Noisy neighbours – Your rights, and buyers beware!
“In common law, everyone is in general permitted to use their property for any purpose they choose, provided that the use of the property should not intrude unreasonably on the use and enjoyment by the neighbours of their properties” (extract from the “gym case” below) Consider this unhappy scenario – you buy your dream home […]
Eviction refused – Landowners, unlawful occupiers and the “Just and Equitable” test
“PIE recognises that in appropriate circumstances the right to full exercise of ownership must give way, in the interest of justice and equity, to the right of vulnerable persons to a home.” (Extract from judgment below) “Unlawful occupiers” of land have strong rights under our Constitution and other laws, and most property owners and landlords […]
Buying property from a company – Should you buy the shares or the house?
“There is never a wrong time to buy the right home” (Anon) You find the house of your dreams, agree on the price and get ready to put pen to paper. The house is in the name of a company, and you are offered a choice – either buy the house out of the company […]
Nuisance: the requirements, remedies and defences
Urbanisation, and the consequent magnitude of residential estates that are becoming increasingly dense and populated, requires individuals to abide by the municipal by-laws and regulations and to take their neighbours into consideration when conducting certain activities on their properties. It occasionally happens that someone is using their property in a way that negatively affects the use and enjoyment of someone living nearby. Such […]
When bond clauses sink sales…
“Before anything else, preparation is the key to success” (Alexander Graham Bell) You sell your house, give the signed sale agreement to your attorney, and wait to get paid out as soon as the property transfer is registered in he Deeds Office. What could possibly go wrong? Quite a bit as it turns out, but […]
Landlords: Can you cut electricity to collect arrears or evict?
A landlord battling a problem tenant may be tempted to bypass the delays and cost of legal action with some robust “self-help” action, like cutting electricity or water, or blocking access to the premises with a change of locks or access cards. The problem is that our law has always frowned on the concept of […]
Buying and selling property: Nine important questions
Buying and selling property can seem to the layperson like a complex process, fraught with arcane legal terminology and risk. Relax, help is at hand! To ease you into the process in clear and plain language, we ask (and answer) nine common questions asked by both buyers and sellers. We include a link to a […]
Buying a property: Check the seller’s marital status!
“…a third party is expected to do more than rely upon a bold assurance by another party regarding his or her marital status” (quoted in judgment below) If you are taking advantage of our current low interest rates and reduced selling prices to buy a property, make sure that you establish the seller’s marital status […]
Building a home in 2021: The dangers of not being NHBRC compliant
2021 is shaping up to be a busy year for both property sales and home builders, thanks in no small measure to the pandemic-induced concept of “work from home, live anywhere”. If you are one of the many landowners about to invite a team of contractors onto your property to build your new dream home, […]
Parking bay disputes – Enforcing complex rules
A common source of friction in community schemes is parking spaces. Homeowners Association and Body Corporate rules are aimed at regulating usage of parking areas but what happens when the rules haven’t been enforced? Are they taken to have been waived and therefore unenforceable? And what happens if they are enforced, but only on a […]