271. 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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272. Remedies in case of a breach of Contract

What remedies does a party to a deed of sale have if the other party fails to fulfil his or her contractual obligations?  The first step to be taken under such circumstances is to consider the wording of the clause in the deed of sale...

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273. Rezoning or Subdividing Your Property.

You need to apply to the local authority to re-zone or subdivide a property. Your application can take anything from 6 to 4 Years to be approved or declined. The documentation required is very involved and expensive, it is advisable to seek...

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274. Suspensive Conditions

Most sales of immovable property are concluded subject to one or more suspensive conditions. One of the legal definitions of a suspensive condition is that it is a condition which suspends the operation or effect of one or more of the...

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275. WHAT IS THE COMMON PROPERTY and EXCLUSIVE USE AREAS?

WHAT IS THE COMMON PROPERTY?  This comprises the areas which are utilized by all owners, e.g. the grounds, driveways, roads, recreation facilities, corridors, entrance areas and exterior of the building i.e. whatever does not constitute...

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276. What happens at the deeds office?

What happens at the deeds office? The conveyancer will lodge the title deed and other documents that he has prepared in the deeds office for registration. The deeds office is a government registry of ownership in all fixed property and other rights...

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277. Buying a property on Installment Sale

Selling property in the current market can prove to be frustrating. Many property sales are collapsing because the potential buyer is unable to obtain the necessary bond to cover the purchase price. In fact, as many as 50% of all bond...

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278. What is a Servitude?

A 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 persons property, which would not normally be allowed. An example is the right of way to...

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279. Understanding a Usufruct.

A Usufruct is a legal institution in which someone, who is not the owner, is given the right to use and enjoy the profits and advantages of something belonging to another as long as the property is not damaged or altered in any way, for a...

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280. Latent and patent defects and the voetstoots clause

What is the effect of a voetstoots clause in a Sale Contract on the discovery of undisclosed defects by the buyer on taking occupation of a property? When you buy something, there is an implied warrantee that the thing sold is free from any...

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