Boundaries drive owner up the wall

This week the Property Poser panel considers a boundary wall problem with a few twists. About seven years ago a reader purchased a unit in a complex. She explains that her property lies adjacent to the boundary wall enclosing the entire development and a small river runs just beyond that.

By Lucille Geldenhuys and Schalk van der Merwe 10 February 2012 Read Article

Sureties make Close Corporation members liable

This week the Property Poser panel deals with an issue where the defaulting tenant of a rental property is not a natural person but a close corporation (CC). The reader asks how a landlord can hold a tenant liable for a breach of contract when the tenant is a CC with only one member.

By Lucille Geldenhuys and Schalk van der Merwe 03 February 2012 Read Article

Complex levy issue divides owners in HOA

This week a reader confronts the Property Poser panel with a rather complex issue regarding levy payments in a freehold estate. He owns a property in such a development, which is managed by a homeowners’ association (HOA). When the estate was developed, he says, it was decided that there would be 25 separate plots and that the levy would be shared equally among the owners.

By Lucille Geldenhuys and Schalk van der Merwe 25 January 2012 Read Article

Early cancellation leads to lease disagreement

This week's scenario presented to our Property Poser panel relates to the early cancellation of a lease by a landlord. The tenant recently received a call from the person in question, who requested that she vacate the property as soon as possible to accommodate her daughter who was unexpectedly returning from overseas.

By Lucille Geldenhuys and Schalk van der Merwe 18 January 2012 Read Article

Executor of deceased estate a dead loss

This week, the panel deals with an interesting situation involving conflict over a holiday house owned by a family in a close corporation. The man, his wife and children are all members, but the husband  recently died. Unfortunately, his wife and one of their children took it upon themselves to go to the property...

By Lucille Geldenhuys and Schalk van der Merwe 16 December 2011 Read Article

Close corporation divides family

This week, the panel deals with an interesting situation involving conflict over a holiday house owned by a family in a close corporation. The man, his wife and children are all members, but the husband  recently died. Unfortunately, his wife and one of their children took it upon themselves to go to the property...

By Lucille Geldenhuys and Schalk van der Merwe 09 December 2011 Read Article

In suspense over the conditions of sale

Our panel often receives questions about suspensive conditions linked to property sales. These conditions affect not only the buyers and sellers but also the estate agent involved in the sale and, very often, third-party buyers and sellers who are waiting on fulfilment of a deal on which their own property transaction depends.

By Lucille Geldenhuys and Schalk van der Merwe 25 November 2011 Read Article

Splitting the marital regime

Regular readers of our column may be aware that the impact of a marital regime on property ownership is often a burning question. This is even more so, it appears, when creditors are laying claim to outstanding debts from  one or both of the joint owners.

By Lucille Geldenhuys and Schalk van der Merwe 18 November 2011 Read Article