When freehold properties are designed as a unit, e.g., A complex of townhouses or enclosed neighbourhood or golf estate, they are sometimes bound together using a Home Owners Association, which may prescribe rules to the owners of these properties. The rules relate to the appearance of the buildings and use of the communal areas. A common feature of these associations is that property may not be sold or transferred without the consent of the Association.
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Servitude is a registered right that a person has over the immovable property of another. It allows the holder of the servitude to do something with the other person property, which would not normally be allowed. An example is the right of way to travel over a section of the other persons property to reach your own property.
How do you know whether there is a servitude registered over property?
If you were to examine the title deed, you would be able to ascertain whether there is a servitude registered over the property. If you are unsure, ask your conveyancing Attorney to assist you.
A Title Deed is documentary proof of ownership in terms of the Deeds Registries Act 47 of 1937. Each property has its own separate Title Deed. It is an important document containing all the details pertaining to a particular property.
These details are:
- The name of the existing owner as well as the previous owners.
- A detailed property description which includes size.
- The purchase price of the property paid by the existing owner.
- Conditions applicable to the zoning, use and sale of the land.
- All real rights registered in respect of the property.
All standard deeds of sale or offers to purchase used by estate agents contain spaces for completion relating for example to the purchase price, the date of occupation, the Occupational rental payable, etc.
Often disputes arise from allegations of alteration after signature by both parties. Or the contract was signed incomplete. Often this does not reflect the correct agreement reached between the parties.
It is important to complete the contract before signature by the parties. Fill in or cross out and initial any open spaces. Include all guarantees or assurances in the written agreement. It is no use stating afterward that any parties made assurances or gave guarantees. Always get it in writing.
Each party should make a copy of the contract immediately after signing it and then keep this copy in their possession. Once signed the parties should make copies as proof of the specific terms and conditions of the contract.
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