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 …
When a Developer is establishing a retirement village one of the first decisions that it needs to make is to determine what the underlying legal nature of the scheme will be. In this regard Developers generally have three broad options available to them, these being distinguished from one another by the nature of the right …
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 Community Schemes Ombud Services Act 9 of 2011 (“CSOSA”) came into operation on 7 October 2016 and has dramatically altered the landscape in which community schemes operate in South Africa. Whilst this article is not aimed at providing a comprehensive breakdown of all of the changes brought into effect by CSOSA we have identified …
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 …
Exclusive use areas are defined as specified portions of the common property of a Body Corporate, which have been allocated for the sole or exclusive use by an owner or owners of one or more than one section within the scheme. These areas are typically parking bays, garden or yard areas, patios or balconies. These …
Prescribed Management Rule 29 (PMR 29) of the Sectional Title Schemes Management Act deals with the procedure which must be followed when making alterations or improvements to the common property in a sectional title scheme. In terms of this rule one must first determine whether the alteration or improvement in question is “reasonably necessary” or …
One of the more interesting and contentious aspects of the digital age in which we live revolves around the question of ownership of personal data in the public sphere. This was one of the issues on which the South Gauteng High Court was called upon to make a ruling in the recent case between Discovery …
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