Property Law Articles

• 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 of ...

• 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 ...

• Who pays for repairs to water leaks in my complex?

  A client, who lives in a double-story sectional title complex, asked me: “My neighbour above me has a water leak in his bathroom. Water has seeped through to my unit ...

• Sectional title maintenance and improvement

  Is your sectional title complex looking a bit tired?

  Maintenance

  The trustees of your body corporate need to maintain the complex (to keep it more or less in its original condition). These ...

• When can a body corporate fine a tenant?

  Can you please assist on tenants’ rights in terms of fines being issued by the Body Corporate?

  I am able to give you a brief general answer to your query, however ...

• My body corporate has disconnected my electricity!

  Q

  Please can you kindly advise me on how I can challenge the body corporate to stop the process of disconnecting electricity.

  The electricity at our complex is pre-paid.

  A

  As regards your ...

• Body corporate insurance excess

  Q

  I have a possible leak in the damp wall joining me and the next door flat. The body corporate state that if insurance covers, I am responsible for the excess. ...