Realty 1 Stilbaai

11/05/2017

THOUGHT OF THE WEEK

EVERYTHING INCLUDING THE KITCHEN SINK?

-What is a fixture and what is not-

The golden rule of property law in South Africa is that everything built on or attached to the land, forms part of the land. The rule aims to protect land ownership and dates back to the Roman maxim superficies solo cedit, meaning what is on the surface yields to the land.

If a seller wishes to remove an item that is fixed to the property, for example a built-in cupboard or bar counter, then this must be stipulated in the agreement, to avoid any possible future misunderstanding.

Unfortunately, many agreements sell the property without any specific reference to fixtures.

Thus if parties are unsure, the following questions should be asked and the answers taken into account:
• Is the attachment of a permanent nature?
• Is it capable of being removed without causing damage?
• What was the intention of the seller when the fixture was attached?
It is critical to ensure that your sale agreements precisely detail every term and condition to which the parties are agreeing, and this must include fixtures and fittings.

Forward to a friend
View a printable version

Cape Town 021 406 9100 | Claremont 021 673 4700 | Fish Hoek 021 784 1580 | Blouberg 021 521 4000 |
Tyger Valley 021 943 3800 | Somerset Mall 021 850 6400 | Illovo 011 219 6200 | Bedfordview 011 453 0577 |
Centurion 012 001 1546 | Stellenbosch 021 001 1170 | Fourways 010 001 2632
www.stbb.co.za

10/08/2016

Co-ownership. Is it for life, or can I get out?
Posted on 07 July 2016

“I am a co-owner of a property together with a friend. For a number of years I have been trying to convince him that we should sell the property, but he keeps refusing. I just don’t see the value of keeping the property anymore. Is there any way I can force him to sell?”

A distinctive feature of co-ownership in property when compared to all other forms of co-ownership such as partnerships or associations is the fact that a co-owner may freely sell his share of the property without reference to the other co-owner. You can however only exercise this right if no prior agreement was concluded between you and your co-owner in which you both agreed on how the disposal of your share in the property should be handled. Choosing to exercise this right to sell your share can however strain the relationship as your co-owner may feel that he is being forced into a co-ownership with someone else he does not know or approve of.

The competing interests here are that you cannot force your co-owner to sell his share of the property if he does not want to and neither can your co-owner force you to remain a co-owner against your will.

The inexpensive and less time consuming option would be if you and your friend could agree that he buys your share at a market related price. The important fact here is that you and your friend should first try your utmost to resolve your dispute and settle the matter amicably before you decide to litigate, as our Courts will ask that you and your co-owner to present the steps that you have taken to resolve the issue.

If the above is not possible, our law allows you the right to approach the Court for partition of the property. Partition of the property essentially entails that the property itself will be split with the court dividing it physically amongst the co-owners in accordance with the value of the property and each co-owner’s share in it.

If the actual partition of the property is impracticable, the Court will have the freedom to decide on whatever other solution it sees fit, such as ordering that the property be sold by public auction and the proceeds thereof be shared between the co-owners according to your respective shares in the property. The Court can also for example order your co-owner to buy you out. The Court will therefore, with reference to the circumstances, make an order that is just and equitable for both you and your friend.

What is clear from your situation, that should you wish to enter into a co-ownership of property arrangement, you should obtain legal assistance to discuss the available structures and entities that will best suit your needs and have an agreement drafted which clearly spells out aspects like sale of the property and the respective rights and duties of you and your friend. This can help avoid many headaches and even litigation at a later stage.

This handy information was supplied by Miller Bosman Le Roux Attorneys in Somerset West - find them on the internet.

07/06/2016

THOUGHT OF THE WEEK

CHANGES TO A SECTIONAL TITLE UNIT

A unit in a sectional title scheme can be amended by subdivision, consolidation or extension thereof.

When consolidating or subdividing a section, the owner requires the consent of the trustees of the body corporate. The extension of a section requires a special resolution, meaning that 75% of the owners in the sectional title scheme must vote in favour, because an extension will affect the participation quota of all the other sections in the scheme.

For all three changes, a draft sectional title plan has to be lodged with the Surveyor-General for approval, and the approval of the relevant municipality is also required.

To make sure you follow the right legal processes and lodge the correct documentation, contact your STBB conveyancer for assistance.

_______________________________________________
This information was kindly supplied by Smith Tabata Buchanan Boyes Attorneys. [email protected]

08/05/2016

27/04/2016

Happy Freedom Day!

31/03/2016

http://www.realty1stilbaai.co.za/PropDetails?q=319066110

30/03/2016

THOUGHT OF THE WEEK

MANAGING THE AFFAIRS OF AN AILING PARENT

Families are sometimes faced with the need to appoint a curator for an ailing parent or sibling where the latter can no longer look after his/her own affairs due to illness or advanced age.

Our law allows for a person to take control of the personal affairs of another where, in an application to court, it has been shown that the person no longer has the mental capacity to do so on his/her own. Such an application can be made by any person who has a direct interest in the matter. Various pieces of supporting information is required, including reports by a medical practitioner and a psychiatrist.

Depending on the circumstances, the court may appoint a family member or other appropriate person, such as an advocate or attorney, to become the person’s curator. It is a rather complex process and an experienced attorney will be able to assist you with all the required steps.

For more information or assistance, contact us at STBB

The above information was kindly supplied by Smith, Tabata, Buchanan Boyes

30/03/2016

28/03/2016

27/03/2016

Realty 1 Property For Sale in STILBAAI STILBAAI, WESTERN CAPE