For some time there has been uncertainty regarding the question of whether or not all disputes in community schemes (sectional title schemes and homeowners association schemes) which cannot be resolved internally, had to first be referred to the Community Schemes...
Miscellaneous
Short Term Letting in Community Schemes
Short-term letting – often referred to as “Airbnb” – is one of the most controversial issues encountered in Community Schemes, both Home Owners Associations Schemes (HOA) and Sectional Title Schemes. Airbnb’s give rise to many complaints from owners in schemes...
Roads in Private Gated Estates
A number of articles have been published recently about the powers of governing bodies (such as Home Owners Associations) in private gated estates to create and enforce ‘road rules’ within the estate. The interest in this topic resulted to a large extent from a court...
Should you Register Your Property in the name of a Legal Entity
One of the disadvantages of registering your home in the name of a legal entity is that you (or more accurately the legal entity in whose name your home is registered) will not be entitled to the Capital Gains Tax exemption which applies in respect of primary...
Registering Property in the name of a Trust
It has become a fairly popular practice (especially amongst affluent people) to register property in the name of a legal entity such as a close corporation, company or trust rather than in their personal names. A trust is a popular choice, particularly where...
Registering Property in the Name of a Minor
We are quite often asked for advice on the advisability of registering property in the name of minors (unmarried persons under the age of 18). Parents sometimes wish to invest in property and register the property in their minor child’s name. There can be any number...
Title to Property
The two most common types of title to immovable property are Sectional Title and Freehold Title. A freestanding house erected on a single erf in a residential suburb is normally held by freehold title whereas most flats, apartments and units in townhouse complexes are...
Neighbour Relations Part 1
This is the first article in a two-part series on neighbour relations. It is an unfortunate fact of life that some people have little or no regard for the rights of others. This disregard has, over the years, led to the development of a sphere of law sometimes known...
Neighbour Relations Part 2
As mentioned in Part 1, owners are entitled to use their land as they please provided that they do not infringe on their neighbour’s corresponding right to enjoy and use their own properties. “Neighbour law” accordingly places certain restrictions on the way in which...
Fixtures and Fittings
A buyer who purchases immovable property legally acquires the land together with all permanent improvements on the land. Permanent improvements include not only the physical structure but also items, which are permanently attached to the structure. These items are...
Group Housing Developments
The security and lock-up and go lifestyle afforded by some freehold group housing developments has resulted in these developments becoming increasingly popular in South Africa. These developments offer a number of advantages including, convenience, relatively low...
The Sale of Residential Property
When residential land, or an interest therein is sold or transferred, either VAT or transfer duty is payable on the transaction. The issue of what “tax” is payable when a “property transaction” takes place, has become quite a complicated matter. I am restricting this...