This week the Property Poser experts address a reader's concern about preventing pedestrians from crossing her vacant seafront plot. The reader explains that she bought the land a decade ago and initially intended to build on it but has since decided to sell. The problem she faces is that the local residents, mostly fishermen, use a pathway across her land to access the beach, even though there is a public road a short distance away. The reader has checked the title deed and no … [Read more...] about How to Keep Pedestrians off Private Property
Property Poser
When 50-50 isn’t joint ownership
This week our Property Poser experts are again faced with an emotive issue involving siblings who jointly inherited a fixed property and cannot seem to agree on the day-to-day running of it. A reader writes that she not only inherited half the property but also lived there for a number of years - first with her mother, who owned the other half, and later, after her mother's passing, with her daughter. Unbeknown to her, her mother left her own half-share to the reader's two siblings and … [Read more...] about When 50-50 isn’t joint ownership
Home Owners Association making unilateral decisions
This week the Property Poser panel helps a reader whose Home Owners' Association (HOA) makes unilateral decisions affecting residents without achieving a quorum at meetings. Although the required number of members are never present, the reader says the HOA continues to make changes to the rules of her complex. This includes the building design and style of new homes being erected and, she says, there are even plans afoot to amend the constitution. An HOA is usually found in so-called … [Read more...] about Home Owners Association making unilateral decisions
How to Remedy a Lease Agreement Breach
This week, the Property Poser panel deals with a rental issue from a reader whose landlord sent her an SMS instructing her to vacate his property by the end of the month. She admits that, since her husband has been retrenched, they have been in arrears with the rental. The couple had offered to repay the amount in instalments or set up a debit order, but received no response. The reader would like to know whether they could give their landlord one month's notice or whether they should wait … [Read more...] about How to Remedy a Lease Agreement Breach
Neighbour oversteps the boundary
Whenever people live in close proximity to one another, it seems that possibilities for conflict abound. This week the Property Poser panel considers the contentious issue of neighbours overstepping their boundaries. A reader writes that her neighbour planted a hedge on her own side of a shared boundary wall but that, over time, the hedge grew and covered the whole wall, including the reader's portion. She says she did not have a problem with this because the original wall was quite low … [Read more...] about Neighbour oversteps the boundary
Tenant faces unreasonable utilities demands
This week the Property Poser panel addresses a problem from a reader who is renting a cottage on another person's property. She explains that she pays her rental in advance and her utilities in arrears and settles them jointly around the 27th, even though her lease stipulates that they are only due at the end of the month. Recently, her landlady obtained an up-to-date municipal account and insisted that the amount was payable by the 7th even though, in the normal course of events, the … [Read more...] about Tenant faces unreasonable utilities demands
Consumer Protection Act on Latent and Patent Property Defects
The Property Poser panel often receives queries relating to the discovery of defects during the course of a property sale or shortly thereafter. This week a buyer tells us that the transfer of his property is still in progress but substantial leaks in the roof have been discovered. When the reader reported it, the estate agent obtained quotations for the repairs and a claim was instituted with the relevant insurer. It has subsequently transpired that the insurer will not cover the claim … [Read more...] about Consumer Protection Act on Latent and Patent Property Defects
Complicated Family Living Arrangements
Verbal agreements between family members often create problematic situations with regard to living arrangements. A reader writes that, a few years ago, her son and his wife suggested that their double garage be converted into a flatlet for her and her partner. Part of this arrangement included that a new double garage be constructed on the property. The financing for these alterations was provided by the reader who raised a bond on another erf she owns. She also agreed to pay the monthly … [Read more...] about Complicated Family Living Arrangements
Trustees can be held personally liable for their actions
This week the Property Poser panel deals with a sticky situation relating to the trustees' responsibilities when it comes to repairs and maintenance in a sectional title complex. In this instance, the driveways of the complex had to be resurfaced with tar and a special levy was raised to cover the cost. The reader reports that the first section was very poorly done and it was not long before the tar started lifting and sticking to car tyres. In the end, only a small number of the driveways … [Read more...] about Trustees can be held personally liable for their actions
Vibacrete Wall Makes Neighbours Vibrate With Frustration
The Property Poser panel is often asked to deal with the sensitive issue of boundary walls between neighbours. This week one of our readers shares her distress over the state of the vibacrete wall that divides her property from her neighbours'. Some of the panels are broken or missing but the neighbours are not in a financial position to make any kind of repairs to the wall. The reader is concerned that if she builds a new wall, the neighbours will simply break down the existing one and … [Read more...] about Vibacrete Wall Makes Neighbours Vibrate With Frustration
Tenant’s Property Repair Claims Speak to Unjustifiable Enrichment
This week the Property Poser experts field a query from a reader who rents out her second property for a minimal monthly amount, provided that the tenant maintains it to a habitable standard. Despite the negligible rental, the reader says the tenant pays irregularly and has made changes to the property without her consent. The tenant is now claiming that the owner owes him money, based on the improvements made, and she would like to know what her remedies are. Since it appears that … [Read more...] about Tenant’s Property Repair Claims Speak to Unjustifiable Enrichment
Rental Arrears Eviction Advice
This week the Property Poser panel clarifies a situation in which a reader is being threatened with early eviction due to outstanding rental payments. The tenant is two months in arrears but has offered to repay the money in instalments. However, the landlord is not satisfied with his offer and has demanded, via the rental agency, that the reader vacate the property within seven days. He has also threatened to lock the tenant out of the property and chain up the gates. In addition, the … [Read more...] about Rental Arrears Eviction Advice
Choose Your Property Management Company Carefully
This week the Property Poser panel addresses a reader's issue with a property (mis)management company. He writes that he ended his homeowners' association's (HOA) mandate with the company, which was responsible for administration and accounting services. The HOA had become dissatisfied with the service provider and, despite efforts by the company to improve, the situation became untenable. The relationship was terminated in order to appoint a new property manager. Unfortunately, says … [Read more...] about Choose Your Property Management Company Carefully
Property Partnership Pitfalls
Co-ownership of property, or partnerships, is a cause of concern for many Property Poser readers. The situation before our panel this week involves two partners, one of whom lives on the property. The latter is also the one who makes the bond repayments. Our reader is however concerned that the resident partner is "abusing the bond", which places him as co-owner at risk. The resident partner is not willing to sell and neither party is in a position to buy the other out. It seems that … [Read more...] about Property Partnership Pitfalls
Right to Habitatio 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 like to know what her rights are in this regard. The right of habitatio is an exclusive personal … [Read more...] about Right to Habitatio Hinders Sale
