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While stand alone properties normally present no shared responsibilities apart from the owner with regards to its affairs, sectional title schemes do come with a division of responsibilities amongst the tenants and/or owners, and the body corporate.
Part of the process of selling a house involves the availing and consideration of certificates that validate the compliance of the property that is being sold. These certificates relate to water, electrical, gas and electric fence which are required by law.
Historically, provinces had their own laws to regulate land use and development in South Africa. However, in pursuit of harmonising these under each municipality to achieve economic growth, efficient use and development of land, reservation of environmental and natural resources, the Spatial Planning and Land Use Management Act was promulgated.
In areas where the tap water supplies are erratic or more expensive in larger quantities (industrial/irrigation uses), boreholes have provided a convenient way for water supply. Howveer, it's important to understand the regulations involved with drilling a borehole.
Often at times municipalities are approached by disputing parties with regards to complaints relating to boundaries on their properties. This usually happens in residential than commercial properties, where neighbours accuse each other of going beyond their lawful property boundary and penetrating into the other’s property.
Trading trusts, asset protection trusts, settlement trusts, charitable trusts as well as special trusts are all aimed at ensuring the security of the purpose for that which that Trust was set up for. In terms of deceased estates, a Trust can be set up to secure inheritance for the benefit of heirs.
Within the government’s published regulations in terms of the Disaster Management Act: Regulations - Alert level 1, provisions were made to discourage demolitions of residences and further cushioned tenant rights against evictions during this time.
It is a common misconception that the need for special levies in sectional title schemes was banished with the introduction of the new legislation which regulates the management of sectional title schemes.
Although South Africa breathed a collective sigh of relief as President Ramaphosa announced the start of lockdown level three as of the 1st of June, it’s no doubt that COVID-19 has had a severe impact of the market value of property in South Africa.
In August 2018, the Western Cape High Court provided an answer to the question which asked if only one spouse married in community of property may sign a sole mandate agreement with an estate agent or agency.
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