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11 February, 2012

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Divorcee wants split from accrual system

11 January, 2012 By Leave a Comment
Lucille Geldenhuys

This week Property Poser's panel considers the implications of being married out of community of property with the accrual system. A reader tells us that she is married in terms of this regime and that the split of the accrual is 25/75 in her husband's favour. It appears that one of the biggest assets in the estate is a property valued at approximately R3 million, registered in her husband's name. In the event of a divorce, she would like to know whether she could negotiate to keep 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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Laying blame at owner’s door

30 November, 2011 By Leave a Comment

This week our panel assists a reader who has been fined for alterations he made to his unit in a sectional title complex. Before starting these alterations he submitted the plans to the municipality and the trustees of the body corporate. The changes he wished to effect were not only aesthetic, but also had practical implications to prevent rainwater from flooding the interior. The building took two months to complete. About a month after completion he received a communication from the … [Read more...]

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In suspense over sale conditions

23 November, 2011 By Leave a Comment

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. This week we take a look at a set of facts presented by someone who appears to be a principal and is concerned about the actions of another agent within his … [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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Time to Fill Your Christmas Stocking

16 November, 2011 By Leave a Comment

Make a note in your diary not to miss the 12th annual Christmas market hosted by the Dutch Reformed Central Church in Stellenbosch. This ever-popular craft market promises to make Christmas shopping an absolute treat with a variety of goods on sale at 180 stalls. Get creative with your gift list with glorious top quality arts and handcrafted gifts such as glassware, jewellery, needlework, paintings, confectionary, pottery, toys and much more. Sit back and relax in the cosy restaurant area … [Read more...]

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Buyers must know complex rules

10 November, 2011 By Leave a Comment

This week our reader's letter deals with the management and conduct rules in a sectional title complex. He understands that, while these rules are absolutely necessary, prospective buyers do not always know what they are getting themselves into when buying in a complex. As a trustee of the body corporate in charge of the complex where he resides, he has devised a way to ensure that all parties concerned in the sale process are fully aware of the complex-related rules and facts. In his … [Read more...]

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Capital gains taxing on seller

2 November, 2011 By Leave a Comment

This week the panel considers the tax and other financial implications of selling a property that is not your primary residence. The question comes from a reader who has been renting out such a property for a decade and now wishes to sell it. He has obtained a valuation but is uncertain as to what the costs will be on his side. The reader asks firstly about the tax situation and secondly about the recommended commission payable to an estate agent with a sole mandate to sell the … [Read more...]

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World’s Largest Independent Financial Advisory Consultancy opens new office in Stellenbosch

2 November, 2011 By Leave a Comment

The deVere Group, the world's largest independent financial advisory consultancy, is delighted to announce that it is extending its global presence with a new office in Stellenbosch, in the Western Cape of South Africa. The announcement therefore marks the 18th office that the Group has opened worldwide in the last two years, and the sixth established presence in South Africa. deVere Group Senior Area Manager of South Africa, Brett Taylor commented, "We are concentrating on extending our … [Read more...]

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Dead end in estate transfer

28 September, 2011 By Leave a Comment

Purchasing a property from a deceased estate is often fraught with problems. The question before the panel this week relates to a transfer that appears to have hit a dead end. Some time ago, a reader signed an offer to purchase on a property that formed part of a deceased estate. The previous owner had passed away two years before and the deceased's sister appeared to be dealing with the property. The reader explains that the sister was in fact the beneficiary of the property, but decided … [Read more...]

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Storm Brewing Over Runoff

8 September, 2011 By Leave a Comment

With all the rain that has fallen across the country recently, it is not surprising to hear from a reader who complains about the manner in which his neighbour diverts stormwater runoff. He writes that his neighbour has made numerous holes in their shared boundary wall, diverting stormwater to the reader's side. The problem is exacerbated by the fact that the properties are on an incline, with the reader's erf being the lower of the two. The reader would like to know whether this practice … [Read more...]

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Cracking the code of silence

17 August, 2011 By Leave a Comment

This week, our panel deals with a question from a reader grappling with the issue of moral defects versus latent and patent ones. The reader is currently renting a property, which is on the market and has been viewed by several potential buyers. When questioned by the viewers about possible issues or faults relating to the property, he has responded truthfully. Unfortunately, it appears that there are structural defects, which have caused the walls and tiles to crack. The reader’s … [Read more...]

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Unseating a complex chair

20 July, 2011 By Leave a Comment

After experiencing ongoing problems with the chairperson of her homeowners' association (HOA), a reader asks our panel what the correct procedure is for unseating such a person. The reader says that, despite the HOA members having voted unanimously for her removal, she is continuing in the role. The chairperson contends her dismissal is merely temporary until a current dispute with her neighbour is settled. In such instances - where an HOA is formed as a non-profit company - the Companies … [Read more...]

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Two Levies, Too Late

13 July, 2011 By Leave a Comment

In a reversal of stereotypical roles, a reader "interferes" on behalf of his mother-in-law and interrogates our panel about a belated levy payment. The lady in question lives in a sectional title complex and some time ago had the balcony of her unit enclosed. Now - a full 15 years later - the management company has ruled that an additional levy is payable on this alteration. Understandably, the reader is upset over this decision as no mention of an extra levy had been made prior to … [Read more...]

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SA Wine Featured on Bloomberg News

11 June, 2011 By Leave a Comment
Bruwer Raats

Chenin specialist Bruwer Raats once again made international headlines when his 2009 Raats Original Chenin Blanc was recently featured on Bloomberg News. Master of Wine Jennifer Simonetti-Bryan recommended four wines to the viewers as perfect for the Memorial Day weekend and included Raats as the only South African in the line-up. Simonetti-Bryan is one of only five female Masters of Wine in the States and has become a regular face on the small screen as an industry expert commenting on wines … [Read more...]

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Dirty Business when Udubs take Stellenbosch on

30 May, 2011 By Leave a Comment

UWC Students Break a Record yet remain unrewarded… On the 5 and 6th May 2011 UWC students partook in a competition hosted on campus by the Group1 Nissan Kuilsriver car dealership. As incentives to take part, iPods were promised to the group who managed to fit the most students into their new Nissan Micra, a marketing tactic to determine how uncomfortably spacious the Micra can be. Astonishingly 29 UWC students made history by managing to all fit themselves into the tiny piece of car. What … [Read more...]

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