11. Exclusive Use Area

Most people who own property in sectional title schemes are familiar with the term "exclusive use area". However, a fair amount of confusion seems to exist regarding the exact nature of exclusive use areas. This is not surprising as there are...

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12. MAINTENANCE OF SECTIONAL TITLE SCHEMES

  I have been asked quite a few questions recently relating to the responsibility of owners and the body corporate to maintain their sections and the common property respectively in sectional title schemes. To understand this issue, one first...

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13. SECTIONAL TITLE SCHEME CONDUCT RULES

  Every sectional title scheme has rules which bind the body corporate and the owners and occupiers of all units in the scheme. There are two sets of rules, namely the management rules and the conduct rules. The management rules deal...

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14. Legal Implications and Ramnifications of signing a contract

  When disputes arise between sellers and purchasers of immovable property regarding the terms and conditions contained in the deed of sale I am often told by such persons that they didn't understand the legal implications and consequences of...

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15. REGISTERING PROPERTY IN THE NAME OF A TRUST

  It has become a fairly popular practice (especially amongst affluent people) to register property in the name of a legal entity such as a close corporation, company or trust rather than in their personal names. A trust is a popular choice,...

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16. REGISTERING PROPERTY IN THE NAME OF A MINOR

I am quite often asked for advice on the advisability of registering property in the name of minors (unmarried persons under the age of 18).  Parents sometimes wish to invest in property and register the property in their minor child's...

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17. DISPUTES ABOUT LEVIES

  A number of owners of sectional title units have asked me whether they are entitled to withhold the payment of levies if they are dissatisfied with the manner in which the trustees appointed by the body corporate are managing the scheme or...

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18. Taxes on the Transfer of Property

When residential land, or an interest therein is sold or transferred, either VAT or transfer duty is payable on the transaction. The issue of what "tax" is payable when a "property transaction" takes place, has become quite a complicated...

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19. CAPITAL GAINS TAX (CGT)

    A In the letter the reader enquired whether it was necessary for the "ordinary houseowner" to have his or her property valued for CAPITAL GAINS TAX purposes. This question pertains to a very important exemption which applies in...

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20. Different Legal Entities Property Can Be Registered In

Immovable property may be registered in the name of natural persons or in the name of a legal entity such as a trust, CC or company. Clients who intend purchasing a residential property which is to be their primary residence (permanent home)...

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