Room for development: The transferability of personal servitudes
Servitude, as defined by Voet, is a right belonging to one person in the property of another, entitling the former to exercise some right or benefit in the property or to prohibit the latter from exercising one or more of his normal rights of ownership.
A praedial servitude is a registered servitude which one property (the dominant property) has over another (the servient property). Therefore, a praedial servitude is servitude in favour of another piece of land. The burden on the servient property is automatically transferred to the new owner when the land is transferred and is therefore enforceable against the owner of the servient tenement and all his successors in title.
A personal servitude on the other hand is a real right granting the holder thereof in his personal capacity the right to do something on someone else’s property, or to prevent a landowner from exercising some or other ordinary power as the owner thereon. The distinguishing feature between praedial and personal servitudes lies in the mention of a dominant tenement, rather than a particular person. In the event of doubt, there is a rebuttable presumption that a servitude is a personal servitude.
SA property and politics: what you can expect in 2017
Consumer confidence as a driver of long-term decision-making will be the key to the recovery of the residential property market in 2017.
While rebounding slightly towards the end of 2016, consumer confidence has been at levels not seen since 1993 and below levels during the global financial crash in 2008.
“This indicates that the crisis in consumer confidence is as much about the political state of the nation as it is about the financial condition of individual consumers,” says Herschel Jawitz, CEO of Jawitz Properties. “Consumers are under pressure financially, and the resulting reluctance to spend is being exacerbated by the crisis in political leadership that South Africa faces.”
Green Star - Communities pilot projects launch in SA
The Green Building Council South Africa (GBCSA) announced the launch of the locally applicable version of the Green Star – Communities rating tool in South Africa. The tool is a framework that will drive the development of more sustainable neighbourhoods and precincts, ultimately making African cities more sustainable.
GBCSA CEO, Brian Wilkinson says that green building and sustainability in the built environment is about more than just buildings. “It’s also about the spaces, connections and infrastructure between the buildings, a precinct, a neighbourhood, or a city. At this scale one can truly see the real impact of sustainability and make the connection between various daily activities between home, work, gym, school and entertainment.”
Green Star – Communities, developed by the Green Building Council Australia, evaluates the sustainability attributes of the planning, design and construction of large-scale development projects, at a precinct, neighbourhood, and/or community level.
Six electrical red flags homeowners should look out for
How is the electrical wiring in your house? It might be that you don't really think about it a lot, after all, we take electricity for granted. However, it's a good idea to take note of these electrical warning signs.
According to Nick Basson from Electrician Cape Town, if not handled correctly, electricity can be dangerous.
In fact, he says the Fire Protection Association of South Africa estimates that over 3 000 fires a year could be related to electrical faults. Electrical faults in the home can lead to fires.
So how can you reduce that risk and keep your home safe? Nick says the key is to be vigilant. He says keep an eye out for these tell-tale signs of electrical problems.
Rental must-knows for the 'Boomer' generation
The Baby Boomer generation is renowned for being non-conformists, and its members are once again doing things differently when it comes to deciding where to live in their later years.
“Not only are they downsizing, which is to be expected, but now a large percentage are choosing to rent rather than buy, which is quite surprising since ‘Boomers’ have typically been big advocates of homeownership,” says Gerhard Kotzé, MD of the RealNet estate agency group.
In South Africa, he says this may be happening to some extent because of the shortage of affordable purpose-built accommodation (retirement villages or homes) for the over-50s, “but we also find now that many seniors here are renting rather than buying for similar reasons to their counterparts elsewhere in the world”.
Buy the 'home you love'
Property is a long-term investment, in fact, on average it takes a minimum of approximately five years to see real returns on a property sale, provided there are no other unusual circumstances.
Given the fact that most buyers will end up staying in the home they purchase for some time, it is essential that they choose the right property that meets their lifestyle requirements - both now and in the future, says Adrian Goslett, Regional Director and CEO of RE/MAX of Southern Africa.
“Buyers should always consider a property purchase as an investment and look at all of the factors that could influence the home’s potential for long-term appreciation in value. However, most buyers are not purchasing a home solely for its investment potential - they need to live in it and ensure it fits in with their lifestyle as well,” says Goslett.
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