In part 1 of this series we defined what servitudes are, and explained the implications which they have for immovable property or the owner thereof. In this article we will distinguish between the two types of real right servitudes, namely personal servitudes and praedial servitudes. PERSONAL SERVITUDES: A personal servitude is a servitude which is …
PART 1 In part 1 of our 2 part series of articles on servitudes we will firstly define what servitudes are, and thereafter explain the implications which they have for immovable property or the owner thereof. The most commonly used definition of servitude comes from Voet, whose definition thereof reads as follows: “A servitude is …
WHAT ARE LEVIES? Sectional title owners are required to pay a monthly fee to cover costs involved in the running of the complex, which costs include inter alia: water; electricity and repair costs relating to the electrical installation in the common area; insurance replacement costs of buildings in the complex; managing agent fees; annual audit …
Sectional Title Schemes… What now? As a first-time buyer deciphering the complexed jargon of the property market can be a tedious task. This article intends to assist you in this “deciphering process” and provide you with a basic understanding of the aspects that you, as a prospective and/or current sectional title owner, should know about …
The Alienation of Land Act stipulates that any agreement for the sale and purchase of immovable property must be in writing and signed by the parties, but what happens when the seller is a Trust registered in accordance with the provisions of the Trust Property Control Act? Can the Trust buy or sell the property? …
A client recently asked us what were her rights in a situation where she has an existing wooden palisade fence enclosing her exclusive use garden area (all the gardens have the same fence), but her neighbour wanted to replace the wooden fence between them with a wall, at his own cost. For various reasons the …
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