TITLE DEED CONDITIONS OBLIGING AN OWNER TO BUILD
Bondev Midrand (Pty) Limited v Puling and Another, Bondev Midrand (Pty) Limited v Ramokgopa (802/2016, 803/2016)  ZASCA 141 (2 October 2017)
Developers often insert a provision in a purchaser’s title deed obliging him to build a home on the vacant erf within a certain time. There are various sound reasons for doing so, amongst others, to bolster purchasers’ investment in the development and limit the security risks sometimes associated with continuous building activities in a development. Failure to do so, gives the developer the right to repurchase the vacant stand, usually at the initial sale price. Is this a personal right on the side of the developer meaning that it prescribed if not exercised within 3 years after an owner has failed to erect a home?
STBB’S STSMA REFERENCE GUIDE
In this, the thirty-ninth set of notes for your STSMA Reference Guide, Prescribed Management Rule 18 is discussed.
Prescribed Management Rule 18
(N.B. Print in landscape)