After purchasing a plot in 2015, a reader recently discovered that the developer had sold the same plot to a second purchaser and she would like to know her rights in this situation. … [Read more...]
Search Results for: Developer
Owner’s options after developer sells plot twice
I purchased a plot of land in 2015, but recently discovered that the developer had sold the same plot to a second purchaser. Compounding the situation is that the other purchaser has built a house on the plot. Please can you advise me of my rights in this situation? Thank you, Bewildered Buyer See what the experts have to say. … [Read more...]
Developer could be held liable for poor work
Our reader, who has taken ownership of a property bought off plan only months ago, is experiencing a problem with damp. … [Read more...]
Buying property directly from a developer
Our panel of experts has received a query from a reader who has recently bought a property directly from the developer. The reader says when signing the transfer document, he realised that the developer had charged estate agent fees. The developer explained that he gave a sole mandate to an estate agent and was bound to pay the fee, regardless of whether a buyer bought directly from him or … [Read more...]
House encroaching on municipal land causes headaches
A reader is caught in a situation where a portion of her house encroaches on property owned by the local municipality. … [Read more...]
Whose responsibility is encroaching property?
After buying a plot, I would like to know who is responsible for the problem that part of the dwelling which was constructed encroaches on property owned by the local municipality. The plot was purchased from a developer, who contracted a builder to construct the house. Soon after taking occupation, I received a letter advising me of the situation that a portion of the building encroached … [Read more...]
Recourse when neighbour’s builders damage my property
While a development was being undertaken on a neighbouring property, the builders caused some damage to my property. I contacted the developer who said that it was not his problem and that the builder was responsible. I don't know the builders and, in my opinion, they work for the developer, which makes him responsible for the damage. Could you advise me how I can resolve this … [Read more...]
Who is liable when neighbour’s builders damage my plot?
A reader says his property was damaged by builders working for a developer on his neighbour's plot and he wants to know who is liable for the cost to repair the problem. … [Read more...]
Daughter can inherit property subject to accepting HOA rules
A reader who has bought a property in a development has been told that she will need consent from the homeowners' association (HOA) to bequeath it to her daughter and would like to know if this is correct. … [Read more...]
Accommodation options for retirees
A reader is approaching retirement and would like to consider his accommodation options as his current dwelling is too large to maintain. … [Read more...]
Clearance certificate essential to property transfer
A reader is trying to obtain a levy clearance certificate for a flat belonging to his late aunt but wants to know who to contact after the body corporate apparently ceased to operate. … [Read more...]
Options if neighbourhood value is threatened by block of flats
After demolishing some residential houses, a developer's intention is to build a block of flats in our neighbourhood. I and my neighbours are concerned that this will have a detrimental effect on the value of our properties as there will be additional traffic and in increase in noise levels. As the neighbourhood is well established and has a certain look and feel, the addition of an … [Read more...]
Freehold property alterations must be cleared by HOA
A reader who wants to make alterations to his freehold property, which is subject to the authority of a Home Owners' Association (HOA), is looking for clarity regarding his rights. … [Read more...]
Dos and don’ts of demolishing a house
A reader who is intent on demolishing the house on his property has asked the YourProperty expert for guidance on the procedures, permits and applicable rules. He explains that he intends to use the levelled site to build a new house and is in the planning stages of the process. The reader says he has also been approached by a developer who is interested in purchasing the property, knocking … [Read more...]
Legal requirements to follow to demolish property
Dear YourProperty I am looking into demolishing the house on our property as it is fairly old and rebuilding a newer abode, which I am in the process of planning. I have also been approached by a developer who has expressed interest in buying the property, knocking down the house and building a new one on spec. I'm not sure if the building is a heritage property but I would like to know … [Read more...]
What rights owners have in an HOA NPC
Dear Troubled Trio This is all to do with the new Companies Act and really should be handled by an attorney who has experience with that Act. I would however suggest that if each owner is a shareholder, then the ratification of any changes should be used to limit the privileges of the directors of the company. Again it shows that people are buying into complexes – in this case an HOA – … [Read more...]
The situation regarding levy stabilization fund in retirement village
When a retirement village is owned as a sectional title scheme it is run as such - the rules would have been changed by the developer to reflect the character of the complex. Nonetheless it is a sectional title scheme and the normal basic rules apply, i.e. audited annual report, AGM, payment of levies etc. Anyone who for any reason does not pay their levies or is in breach of the rules has … [Read more...]
Ask The Landlord
Q&A: If you have any questions relating to sectional title ownership or renting, or property management, complete the form below to ask The Landlord for some practical advice. Alternatively, contact our experts. The Landlord, aka Mike Spencer, has been in property since 1975 and is well known around South Africa. He is the author of The Landlord and The Commercial Landlord monthly … [Read more...]
