This week the Property Poser panel helps a reader who is at his wits' end with noisy neighbours. He writes that the owner of the next-door property rents it out to eight students, who often hold loud parties until the early hours. He has had meetings with the owner, who has undertaken to do something about the noise. However, instead of improving the situation, it has worsened. The reader has contacted the police who have warned the tenants, but this remedy never lasts. He would like to … [Read more...] about Noisy neighbours nettle owner
Property Poser
Owners responsible for section repairs
This week the Property Poser panel deals with two similar questions regarding responsibility for maintenance in a sectional title complex. The first reader is having problems with water damage to built-in cupboards, caused by a leaking shower in the unit above. The body corporate referred the issue to the person living in that unit, but he is merely a tenant who has undertaken to contact the owner. In another matter, a reader complains about a badly neglected garden gate in one of the … [Read more...] about Owners responsible for section repairs
Boundaries drive owner up the wall
This week the Property Poser panel considers a boundary wall problem with a few twists. About seven years ago a reader purchased a unit in a complex. She explains that her property lies adjacent to the boundary wall enclosing the entire development and a small river runs just beyond that. For about five of the seven years she has lived there, the local municipality cleaned up the riverbanks and secured the area with sandbags whenever there were heavy rains. When the owners of the … [Read more...] about Boundaries drive owner up the wall
Suretyship makes CC members liable
This week the Property Poser panel deals with an issue where the defaulting tenant of a rental property is not a natural person but a close corporation (CC). The reader asks how a landlord can hold a tenant liable for a breach of contract when the tenant is a CC with only one member. In this instance, the contract has been cancelled and the tenant evicted. Unfortunately, no sureties were provided in terms of the rental agreement. As a result, the reader would like to know whether the … [Read more...] about Suretyship makes CC members liable
Levies Divide Homeowners Association Owners
This week, a reader confronts the Property Poser panel with a rather complex issue regarding levy payments in a freehold estate. He owns a property in such a development, which is managed by a homeowners' association (HOA). When the estate was developed, he says, it was decided that there would be 25 separate plots and that the levy would be shared equally among the owners. A few owners, however, purchased double plots and built only one property per combined erf. Effectively, the … [Read more...] about Levies Divide Homeowners Association Owners
Early cancellation leads to lease disagreement
This week's scenario presented to our Property Poser panel relates to the early cancellation of a lease by a landlady. The tenant recently received a call from the person in question, who requested that she vacate the property as soon as possible to accommodate her daughter who was unexpectedly returning from overseas. During the conversation the landlady, who realised that she was terminating the lease before the end of the term, offered to waive the last month's rental. The reader was … [Read more...] about Early cancellation leads to lease disagreement
Divorcee wants split from accrual system
This week Property Poser's panel considers the implications of being married out of community of property with the accrual system. A reader tells us that she is married in terms of this regime and that the split of the accrual is 25/75 in her husband's favour. It appears that one of the biggest assets in the estate is a property valued at approximately R3 million, registered in her husband's name. In the event of a divorce, she would like to know whether she could negotiate to keep the … [Read more...] about Divorcee wants split from accrual system
Trust no sleeping partner
This week a reader asks the panel's opinion on setting up a business as a company and whether it would be wise for a trust he is part of to own shares in it. The reader would also like to know what the tax implications of this structure might be. This is a reasonably complex issue with many aspects to consider, says Rian du Toit from DTS Attorneys in Port Elizabeth. "It's quite a common planning technique to run one's business in a company as opposed to a sole proprietorship, where … [Read more...] about Trust no sleeping partner
Executor of deceased estate a dead loss
This week the panel examines the role of the executor in a deceased estate following a query from an aggrieved beneficiary who considers one such incumbent a dead loss. The reader explains that a family member was appointed as executor but that she and fellow beneficiaries have been unhappy with his administration of the estate thus far. She would like to know whether he can be removed from his position and replaced. Furthermore, the reader would like to know whether she can insist on a … [Read more...] about Executor of deceased estate a dead loss
Close corporation divides family
This week, the panel deals with an interesting situation involving conflict over a holiday house owned by a family in a close corporation. The man, his wife and children are all members, but the husband has recently passed away. Unfortunately, his wife and one of their children took it upon themselves to go to the property, empty it out and arrange for a long-term tenant to take occupation. According to the reader, this was not agreed upon or consented to by the other members of the … [Read more...] about Close corporation divides family
Laying blame at owner’s door
This week our panel assists a reader who has been fined for alterations he made to his unit in a sectional title complex. Before starting these alterations he submitted the plans to the municipality and the trustees of the body corporate. The changes he wished to effect were not only aesthetic, but also had practical implications to prevent rainwater from flooding the interior. The building took two months to complete. About a month after completion he received a communication from the … [Read more...] about Laying blame at owner’s door
In suspense over sale conditions
Our panel often receives questions about suspensive conditions linked to property sales. These conditions affect not only the buyers and sellers but also the estate agent involved in the sale and, very often, third-party buyers and sellers who are waiting on fulfilment of a deal on which their own property transaction depends. This week we take a look at a set of facts presented by someone who appears to be a principal and is concerned about the actions of another agent within his … [Read more...] about In suspense over sale conditions
Splitting the marital bond
Regular readers of our column may be aware that the impact of a marital regime on property ownership is often a burning question. This is even more so, it appears, when creditors are laying claim to outstanding debts from either one or both of the joint owners. One such reader writes that he and his wife are married out of community of property, with the exclusion of the accrual system. They are however the joint owners of the home in which they live. Unfortunately, being pensioners, … [Read more...] about Splitting the marital bond
Buyers must know complex rules
This week our reader's letter deals with the management and conduct rules in a sectional title complex. He understands that, while these rules are absolutely necessary, prospective buyers do not always know what they are getting themselves into when buying in a complex. As a trustee of the body corporate in charge of the complex where he resides, he has devised a way to ensure that all parties concerned in the sale process are fully aware of the complex-related rules and facts. In his … [Read more...] about Buyers must know complex rules
Capital gains taxing on seller
This week the panel considers the tax and other financial implications of selling a property that is not your primary residence. The question comes from a reader who has been renting out such a property for a decade and now wishes to sell it. He has obtained a valuation but is uncertain as to what the costs will be on his side. The reader asks firstly about the tax situation and secondly about the recommended commission payable to an estate agent with a sole mandate to sell the … [Read more...] about Capital gains taxing on seller
