, which includes the collection of levies and the employment and management of staff.

">trustees in his complex to such an extent that they obtained a court order prohibiting him from raising complaints, objections and the like with the trustees in any way other than through written communication to the secretary of the body corporate.

Undeterred, he breached this order on at least 3 occasions, threatening for example to remove the trustees’ roof tiles (so that, he said, they could feel what it feels like to live in a unit with roof leaks), and aggressively objecting to the way a trustee was painting some plant pots. It couldn’t have helped his case that the female trustees on the board seem to have borne the brunt of these attacks, and to have felt physically intimidated on at least one occasion – as evidenced in the quoted evidence above.

Holding the owner to be clearly in contempt of the original court order, the Court sentenced him to 6 months’ imprisonment.  It suspended this sentence for 5 years on A clause that renders the operation and consequences of the contract as a whole dependent on an uncertain future event. A suspensive condition suspends the operation of the contract for a period of time, subject to the occurrence of a future event, and only if and when the condition has been fulfilled will an enforceable contract exist. In the case where a resolutive condition is stipulated, the contract is immediately binding and will remain binding unless the condition is not fulfilled. Afrikaans - Toestand

">condition that the owner “does not harass or contact any member of the Board of Trustees personally, but must address all communication regarding complaints, grievances, proposals or commentary to the secretary of the applicant in writing”.

Most property practitioners know the legal maxim that one may not take the law into one’s own hands. But how does this work practically? If a A person who occupies a property, but does not own it and pays rent in return. Afrikaans - Huurder

">tenant breaches the provisions of the lease and a subsequent acknowledgment of debt, can the The person who lets out a property to someone else. Afrikaans - Verhuurder

">landlord lock the gate giving access to the premises as the tenant’s The date when the buyer is entitled to physically occupy the new property. Afrikaans - Beroep

">occupation was illegal? The judgment explains how the mandament van spolie, the action supporting the maxim, works in such a scenario.

• The purpose for which your property may be used, for example, residential or business as deemed by your local authority. Afrikaans - Sonering
  ">Zoning and allowed usage of the property.
• Valuation of the property.
• Restrictive or onerous conditions on the property.
• A contract whereby the landlord allows the tenant temporary use of a dwelling, in return for payment, known as rent. Afrikaans - Huurkontrak
  ">Lease agreements, duration and current rental income of the lease if applicable.
• A lease will have preference over the sale of the property.
• Current Levies, Special Levies, Taxes, Municipal Rates.
• Costs of acquiring and transferring the property.

Never be pressurized into signing an offer to purchase. Contact Louwrens Koen Attorneys to assist with finalisation of the A legally enforceable agreement, for example a lease or sale. Afrikaans - Kontrak

">contract, due diligence or friendly professional advice. Tel  0870010733 or This email address is being protected from spambots. You need JavaScript enabled to view it..

 

Buying or Selling a property is probably the most valuable and important financial decisions to make. Getting it wrong can end up costing a lot. You need quality steadfast experienced legal assistance to ensure the accurate and rapid processing of your transfer.

We commit ourselves to offering our clients professional service and we pride ourselves in providing personalised service, whether buyer or seller or agent.

 

We provide regular feedback on the progress of your transaction via short message service, email or via any communication medium or frequency of your choice. For further assistance please contact us on This email address is being protected from spambots. You need JavaScript enabled to view it. or pop in to discuss your specific needs.

Buying an empty stand that is subject to a obligatory clause to build within a certain time frame. . Be careful as the consequences of non compliance could be severe. This becomes especially tricky if you are the second purchaser of the empty stand. For further information and assistance with property related matters please contact us on This email address is being protected from spambots. You need JavaScript enabled to view it..
 

 

 

I frequently receive queries with regard to a tenant’s position where the leased premises is sold, mostly from tenants indicating that they were simply told to vacate before transfer.

A tenant is protected by the The law that automatically applies if the parties have not reached an agreement on a specific legal issue in the Offer to Purchase. The South African common law is the Roman Dutch Law. Afrikaans - Algemene wet

">common law ‘Lease goes before sale’ – where leased properties are sold before the lease expires, the tenant may remain in occupation of the premises until the lease expires.

">huur gaat voor koop’ rule. This means that the lease agreement will survive the sale, the new owner will become the landlord and the terms of the existing lease will stay in force until the lease terminates. The new owner will also be responsible to refund the Money you have readily available that you use as part of the payment on your new property. When renting property, a deposit is an amount that you pay upfront and is used as security in the event that you cause any damage to the property while renting it. Afrikaans - Deposito

">deposit less any claim for damages. A lease agreement may have a specific provision to the contrary and if you anticipate that you may sell property that you are putting up for rental, consider making provision for this.