Offer to purchase question

zerocool2009 said:
Most estates are now changing in the way, to charge a garden levy, which is ultimately just garden services. That way upper units don’t sponsor garden units (with certain costs)

So if you buy in a sectional title, ask a levy and rates statement upfront. Its very inportant
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Thank you, what if theres no body corporate. Its just flat on soneone elses property. Will they have the ability to remove fences at will after my purchase? What rights do I have to protect my exclusive rights to my garden and parking bay
 
vipermagi said:
Thank you, what if theres no body corporate. Its just flat on soneone elses property. Will they have the ability to remove fences at will after my purchase? What rights do I have to protect my exclusive rights to my garden and parking bay
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Do you own the flat on someone else's property?
 
vipermagi said:
Thank you, what if theres no body corporate. Its just flat on soneone elses property. Will they have the ability to remove fences at will after my purchase? What rights do I have to protect my exclusive rights to my garden and parking bay
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Describe more in detail what you are buying (please)
 
vipermagi said:
Thank you, what if theres no body corporate. Its just flat on soneone elses property. Will they have the ability to remove fences at will after my purchase? What rights do I have to protect my exclusive rights to my garden and parking bay
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As far as I know as soon as there is a sectional title there has to be a body corporate or home owners association of sorts.
I could be wrong on this and my memory very fuzzy, but at my old complex, parking bays were registered on plans or at the deeds office, so they cant take away your parking. We had some people asking to change parking, etc and the answer was always a flat no because of the way it was registered.
With regards to the garden, I suppose your purchase would need to state your ownership or use of it. Or else the body corporate could vote to change it.
 
zerocool2009 said:
Describe more in detail what you are buying (please)
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Its a batchelors flat at the back of someones house. I have my own entrance and fence but the title deed only includes the physical structure not the yard itself. So what happens when I purchase sectional title on someone elses property. The link earlier (thanks) indicated we need a exclusive use agreement for commons area (my garden)
 
vipermagi said:
Its a batchelors flat at the back of someones house. I have my own entrance and fence but the title deed only includes the physical structure not the yard itself. So what happens when I purchase sectional title on someone elses property. The link earlier (thanks) indicated we need a exclusive use agreement for commons area (my garden)
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Am I right in thinking this needs to be a sub-division rather than sectional title?
 
vipermagi said:
Its a batchelors flat at the back of someones house. I have my own entrance and fence but the title deed only includes the physical structure not the yard itself. So what happens when I purchase sectional title on someone elses property. The link earlier (thanks) indicated we need a exclusive use agreement for commons area (my garden)
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I would personally first ask to see the plans. (Step1).
 
vipermagi said:
Its a batchelors flat at the back of someones house. I have my own entrance and fence but the title deed only includes the physical structure not the yard itself. So what happens when I purchase sectional title on someone elses property. The link earlier (thanks) indicated we need a exclusive use agreement for commons area (my garden)
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You would need to confirm the deed. I can't imagine that there'd be a deed for a building but not the property, but perhaps @bokka1 can confirm.
 
Had to go back to the Attorneys this morning.

One of the digitally signed documents somehow became corrupt and we had to go back to sign it again. Single document.

While we were there we asked about the timeframe before lodging.
They are still waiting for the clearance certificate from City of Tshwane. Only that one document holding up the process.

So chances are that lodging will only happen next week for us.
 
Our documents were lodged with COT last week Thursday, so far it's still with the first examiner - apparently there are 3 examiners in total. Slower than normal according to the attorney but not the end of the world, will be done by next week she reckons. This is for the sale of our place but just to give you an idea of the what happens when they lodge.

We started this process around the end of June/beginning of July so if yours gets lodged anytime soon then you doing well as we are about a month more so far. It feels like it's taking forever but it is what it is I guess, the end is in site at least.
 
Friggs said:
It feels like it's taking forever but it is what it is I guess, the end is in site at least.
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Tell us about it.

Have to be honest. The excitement has died down a bit for us now. We just want to get everything over and done with. Currently living in a house with really only the basics. Doesn't feel like a home at all anymore.

Guess we will get excited again on the actual day we move in and start making the place our own again.

Good luck with your process further. Home stretch!
 
vipermagi said:
Its a batchelors flat at the back of someones house. I have my own entrance and fence but the title deed only includes the physical structure not the yard itself. So what happens when I purchase sectional title on someone elses property. The link earlier (thanks) indicated we need a exclusive use agreement for commons area (my garden)
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Is this a sectional title though? Why would you need a body corporate with 2 properties? Bit of a waste of time and cost to administer.

The only difference might be if the flat is in fact attached to the house i.e. it is in-of-itself a single dwelling (albeit with different entrances). In that case, a sectional title would make sense as you would need to divide a single dwelling into multiple.

I would read the plans and get the position confirmed by a conveyancor.
 
Our papers made it to 'Examiner level 3' this morning.

@APoc184 For interest sake, it took 4 days to get assigned to someone but from there it's been moving through the process (looks like 2 days per examiner so far and apparently the last one is quicker):

1602856510867.png
 
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As suspected we are still waiting for rates clearance.

They have escalated it with the City of Tshwane.
 
APoc184 said:
As suspected we are still waiting for rates clearance.

They have escalated it with the City of Tshwane.
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Hope they sort their kak out quickly and you get it soon man. We were lucky and didn't have any issues with that at least.
 
Friggs said:
Hope they sort their kak out quickly and you get it soon man. We were lucky and didn't have any issues with that at least.
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Thanks. Hope so too.

This is the 3rd Friday Weekly Update where the status is "waiting for rates and clearance certificate, otherwise ready to lodge".
 
We are waiting for over a month now for rates clearance certificate from CoT. The certificate took less than 2 weeks from CoJ for the new place...
 
Chinmaya said:
Good Day Everyone. Wanted to know if anyone has used any good agencies In the past that does home inspection. That reason I want it inspected is for peace of mind and what worries me is that entire estate is having pavement In the front of parking except this house I saw and liked. The owner said that he removed the pavement in the front to plant some trees in the driveway.

The house from inside is good except the fact that parking is bit tricky for bigger vehicle while going in and coming out. Should that be a reason for rejecting the house as I believe we will get used to it with time.

Also wanted to know if the current owner has outstanding levies/electricity/water/rates & taxes, will that be passed on to the new owner? Simply put, do I have to worry about the outstanding bills for the unit?
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I can't comment on the inspection report. We just took our time inspecting everything ourselves. And made a 2nd appointment to double check everything.

The parking issue will be your call. Just remember that you will be in and out every day with your vehicles and sometimes even several times a day. Can become frustrating if it is a mission everytime.

Regarding the levies /taxes /etc....
He will have to settle absolutely everything to make the sale final and get the registration through. You will start with a new clean page.

That is exactly what we are waiting for before our registration can be finalised. All final rates and taxes have been paid by the previous owner and attorneys are just waiting for the clearance certificate from City Council to say we can start on a clean page.
 
Chinmaya said:
... parking is bit tricky for bigger vehicle while going in and coming out. Should that be a reason for rejecting the house as I believe we will get used to it with time.
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If you think this is your ideal home, and you're likely to live there for many years, then yes, maybe you'll get used to it with time, or simply get smaller cars. After all, no place is perfect in every detail.

On the other hand, if you can already see that this is a negative point, it's worth considering how the next buyer might see this, when the time comes for you to sell. Therefore, it's worth checking whether, even if you put up with it for a while, you could actually remedy the issue later. Would you be allowed (by planning permission of your municipality) to cut down the trees (some are protected and may not be cut) or move them? Or to widen the gate?
 
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