A reader who owns a property which is subject to a right-of-way servitude wants to know if he is allowed to have use of that driveway. … [Read more...]
Search Results for: Servitude
Can I use driveway that leads to servitude?
I own a property which is subject to a right-of-way servitude and I would like to know if I can also have use of the driveway in question. It allows my neighbour to reach his property and is accessed by a remote gate on the street that is controlled by him. I do not use the driveway to enter my property and I realise that I cannot restrict access for my neighbour. But as the access road … [Read more...]
Servitude
A servitude is a registered right that grants someone the use and enjoyment of another person’s property or a specified portion thereof. A common example would be a panhandle property, where an owner can only access his or her property via a neighbour’s driveway. … [Read more...]
Implications of renting property with an option to purchase
To help her parents settle their bond, a reader wants to know what it will entail if she and her husband rent the property from them, with an option to purchase when they can afford to do so. … [Read more...]
How intestate estate affects siblings’ property rights
A reader wants to know if her brother's rights will be protected in a dwelling where he lives which is to be transferred into a third sibling's name. … [Read more...]
Transferring property to child without consulting siblings
A reader wants to know if a fixed property can be transferred from a parent to a child without that parent consulting the child's siblings. … [Read more...]
Aspects to consider in private sale of property
A reader who has privately listed her property for sale would like to know the process to be followed should someone express an interest in purchasing it. … [Read more...]
Usufruct holder wants owner to vacate property
After having his mother's property transferred to him and a usufruct created for her, a reader wants to know whether she can demand that he vacate the dwelling given that he is the registered owner according to the title deed. … [Read more...]
Validity of a verbal usufruct questioned
A reader who bought a farm for less than its market value wants to know what her options are to remove the seller, who says he has a right to remain because of a verbal usufruct. … [Read more...]
Difference between a usufruct and lease
A reader wants to know what the difference is between a usufruct and a lease development agreement, as well as what the positives and negatives are in respect of each concept. … [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...]
Owner’s right to view usufructuary’s lease with tenant
A reader's mother has sold her house to her step-daughter with an agreement that she retains the right of usufruct over the property. … [Read more...]
Panhandle property has potential to cause a problem
A reader whose property allows access to a property at the rear via a panhandle is having a problem with that owner, who has removed her signage and house number and replaced them with his own. … [Read more...]
How to determine the value of a usufruct
A reader who holds a usufruct over a townhouse, which is registered in her stepdaughters' names, wants to know how she can determine the usufruct's value. … [Read more...]
What is a usufruct worth?
I am 68 years old and have a lifetime usufruct over the freestanding and bond-free townhouse in which I reside. The property is registered in the names of my two stepdaughters. We want to sell the townhouse, which is valued at R2.75-million, and to equitably distribute the proceeds from the sale. Can you tell me if my usufruct has a value and how that can be determined? Thank … [Read more...]
Title deed restrictions – what to do
A reader has restrictive conditions on his title deed and wants to know what can be done about the situation. … [Read more...]
Usufruct holder: How does he exercise his rights?
Having recently discovered that he owns a usufruct over a property, the holder's son wants to know how his father can exercise his rights. … [Read more...]
Usufruct: rights and obligations
A reader approached our property experts about the way a usufruct operates, especially concerning the rights and obligations of the person using the property. … [Read more...]
