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Exclusive Use Area

Most people who own property in sectional title schemes are familiar with the term “exclusive use area”. However, a fair amount of confusion seems to exist regarding the exact nature of exclusive use areas. This is not surprising as there […]

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Sectional Title Levies

Last week I dealt with some of the differences between Sectional Title and Freehold Title. This week we take a look at the issue of levies which are payable in respect of sectional title property.

As I mentioned previously, the […]

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Financial Implications of Buying Sectional Title

A Sectional Title Scheme cannot be properly managed by the trustees unless all the owners make regular and prompt payment of levies. The non-payment of levies is one of the main reasons why some body corporates in South Africa […]

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One of the first articles that I wrote for this newspaper, which appeared in the Property Post of 2 August 2003 dealt with “voetstoots” sales and latent defects (this earlier article can be viewed on my firm’s website  […]

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Options and Rights of First Refusal

The terms “option” and “right of pre-emption” (more commonly known as a “right of first refusal”), are often confused by persons involved in property transactions. There is a significant difference between granting or receiving an option to buy or sell […]

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Witnessing of Contracts

In previous columns I set out some basic guidelines relating to the signing and completion of deeds of sale relating to the sale of property and the formalities that have to be complied with to ensure that such contracts are […]

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Breach of Contract

What remedies does a party to a deed of sale have if the other party fails to fulfil his or her contractual obligations?

The first step to be taken under such circumstances is to consider the wording of the clause […]

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Duty to Disclose

In a previous article I dealt with the legal implications of “voetstoots” sales. As a general rule, the voetstoots clause in a Deed of Sale excludes the seller’s liability for latent defects such as leaking roofs, […]

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Legal Implications of Contracts

When disputes arise between sellers and purchasers of immovable property regarding the terms and conditions contained in the deed of sale I am often told by such persons that they didn’t understand the legal implications and consequences of the contract […]

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