This week, the Property Poser expert addresses the growing trend of cohabitation and legal steps to consider when contemplating a move. A reader writes that she currently has a property of her own but intends renting it out for the foreseeable future, as she will be moving in with her boyfriend. The couple has decided that they would like to live together before thinking of marriage. She … [Read more...]
Search Results for: Habitatio
What legal steps should be considered when contemplating cohabitation?
Hello Property Poser, My boyfriend and I have decided to live together. I already own a property, but because of our decision I am thinking of renting it out for the foreseeable future. What measures should we take with both properties? Kind regards, Uncertain Reader Read what the experts have to say here. … [Read more...]
Habitation rights and property ownership
A reader who is married out of community of property, excluding the accrual system, has approached the Property Poser experts regarding her rights on a jointly owned sectional title unit. She explains that she and her husband both have children from previous marriages. In terms of their wills, the surviving spouse will receive usufruct on the deceased’s half-share of the property, while the … [Read more...]
Habitatio right hinders sale
This week, the Property Poser panel contemplates the legal rights concerned with granting the use, or habitatio, of a property. A reader granted her pensioner father the right to stay in her house, a property separate from her residence, but now wishes to sell it in order to use the proceeds elsewhere. Her father is not willing to leave or seek alternative accommodation. The reader would … [Read more...]
Remedying building defects after occupation
After employing a builder to construct his new home, a reader wants to know what options are available to him to remedy some serious defects which became apparent after he took occupation. … [Read more...]
Usufructuary’s rights over fixed property
The rights of a usufructuary and the sale of a property over which a usufruct is registered take centre stage this week. … [Read more...]
Restrictions on erection of Wendy Houses
A reader who wishes to buy a Wendy House wants to know what the maximum size is she can purchase before having to comply with any legislative requirements. … [Read more...]
Tenant challenges landlord over faulty geyser
A tenant rented a flat but is unhappy with the state of the dwelling, in particular a faulty geyser, and wants to know what options she has to enforce the landlord to make it habitable. … [Read more...]
Inherited property: transfer and executor’s fees
A reader, who is left with his grandfather's property after all the named heirs have passed away, is asking about the transfer process and fees payable to the executor. … [Read more...]
Cancelling a usufruct and selling a property
A reader who would like to cancel a usufruct over a fixed property has asked the Property Poser panel for guidance. The reader explains that she provided her mother with a usufruct over the property but that she, the owner, has encountered financial difficulties and would now like to sell the property. The property is also subject to a mortgage bond and the reader has asked how she should go … [Read more...]
What must I do if I owe money on my property?
Hello Landlord, My wife and I own a property recently valued at over a million rand. We are both Sassa pensioners and times are getting tough. We owe a large amount on the property and we are looking for a usufruct or habitatio buyer who is able to wait a few years to take possession. I am in my 80s and my wife in her 70s. We have no biological offspring to whom we would want to cede the … [Read more...]
Water damages rental premises
A tenant has asked the Property Poser expert to wade through a difficult situation involving his rental property, which has been flooded twice. The reader explains that the second flooding was so bad that he had to call the fire brigade to pump out the water. He now wishes to know whether he has a claim against his landlord for damages to his furniture. Sean Radue of Radue Attorneys in Port … [Read more...]
Landlord washes hands of blocked drains
A reader has contacted the Property Poser experts about a blocked drainage system in her rented granny flat, which the landlord refuses to fix. The tenant writes that the problem has affected the water outlets, including the bath and basin, and the toilet. She used chemicals to try to remedy the problem. These helped a little but only for a short while, until the main house – which is also … [Read more...]
Tenant replaces broken oven – must the landlord pay?
The experts have received a query from a tenant regarding a broken oven in his rental property. … [Read more...]
Renting an uninhabitable property
The Property Poser experts have been approached by a reader who has been renting a property that seems unfit for habitation. The tenant has lived there for six months and encountered a number of problems. including a complete lack of built-in cupboards. He also reports that the front door and internal doors cannot close properly. A broken lounge window that was supposed to be replaced was … [Read more...]
Quick reference
Click one of these links for a quick solution to your problem. This page will be updated continuously. Annual General Meeting (AGM) Body corporate Chairman/Chairperson Commission Consumer Protection Act Co-ownership Deeds office Deposit Developer Divorce Drainage Eviction Fixture Fiduciary relationship Habitatio Homeowners Association (HOA) Huur gaat voor … [Read more...]
Buying life rights to retirement unit
A reader who owns a unit in a retirement village has questioned the Property Poser panel about the legalities surrounding the sale of life rights, specifically with regard to usus and habitatio. He is currently renting the unit out but an elderly couple has approached him with an offer to purchase the right of occupation. The reader says the husband and wife are both in their eighties … [Read more...]
Right of use is not unconditional
Our reader, who has inherited the right of use of an immovable property until her death and free of charge, wants to know exactly what this includes. She wants to know from our panel of experts whether maintenance work will also be for the estate’s account and if the use of services such as the telephone and DSTV are included. The trustees of the estate have disconnected the DSTV. Grant … [Read more...]
