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26 May, 2012

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Right to Habitatio Hinders Sale

1 March, 2012 By Leave a Comment
Lucille Geldenhuys

This week, the Property Poser panel contemplates the legal rights concerned with granting the use, or habitatio, of a property. A reader granted her pensioner father the right to stay in her house, a property separate from her residence, but now wishes to sell it in order to use the proceeds elsewhere. Her father is not willing to leave or seek alternative accommodation. The reader would like to know what her rights are in this regard. The right of habitatio is an exclusive personal … [Read more...]

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Levies Divide Homeowners Association Owners

25 January, 2012 By Leave a Comment

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. A few owners, however, purchased double plots and built only one property per combined erf. Effectively, the … [Read more...]

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Close corporation divides family

8 December, 2011 By Leave a Comment

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 has recently passed away. Unfortunately, his wife and one of their children took it upon themselves to go to the property, empty it out and arrange for a long-term tenant to take occupation. According to the reader, this was not agreed upon or consented to by the other members of the … [Read more...]

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Splitting the marital bond

16 November, 2011 By Leave a Comment

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 either one or both of the joint owners. One such reader writes that he and his wife are married out of community of property, with the exclusion of the accrual system. They are however the joint owners of the home in which they live. Unfortunately, being pensioners, … [Read more...]

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Till debt us do part

19 October, 2011 By Leave a Comment

The panel has had a question from a reader faced with the "for richer or poorer" aspect of her wedding vows, as she grapples with the issue of property ownership and debt under her particular marital regime. She explains that she and her husband acquired a property jointly before they got married but after their antenuptial contract was drafted. They married out of community of property with the inclusion of the accrual system. Unfortunately, it appears that her husband is involved in a … [Read more...]

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Powerless over unpaid bills

28 July, 2011 By Leave a Comment

A reader has approached our panel about a rental situation that has, quite literally, left her powerless. She writes that she has been renting a property for the last year or so. After a few months, the owner appointed an agent to handle rental matters, including the payment of municipal accounts. The reader dutifully began making her monthly payments via the agent. Unfortunately, it now appears that the municipality has cut off the electricity supply due to arrear utility payments. She … [Read more...]

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Tweede kat is wel ’n moontlikheid

11 January, 2010 By Leave a Comment

Vandeesweek se leser woon in ’n woonstel in ’n sekuriteitskompleks en wil graag ’n tweede kat aanskaf, maar is bekommerd dat haar aansoek geweier gaan word. Sy huur reeds 10 jaar ’n eenheid en is onlangs deur haar veearts aangeraai om ’n maatjie vir haar huidige kat – wat tekens van eensaamheid en depressie toon – te kry. Die leser het skriftelike toestemming van beide die eienaar en die trustees om haar huidige kat aan te hou, maar is mondelings afgeraai om nie vir ’n … [Read more...]

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