Chris Fick & Associates

A TOP-DOWN LOOK AT USUFRUCT

Whether planning your estate, or accommodating your parents or children; usufruct is a useful tool for giving someone possession without having to give them ownership. Usufruct, lyftocht, is the right to use and enjoy the property of another person and to take the fruits thereof, subject to the substance of the property being preserved. Usufruct […]

PROPERTY BUYERS: A R25m CAUTIONARY TALE

Property can be a great investment.  Just be sure to do your homework, and seek professional advice, before you buy. The R25 million damages claim Take for example a recent High Court case in which the auction buyer of a prime Camps Bay property claimed damages of R25m both from the seller and from the […]

TENANT AND LANDLORD: WHAT ARE YOUR RIGHTS AND OBLIGATIONS?

Sandra would like to move into her own place but like many people she is unsure what a lease is and what responsibilities it will place on her.  A lease agreement is defined as the agreement entered into between the tenant and the landlord for the leasing of a property. The lease agreement regulates the […]

SALE OF IMMOVABLE PROPERTY AND THE NATIONAL CREDIT ACT

It often happens during a sale of immovable property that the parties agree to a deferred payment of the purchase price. The purchaser will then pay the purchase price in installments and the seller will charge interest on the outstanding amount from time to time. Sometimes the parties even agree to the registration of a […]

ESTATE AGENT’S COMMISSION: “EFFECTIVE CAUSE” IS NOT ENOUGH

Both property sellers and estate agents need to know the downside of not recording, clearly and in writing, the exact circumstances in which a seller must pay commission to an agent. The agent’s claim: R500k To illustrate: In a case recently before the High Court, an agent claimed to have a verbal mandate from the […]

BAD NEIGHBOURS, UNLAWFUL BUILDING, AND THE DEMOLITION REMEDY

“A bad neighbour is as great a calamity as a good one is a great advantage” (Hesiod, 700 BC) Bad neighbours have it seems been troubling us since at least the days of ancient Greece. If two and a half thousand years later you are unlucky enough to have one, and if the particular calamity visited […]

PROPERTY SELLERS: CHOOSE YOUR OWN ATTORNEY!

When you come to sell your house or other property, you have the right to nominate your own attorney to attend to the conveyancing for you.  Insist on doing so: It is essential that your rights be protected at all stages of the transfer; choose a conveyancer you can trust to do so with speed […]

HOMEOWNERS’ ASSOCIATIONS: COLLECT THOSE OUTSTANDING LEVIES!

The resolution was met with severe opposition and the implementation thereof finally reversed.Three recent matters brought before the court clearly indicated that the status quo will not go unopposed. Homeowners’ associations have, by means of title deed conditions, ensured that membership requirements are compulsory and the fulfillment thereof obligatory.  Generic requirements include the obligation to […]

SELLING PROPERTY? WATCH YOUR WORDING!

When you agree on a sale, ensure that your agreement is both clear and comprehensive – or risk the pitfalls of litigation.A case recently before the High Court (on appeal from a District Magistrates Court) involved the sale of a furnished apartment, which the buyer intended to let out as holiday accommodation.  A clause in […]

THE DEMOLITION DANGER: BUILDING WITHOUT APPROVED PLANS

A new High Court decision highlights once again the need to have your building plans approved before you build. The saga starts… This story begins way back in 2004, with the owner of a rural Guest House starting work on a new double-storey conference center and four self-catering apartments – without getting plans approved, and […]