HISTORIC DEBT LIABILITY: RELIEF
Jordaan v City of Tshwane Municipality (74195/2013) [2016] ZAGPPHC
(7 November 2016)
The Municipal Systems Act provides that outstanding debt remains a charge against the land, even after it changes hands. This could have the effect of making a new owner pay for debts the previous owner incurred. The constitutionality of this provision was finally challenged in this matter and the outcome provides relief to property purchasers.
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The Judgment
Summary of the Judgment
BUYING NOW WITH OBLIGATION TO BUILD SOON – CONSEQUENCES OF NON-COMPLIANCE
Bondev Midrand (Pty) Limited v Ndlangamandla NO and Others (38331/2015) [2016] ZAGPPHC 939
(11 November 2016)
Often in new developments, developers include a condition in the sale agreement and the property’s title deed that the purchaser has to erect a building within a certain period. In this instance, the developer reserved the right to claim retransfer of the property if a home was not erected within the stipulated period. Is this enforceable?
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The Judgment
Summary of the Judgment
STBB’S STSMA REFERENCE GUIDE
In this, the third set of notes for your Sectional Titles Schemes Management Act Reference Guide, the details of section 4 of the Act are provided. It generally deals with the powers of bodies corporate.
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Section 4 of the Act – Powers of Body Corporate
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