Purchasing a property from a deceased estate is often fraught with problems. The question before the panel this week relates to a transfer that appears to have hit a dead end. Some time ago, a reader signed an offer to purchase on a property that formed part of a deceased estate. The previous owner had passed away two years before and the deceased's sister appeared to be dealing with the property. The reader explains that the sister was in fact the beneficiary of the property, but decided … [Read more...] about Dead end in Estate Transfer
chas everitt
Paving the way for common problems
Our panel is often asked to deal with a variety of issues relating to sectional title complexes, from problems between neighbours to maintenance of the common property. This week's reader question is a classic example of the latter. The reader explains that he has owned and lived in his unit for some time. Approximately two years ago, he approached the trustees of the complex about paving a dusty and unusable area adjacent to his unit. He was well aware that the area formed part of the … [Read more...] about Paving the way for common problems
Rights and Responsibilities – Landlords, Leases and Liabilities
This week our panel once again sheds light on the rights and responsibilities in the landlord-tenant relationship. A reader explains that she moved into a flat and was required to pay a deposit of R2 000 into the landlord's account. Some time later, she gave notice and subsequently vacated the flat. Upon leaving, the reader was advised by the landlord that her satellite dish was not to be removed. He also informed her that he would use R500 of her deposit for repairs and painting. The … [Read more...] about Rights and Responsibilities – Landlords, Leases and Liabilities
Steamed up Over Burst Geyser Cover
It appears that issues relating to geyser replacement in a sectional title scheme have got more than one reader steamed up. The typical scenario presented to our experts seems to be that there is insurance in place to cover the replacement of a burst geyser. However, the sectional title owner is then held responsible for the excess payable and/or any amount not covered by the policy. One reader in particular feels that, in her instance, the scheme was underinsured for the cost of her … [Read more...] about Steamed up Over Burst Geyser Cover
Parental use and abuse
This week our experts help a reader sort out a rather complex and emotional legal problem involving her parents and their right of use on part of her property. The reader's situation did not begin as a usufruct-related issue. She had initially invited her parents to come and live on her property and build a cottage there. After the building was completed, her parents suggested that they enter into a usufruct arrangement to protect their rights to the property and/or their dwelling. The … [Read more...] about Parental use and abuse
Of Moral, Latent and Patent Defects
This week, our panel deals with a question from a reader grappling with the issue of moral defects versus latent and patent ones. The reader is currently renting a property, which is on the market and has been viewed by several potential buyers. When questioned by the viewers about possible issues or faults relating to the property, he has responded truthfully. Unfortunately, it appears that there are structural defects, which have caused the walls and tiles to crack. The reader’s … [Read more...] about Of Moral, Latent and Patent Defects
Property Purchase up in Heir
This week our panel helps a reader who is uncertain about what the heirs can do with a property that forms part of a deceased estate. The reader explains that she is currently living in a property that belonged to a deceased family member and she now wishes to make an offer to purchase on it. She does not mention how long ago the family member passed away but it appears that the transfer from the estate to the ultimate beneficiary has not yet taken place. The matter is further complicated by … [Read more...] about Property Purchase up in Heir
Tenant Powerless Over Unpaid Bills
A reader has approached our panel about a rental situation that has, quite literally, left her powerless. She writes that she has been renting a property for the last year or so. After a few months, the owner appointed an agent to handle rental matters, including the payment of municipal accounts. The reader dutifully began making her monthly payments via the agent. Unfortunately, it now appears that the municipality has cut off the electricity supply due to arrear utility payments. She … [Read more...] about Tenant Powerless Over Unpaid Bills
Two Levies, Too Late
In a reversal of stereotypical roles, a reader "interferes" on behalf of his mother-in-law and interrogates our panel about a belated levy payment. The lady in question lives in a sectional title complex and some time ago had the balcony of her unit enclosed. Now - a full 15 years later - the management company has ruled that an additional levy is payable on this alteration. Understandably, the reader is upset over this decision as no mention of an extra levy had been made prior to … [Read more...] about Two Levies, Too Late
House Divided
This week our experts deal with a sticky situation involving the joint ownership of a property - proving that a problem shared is not always a problem halved. A reader writes that his mother passed away some 30 years ago, leaving her fixed property to be shared equally between him and his brother. He says that his brother never once used the property, whereas the reader used it as a holiday home. It appears that no agreement was ever reached between the brothers concerning the payment … [Read more...] about House Divided
Time out for Transfer
This week our experts shed light on the transfer process and how long it typically should take. A reader made an offer to purchase a property - subject to obtaining a bond to finance it and selling her existing property within three months. However, the property that she purchased is one of two houses on a piece of land that was to be subdivided into various stands for a cluster housing development. The Section 21 company, which will form the basis of the homeowners' association, has … [Read more...] about Time out for Transfer
Letting Agent go
The question posed to our panel this week revolves around estate agents managing rental contracts. The reader would like to know whether he, as lessor, may terminate a tenant's contract and then continue with the same tenant under a new lease agreement that excludes the agent. He was told by the letting agent that only the tenant may terminate the lease agreement. Also, if the tenant and landlord were to conclude a new contract excluding the agent, the agent would still be entitled to his … [Read more...] about Letting Agent go
Married With Property
www.MyPE.co.za: This week our panel of experts examines questions from two different readers relating to how the ownership of property is affected by a marriage regime. The first question comes from a reader who acquired a property before she got married in community of property. A further bond was registered in both their names after the wedding. The couple is now divorcing and the reader wants to know whether her spouse can lay claim to the property. The second question is posed by a … [Read more...] about Married With Property
Property ‘acquired’ by twisted sister
www.MyPE.co.za: A reader sketches a situation whereby her sister applied for a bond 20 years ago in order to assist their parents with renovations to their property. The bank would not consent to such a bond unless the property was registered in the sister's name. When the reader's father passed away recently and the sister moved into the property to live with her mother, the issue arose again. She produced a document purporting to comprise a transfer and indicating that she bought the … [Read more...] about Property ‘acquired’ by twisted sister
Freedom (with) rules
www.MyPE.co.za: Our panel has received an e-mail from a reader who has recently moved into a freehold complex where the "house rules" are somewhat of a grey area. She finds no reference to a Homeowners' Association in the Deed of Sale and says she has no access to the property's title deed. Charlotte Vermaak from Chas Everitt Port Elizabeth says a Homeowners' Association is often imposed by the municipality upon a developer as a requirement for the land to be zoned and partitioned in a … [Read more...] about Freedom (with) rules
