Property Law Articles

• Are your sectional title affairs in a mess

  Are your sectional title affairs in a mess (your body corporate owes a fortune in arrear municipal charges)?

  You may consider appointing an administrator to halt legal proceedings and negotiate a ...

• Does a municipality need a court order prior to terminating electricity to premises?

  Anva Properties CC // End Street Entertainment Enterprises CC

  Anva Properties (The Applicant) sought an order authorizing it to terminate the electricity supply to a unit in a building situated in ...

• Sectional Title Owners – Who is responsible for Excess Payments on Insurance Claims?

  Owners in sectional title schemes believe – incorrectly – that because the body corporate insures the common property it must pay any insurance excesses (e.g. for a burst geyser)).

  In fact, ...

• Can new owners be held liable for historic municipal debt on their property?

   

  In the case of Jordaan v Tshwane municipality, the Constitutional court handed down a judgment on 29 August 2017, dealing with the constitutional validity of S118(3) of the Local Government ...

• The Two Body Corporate Funds

  Sectional Title – the need to keep two separate body corporate funds

  Bodies Corporate must now keep 2 funds, a ‘reserve’ and an ‘administrative’ fund.

  This is prescribed by the Sectional Titles ...

• Servitudes Can Affect the Value of a Property.

  By Helen Grange hgrange@mweb.co.za

   

  When you’re hunting for a property, it’s important to ask the right questions, and one of them should be: ‘is there a servitude?’ The presence ...

• Body corporate cut off electricity

  The Body Corporate switched off a client’s electricity, because he fell into arrears with his levies. He asked me what steps he could take to have his electricity switched back ...

• Penalty for early cancellation of a residential lease

  What rights does a landlord have if a tenant cancels the residential lease, before it ends?

  The tenant has the right to cancel the lease at any time (on 20 business ...

• Unlawfully evicted?

  Because the landlord has evicted you without first getting a court order, you need to bring what is called a “spoliation” application to be allowed back onto the leased premises.

  As ...

• Body Corporate Fines – How Binding Are They?

  Can a Body Corporate fine an owner for, e.g. making too much noise, being discourteous to security officers, or keeping a pet, against the Conduct Rules of the complex?

  Karen Bleijs ...