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Trustees and agent mismanage sectional title complex

Property Section - Property Articles

  A reader has asked the Property Poser experts to assist with a matter involving an uncooperative managing agent who was appointed by the trustees to oversee the sectional title complex in which she resides.  The resident explains that the complex is riddled with issues that seem to be the result of poor maintenance, inadequate waterproofing and poor drainage.

By Grant Hill and Schalk van der Merwe Read Article

 

Monthly versus pro rata rental

Property Section - Property Articles

  This week the Property Poser panel handles a question of a more technical and specific nature regarding the calculation of rental due.  It would seem that in this case the rental is calculated on an annual basis and a single amount is payable for the entire year.  For some reason, the reader wishes to make a pro rata rental calculation for the month of February – the shortest month of the year – only.

By Grant Hill and Schalk van der Merwe Read Article

Tenant loses lease and garden

Property Section - Property Articles

 

The Property Poser panel has been approached by a tenant

who has not only lost her long-term lease but also the garden and braai area she set about establishing at her own cost. The reader explains that she rented a dwelling with the understanding that she was to remain there for a number of years. The lease was drawn up for a single year but the tenant was assured that this was standard procedure and that it would merely be renewed year on year.

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Neighbours impinge on enjoyment of property

Property Section - Property Articles

  A reader has approached the Property Poser experts regarding multiple issues he has with various neighbours, ranging from overhanging trees to mudflows causing havoc.  He writes that his neighbour’s trees drop long pine needles into his garden, which block the gutters and downpipes, while the trees’ roots have also lifted up and cracked the concrete driveway.  To add to his woes, his property has been on the receiving end of mudflows from a building site across the road.

By Grant Hill and Schalk van der Merwe Read Article

Long-term tenant told to vacate

Property Section - Property Articles

  A reader who has rented the same property for the past nine years has approached the Property Poser panel for help after receiving a written notice to vacate.  He explains that he contacted the owner to try and negotiate a longer stay as he was nearly in a financial position to purchase another property and would have liked to stay on until he could purchase elsewhere.

By Grant Hill and Schalk van der Merwe Read Article

Family disrupts farm usufruct

Property Section - Property Articles

  This week the Property Poser experts clear up a somewhat odd situation involving a family dispute about a usufruct over a farm. The reader explains that he originally owned the farm, which he sold to his father some years ago on the understanding that he, the reader, would have a usufruct over the dwellings.

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Landlord lacks interest in deposit

Property Section - Property Articles

  A tenant has approached the Property Poser panel with an oft-repeated complaint about a landlord who has dealt improperly with his deposit. The reader explains that he gave verbal notice to his landlord that he would be vacating the property, which the landlord duly accepted. An inspection of the property followed but, when it came to returning the deposit, it turned out that the landlord had never deposited it in an interest-bearing account for the tenant’s benefit.

By Grant Hill and Schalk van der Merwe Read Article

Non-residents and property taxes

Property Section - Property Articles

  The Property Poser experts were recently asked for their guidance on the tax benefits of becoming a non-resident in the eyes of the South African Revenue Service.  A reader explains that she owns a property that, until now, has been her primary  residence. She does not however mention what will happen to the property when she leaves the country – whether it will be rented out or not.

By Grant Hill and Schalk van der Merwe Read Article

Usufruct may foil farm purchase

Property Section - Property Articles

  A reader who is contemplating purchasing a farm has approached the Property Poser panel. Wisely, he has done a little homework and requested a copy of the title deeds to determine whether they contain anything that might be prejudicial to him should he proceed with his intended purchase.

By Grant Hill and Schalk van der Merwe Read Article

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