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Property Law
Legal advice and legal services related to all aspects of property law especially those related to offers to purchase/deeds of sale in respect of houses and immovable property, transfers, bonds etc.
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Lease Agreements: Landlord versus tenant: 2020.
I have received dozens of queries since the 26th March 2020 and the start of the official lockdown which relates to what the law has to say about certain aspects of Lease Agreements and the Corona Virus pandemic.
Keep in mind the type of ownership that one has in a sectional title scheme.
The rules and the law governing Sectional Title properties can sometimes be complicated.
This is a query that we received on Friday from a sectional title owner.
“Hugh, can you please help me with advice in this regard.
In the sectional title scheme where I live there is constant fighting and arguing about who may park where and who is responsible for the maintenance of these parking spaces. My question is: who decides which parts of the scheme will be allocated for parking bays, who may use them and who must maintain them?”
“Who’s in charge: the person with the right to live in a property or the property owner?
We sometimes get in interesting queries; something that is out of the ordinary.
Here is one such query we received a few days ago.
“What rights does a person with rights of habitation have over those who are the co-owners of a property? Where the person with habitation is also a co-owner. Two out of the five co-owners are living on the same property, while one party refuses to pay municipal bills. I will name Party one A, and Party two B. Only B is paying while A refuses to pay for anything. B does not want to lose the property for municipal debt. What law protects B in this case, where A, who doesn’t pay; can he be held accountable? I have read that one should set up an agreement, but if the agreement is written and the A then refuses to sign (hypothetical scenario), what then?”
Both sellers and Estate Agents should be made aware of this legal requirement.
Last week we received this inquiry.
“I am in the process of selling my house. I have a permanent gas oven in the house and the transferring attorney is now telling me that I need to get a gas compliance certificate for my gas oven. Is this necessary, and should the buyer not be responsible for this and the cost involved in getting one?”
What is expropriation? Part 1:
The definition of the verb “expropriate” is usually couched as follows: “To take possession of (property), especially for public use, thus divesting the title of the private owner eg the government expropriated the owners land for a road, electricity pylons or for a public recreational area. In plain words, it means “to take something from one person’s possession for another one’s use and benefit.”
What grounds do I need to cancel a sale?
What process must I follow?
Fixed term contracts, in certain circumstances, can now be lawfully terminated in terms of the Consumer Protection Act No 68 of 2008 (CPA.)
Prior to this Act; which came into effect on the 1st April 2011; the law of contract and the common law dealt exclusively with the issue of when, where and how fixed term agreements, including leases, expired or were renewed.
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