Articles in Category: Property Law South Africa

Property Law South Africa


Harassment of your neigbors in a Sectional Title Scheme may end you up in jail or out of pocket.

The Court comes to the rescue of harrased neigbors.

Louwrens Koen Attorneys  represented the Body Corporate Applicant.

The owner of a sectional title unit harassed the board of 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 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”.

Before signature of an Offer to Purchase the purchaser should verify the following:

Never be pressurised into signing a contract.

  • Zoning and allowed usage of the property.
  • Valuation of the property.
  • Restrictive or onerous conditions on the property.
  • 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 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..

 

Before signature of an Offer to Purchase the purchaser should verify the following: