KZN Property Pages - 25 August 2018

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RESIDENTIAL LETTING COMMERCIAL Your Leading Property Guide

A BL ACK INC MEDIA PUBLICATION

25 August 2018


booking deadlines: BOOKING:

2pm Monday prior COPY TO BE SET:

2pm Tuesday prior

Property co-ownership: The good, the bad and the letter of the law

For first-time buyers, property co-ownership may be the easiest and most affordable way to enter the property market. For others too, it can be an accessible way to extend an existing property portfolio.

COMPLETE MATERIAL:

10am Thursday prior

co-ownership agreement drawn up when entering into such a transaction. “While a lawyer needs to draw up the contract, a trusted property advisor can guide and advise you on how to structure the agreement to protect and promote the interest of all parties involved,” Swain says.

- And the letter of the law

While it’s up to the owners to stipulate the contents As with any business transaction, it is important to and scope of the agreement, it’s rather essential that carefully consider the advantages and potential the contract makes provision for the following factors drawbacks of the arrangement, as well as come to a and eventualities: transparent agreement (in writing!) with the co-owner(s), says Bruce Swain, CEO of Leapfrog • Which of the owners (if any) will occupy the Property Group. property? • What happens in the case of death of one of the - The good partners? • What if one of the parties wants to sell the The benefits of property co-ownership is somewhat property and the other doesn’t? obvious. You’re only responsible for an agreed-upon • What happens in a case where one of the percentage of the monthly bond repayments. co-owners default on the monthly bond Similarly, the cost of maintaining the property is repayments? also shared. Decide on the split, both in terms of • Should the property be sold, how will the ownership and financial responsibility, as soon as a potential profits or losses be divided? suitable purchase has been decided on. • Who is responsible for securing financing for the property? “Do note though that while the purchasers decide • What happens if one party is able to contribute to on their respective share of the property, and which a deposit and the other can’t? will be recorded as such in the title deeds and • How is the responsibility of property maintenance registered at the Deeds Office, the institution that to be divided? grants the loan will expect that all parties sign to be • How will the monthly costs such as municipal ‘jointly and severally’ liable for the repayment of the rates and property taxes be paid? loan,” Swain cautions. This means that the • Are any of the co-owners allowed to use the mortgagee is entitled to recover the whole amount property as collateral for another loan, or permitted from any one of the co-owners if there is a default to draw from the access loan? on the regular payments. Swain recommends: “It is best to come to an - The bad agreement on these considerations before purchasing the property as a roadmap for the way forward, rather Disputes and pitfalls usually arise as a result of one than trying to navigate murky waters once you’ve left of two major factors; when one of the owners the safety of the shore.” default on their monthly bond repayments, or cannot afford to contribute their share to the Property investments should not be taken lightly. The routine maintenance of the property. Another backlash of an investment gone wrong can be very common reason for tension and disagreements is expensive and best avoided. But, approached with an when one of the partners want to sell their share in open and reasonable expectations, it can be a very the property. worthy and rewarding investment. It is essential to seek legal counsel around these matters, but even more important to have a

Leapfrog Property Group

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Black Inc Media Black Inc Media Rising Sun Printers

A BLACK INC MEDIA PUBLICATION

142 25 August 2018

IN ASSOCIATION WITH

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1967 - 2017

MONTROSE

HAYFIELDS

HILTON

LINCOLN MEADE

EST. 1967 / PROUDLY MARITZBURG R2 450 000

HAYFIELDS

HAYFIELDS

R1 795 000

NPC

NPC

NPC

ON SHOW 2.30-5

ON SHOW 2.30-5

ON SHOW 2.30-5

R1 795 000

MONTROSE

R1 550 000

CLARENDON

R1 450 000

NPC

NPC

NPC

ON SHOW 2.30-5

ON SHOW

ON SHOW 2.30-5

R1 395 000

2.30-5

ATHLONE

R1 345 000

BOUGHTON

R1 225 000

NPC

NPC

NPC

ON SHOW 2.30-5

ON SHOW 2.30-5

ON SHOW 2.30-5

R1 180 000

PELHAM

R1 650 000

WARTBURG

R980 000

NPC

NPC

ON SHOW 2.30-5

ON SHOW 2.30-5

460 Town Bush Road

4

R2 050 000


PELHAM

R950 000

MUSWELL HEIGHTS R3 500 000

HAYFIELDS

R1 295 000

CLELAND

R1 600 000

LINCOLN MEADE

R1 280 000

LYNNFIELD PARK

R950 000

HAYFIELDS

R875 000

CENTRAL

R725 000

NPC

ON SHOW 2.30-5

WARTBURG

R1 300 000

WOODLANDS

R895 000

BELLEVUE

R875 000

LINCOLN MEADE

R845 000

SOUTHLANDS

R695 000

PELHAM

R630 000

IMBALI UNIT 13

R480 000

ABIE’S CHOICE

460 Town Bush Road

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Harcourts Patrick & Co 033 342 3340 patrickandco@harcourts.co.za

ON SHOW SUNDAY

ON SHOW SUNDAY

MONTROSE

R1 525 000

Situated in the heart of Montrose and just a stone’s throw away from Cascades Shopping Centre and Virgin Active Gym, this spacious simplex which comprises 3 bedrooms, 2 bathrooms (mes), combined lounge/dining room and a separate well - appointed kitchen, is waiting for a new owner. The unit has a double garage and the complex has a communal swimming pool. Not to be missed. Follow boards from Cascades Robots in Town Bush Road ON SHOW SUNDAY 2.30 – 4.30 pm | WEB REF:KEP27887 ESTELL SPIRES - 072 381 5816 E: estell.spires@harcourts.co.za

CHASE VALLEY

R1 595 000 ATHLONE

PRICE REDUCED! Welcoming Spacious family home situated in a quiet neighbourhood set on large land. Accommodation is plentiful, offering 4 bedrooms and 4 bathrooms, 2 of which are en suite. Large open plan living areas allow for easy entertaining. e fitted kitchen has a gas hob and 2 electric ovens. Outbuilding includes a laundry/domestic room, storeroom and double garage. Fully fenced with a pool.

Follow Boards from Chase Valley Rd. and English Rd ON SHOW SUNDAY 2.30 – 4.30 pm | WEB REF:KEP27796 JULIE CHETTY - 084 622 0288 E: julie.chetty@harcourts.co.za

ON SHOW SUNDAY

R1 995 000

An old Maritzburg character red brick so tastefully modernized, close to the CBD and all other amenities but situated in a quiet peaceful road. The cosy entertainment area with fireplace overlooks the pool in the private back yard. The home has 3 bedrooms, 2 bathrooms, 2 lounges, 2 entertainment areas, a modern kitchen with 2 UCO’s plus hob and a separate office/potential flatlet. It is immaculate and has good flow.

HAYFIELDS

IRENE COOK - 072 483 9505 E: irene.cook@harcourts.co.za

R2 050 000 FERNCLIFFE

Follow boards from Hesketh/Blackburrow rds or the Hayfields mall to Clayton Ave. ON SHOW SUNDAY 2.00 – 4.00 pm | WEB REF:KEP27852 FIONA PATRICK - 082 553 7810 E: fiona.patrick@harcourts.co.za

R349 000

CENTRAL FLAT

MAKE AN OFFER A real cutie pie with loads of potential waiting for new owners to love it back to life. Situated in a gorgeous level garden, this private and secure home with a good address, offers 3 bedrooms,2 bathrooms, lounge/diningroom, double garage and an outside laundry.

Follow Boards from Corner of Howick Road & Melbourne Avenue Follow Boards from Crossways intersection to Celtis Road ON SHOW SUNDAY 2.30 – 4.30 pm | WEB REF:KEP26525 ON SHOW SUNDAY 2.30 – 4.30 pm | WEB REF:KEP28278

ON SHOW SUNDAY

Welcoming family home with a great entertainment area overlooking the pool. There are 3 reception rooms, a well-appointed kitchen with a separate laundry open plan to the dining room. Study plus 3 spacious bedrooms, a sewing room/nursery and 2 bathrooms. Outside guest suite. Loads of outbuildingswhich could easily convert to a second dwelling.

CENTRAL

ON SHOW SUNDAY

ON SHOW SUNDAY

ON SHOW SUNDAY

R2 250 000

Don’t miss the opportunity of owning this 219sqm duplex in a soughtaftercomplex in the North. Offering spacious open plan living areas downstairs with a fitted kitchen, scullery and guest toilet. An enclosed verandah with a built in braai allows for easy entertaining. Upstairs you will find 3 bedrooms with bics, 2 full bathrooms (mes) and a fitted study. A double automated garage with direct access into the house, 3 air-cons and a level garden are just a few extras this home has to offer. Truly a rare find in today’s market. Follow Boards from Townbush Rd, into Warwick Rd. ON SHOW SUNDAY 2.30 – 4.30 pm | WEB REF:KEP27989 CINDY JOHNSTON - 083 564 2020 E: cindy.johnston@harcourts.co.za

R359 000 FOREST WATERS

JENNI PATRICK 082 775 4699 E: jen.patrick@harcourts.co.za

R630 000

HOWICK GAME ESTATE R4 200 000

Enjoy the tranquility of country living watching the many species of gameand the magnificent view from many angles of your stunning face brick lowmaintenance home consisting of 3 bedrooms, 2 bathrooms, open plan lounge, dining room, kitchen and family room which opens out onto your entertainment area. Has double garage and caravan garage. A must to view. Follow Boards from Chase Valley Rd. and English Rd ON SHOW SUNDAY 2.00 – 4.00 pm | WEB REF:KEP27924 GLERYL DE RAUVILLE - 083 286 5758 E: gleryl.dr@harcourts.co.za

PALM VIEW GARDENS

One bedroom unit with separate living and Large ground floor flat with lounge/ dining room, fitted Looking for an apartment with beautiful views that 3 bedroom flat has been reduced from R880 000 to kitchen area. Off street parking. Within walking kitchen, bedroom, bathroom and enclosed balcony. ticks all your boxes?! Forest Waters Lifestyle village has R 860 000!!Lovely 3 bedrooms flat, main has en-suite, Low levy and rates. Existing tenants willing to stay on the perfect spot for you. Ideally located to all nearby lounge, kitchen with built in,separate bathroom and distance to CBD. and the present rental is R3000.00pm

VIEW BY APPOINTMENT

VIEW BY APPOINTMENT GLERYL DE RAUVILLE - 083 286 5758 E: gleryl.dr@harcourts.co.za

KNIGHTSBRIDGE

R975 000

Lovely apartment in a popular complex consisting of 4 bedrooms (with bics), fourth bedroom could be used as a study, 2 bathrooms, with an open plan lounge, dining room, kitchen and single lock-up garage. VIEW BY APPOINTMENT | WEB REF:KEP28264 PAIGE LANGENHOVEN - 081 269 0164 E: paige.langenhoven@harcourts.co.za

harcourtspatrickandco.co.za

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amenities, but just far enough to experience tranquillity. carport’s. Flat has a commune swimming pool and it is This top floor apartment situated at a corner end of the in a very secure area, close to schools and convenient transportation. floor, offers open plan living with 2 bedrooms. VIEW BY APPOINTMENT | WEB REF:KEP27922 LINDA K - 063 728 7757 E: linda.k@harcourts.co.za

MIKE WEBBER - 082 490 9241 E: mike.webber@harcourts.co.za

HAYFIELDS

R1 495 000 BOUGHTON

R1 550 000

VIEW BY APPOINTMENT | WEB REF:KEP27375 LAURRA MBHELE 082 834 5068 E: laurra.mbhele@harcourts.co.za

OAK PARK DUPLEX

R1 595 000

Comfortable home featuring 3 bedrooms, main en suite, family bathroom, open plan fitted kitchen, dining area and lounge. Separate TV lounge leading to the patio and pool area. Double lock up garage and a beautiful garden. Good security and low maintenance.

Brand new Sole Mandate!! This immaculate property has to be seen to be appreciated. Some if it’s features are 4 bedrooms, 3 bathrooms, 2 lounges, 5 star kitchen with undercounter oven and hob, 2 outside decks, laundry, double garage, double carport, swimming pool and more. This lovely home is for the perfectionist who wants to just move in enjoy the exquisite views. All this and more.

Large 4 bedroomed 237sqm unit in Oak park. Has loads of potential. Lovely private garden and verandah. Could be open planned and modernized. Offers large double garage. Must be seen to be appreciated.

VIEW BY APPOINTMENT | WEB REF:KEP27894

VIEW BY APPOINTMENT | WEB REF:KEP28349

VIEW BY APPOINTMENT | WEB REF:KEP27422

ANJ SRIBRATH - 083 419 0919 E: anj.sribrath@harcourts.co.za

MIKE WEBBER - 082 490 9241 E: mike.webber@harcourts.co.za

ALBIE TIMMERMAN- 082 553 9921 E: albie.timmerman@harcourts.co.za


Harcourts 033

@harcourts.co.za

ON SHOW SUNDAY - 11.30 - 13.30

ON SHOW SUNDAY

HILTON COMPLEX – CENTRAL & UNIQUE R 2 200 000

BRAND NEW HOMES AT THE GATES R6 495 000 CENTRAL HILTON TOWNHOUSE R1 350 000

3-4 Beds | 3.5 Baths | 2 Lounges | 1 Dining Room | Home Office/4th Bedroom | Pool | 2 Garages

ON SHOW SUNDAY

4 Beds | 4 Baths | 2 Lounges | 1 Dining Room | 2 Garages

Visit me at The Gates this weekend to view a selection of beautiful brand new homes for A beautiful and well maintained, North facing home with sale. Bordering the beautiful Hilton College, this secure estate has only 80 homes in total, all an excellent position – as well as 2 bedrooms, a study, a on stands of approximately 2000spm in size, with stunning views of the Drakensberg. Your levy gives you access to the Hilton College Estate to walk, cycle, run, fish and camp separate guest suite, double garage and enclosed court reasonable in complete safety, as well as 24 hour access control and perimeter patrols. A beautiful place to yard. There is also a beautiful country garden. live, close enough to all the amenities in Hilton, but with a lovely country feel! Follow boards from Shell Garage in Hilton Ave into Park Lane. ON SHOW SUNDAY 11.30 – 13.30 | Web: KHT33438 Barbara Rogers C 082 802 5956 | T 033 343 3345 E barbara.rogers@harcourts.co.za

Follow the boards from N3 offramp towards Hilton College. ON SHOW SUNDAY 2.30 – 4.30 | Web: KHT34233/KHT34236/ KHT33527/KHT32244/KHT34256 Trish Parsons C 082 904 3157 | T 033 343 3345 E trish.parsons@harcourts.co.za

ON SHOW SUNDAY

2 Beds | 2 Baths | 1 Lounge | 1 Dining Room | Pool | 1 Carport

Situated in the main Hilton Avenue, this townhouse is the perfect lock up and go for out of town parents. Close to schools, all amenities and complex secure living. Follow the boards from Quarry Centre to Deidre Park. ON SHOW SUNDAY 2.30 – 4.30 | Web: KHT33723

HILTON CENTRAL

R2 400 000

3 Beds | 2 Baths | 2 Lounges | 2 Dining Rooms | Veranda | Pool | 2 Garages

A modern, North facing family home, open plan living for everyday life as well as the formal dining area and a large pub/games room and pool area. Private, excellent address and easy access to the local schools and the Hilton village, set at the end of a quiet cul de sac. Follow boards from Crossways along Cedara Road to Vlei Road. ON SHOW SUNDAY 2.30 – 4.30 | Web: KHT33838

Jane Lait C 072 107 1748 | T 033 343 3345 E jane.lait@harcourts.co.za

Barbara Rogers C 082 802 5956 | T 033 343 3345 E barbara.rogers@harcourts.co.za

ON SHOW SUNDAY

NORTHERN PARK HOUSE WITH FLAT R1 395 000

3 Beds | 1 Bath | 1 Lounge | 1 Dining Room | Pool | 2 Garages | 2 Carports

This home is an ideal family home, a stone’s throw away from Northern Park School and within walking distance to the Liberty Mall. In addition, there is a self-contained flatlet which could generate extra income, double garage and double carport. If you are unable to make the show day please feel free to call me to arrange a viewing. Follow boards from Townbush and Chase Valley Intersection. ON SHOW SUNDAY 2.30 – 4.30 | Web: KHT34222 Michelle Byres C 072 120 6160 | T 033 343 3345 E michelle.byres@harcourts.co.za

R2 950 000

HILTON GARDENS BEAUTY R2 450 000

MERRIVALE’S SERENITY R749 000

Lovely family home in Gowrie Village. Three bedrooms, two bathrooms, mes, lounge, dining room and modern kitchen PLUS office and study. Double storey home with veranda. Double garage with auto doors. In lovely condition. Security access.

Upmarket, stylish and well designed for our South African climate with great outdoor living space overlooking the pool and perfectly level garden. Equipped with all the additional extras like rain water tanks, water purification system, large generator and air cons and 5* gourmet kitchen. 3 family bedrooms and a separate guest suite and study/office. Add to this a second guest suite or staff accommodation. Well situated close to Grace College, and Hilton Private Hospital.

3 Bedroom, 1 en-suite bathroom, with a guest bathroom, spacious lounge and dining room area, single garage, covered patio within your own space in a secure complex. Easy access to main roads N3 and local schools and amenities. This sought after complex offers affordable living with a levy that won’t break the bank. Don’t delay and miss out on getting onto the property ladder.

NOTTINGHAM ROAD

3 Beds | 2 Baths | 1 Lounge | 1 Dining Room | 2 Study | 2 Garages

VIEW BY APPOINTMENT | Web: KNH3845 Roger Nevin C 082 555 3995 | T 033 343 3345 E roger.nevin@harcourts.co.za

EXECUTIVE GARLINGTON APARTMENT R2 900 000

INVESTMENT ESTATE LIVING LAND R 1 350 000

Here is an opportunity to own an executive Garlington front row apartment with breathtaking views. Enjoy modern spacious lock up & go living in a secure environment, with all the added facilities that the exclusive Garlington Estate offers such as the gym with indoor swimming pool, tennis courts, and the trendy Teachers Restaurant. Run, walk and cycle in safety and enjoy the spectacular surroundings. Call me to view.

Priced extremely well, this 1000sqm plot of land is in one of the Midlands’ Premier Estates – Highgate Wine Estate. Build your dream home here and enjoy the upper echelon lifestyle. Adjacent to Piggly Wiggly and across the way from St Ives - purely wonderful.

VIEW BY APPOINTMENT | Web: KHT34258 Trish Parsons C 082 904 3157 | T 033 343 3345 E trish.parsons@harcourts.co.za

VIEW BY APPOINTMENT | Web: KHT28794 Glenn Titmus C 072 686 1412 | T 033 343 3345 E glenn.titmus@harcourts.co.za

3 Beds | 2 Baths | 1 Lounge | 1 Dining Room | 1 Garage

HILTON

R 3 500 000

4 Beds | 4 Baths | 2 Lounges | 1 Dining Room | Pool | 2 Garages | 3 Carports

A great position in central Hilton and a short walk to the schools and shops. A mature garden on 3 separate erf of over 5000 sqm of land. One of the original homes of Hilton with Oregon pine floors and big rooms and all the modern conveniences in a stunning open plan kitchen and good bathrooms. In addition there are 2 income earning cottages, a pool and plenty of undercover parking. VIEW BY APPOINTMENT | Web: KHT34252 Brian Wilkes C 082 417 6166 | T 033 343 3345 E brian.wilkes@harcourts.co.za

.co.za

HILTON FLAT

R1 150 000

2 Beds | 2 Baths | 1 Lounge | 1 Dining Room | 2 Carports

An upstairs unit with beautiful light and bright open plan living. A sunny veranda, double carport and a separate laundry/ storeroom. Within easy access to Hilton Quarry, the N3, Hilton Private Hospital and our awesome local schools (St Annes, Laddsworth, Hilton College, Grace College and Hilton Pre Primary). This is an excellent investment! VIEW BY APPOINTMENT | Web: KHT33998 Cathy Fitzpatrick C 083 234 4864 | T 033 343 3345 E cathy.fitzpatrick@harcourts.co.za

4 Beds | 3 Baths | 1 Lounge | 1 Dining Room | 1 Carport | Pool | 2 Garages

VIEW BY APPOINTMENT | Web: KHT33962 Cathy Fitzpatrick C 083 234 4864 | T 033 343 3345 E cathy.fitzpatrick@harcourts.co.za

HILTON CENTRAL

R1 799 000

4 Beds | 3 Baths | 1 Lounge | 1 Dining Room | 1 Study | 2 Garages

VIEW BY APPOINTMENT | Web: KHT33954 Cathy Fitzpatrick C 083 234 4864 | T 033 343 3345 E cathy.fitzpatrick@harcourts.co.za

HILTON

R2 195 000

3 Beds | 2 Baths | 1 Lounge | 1 Dining Room | 1 Carport | 2 Garages

This country estate will suit a busy city dweller looking to retreat to a private property or for a ‘lock up and go’. This cosy home offers front and back covered verandas for those warm summer days and extended entertaining. A welcoming gem! VIEW BY APPOINTMENT | Web: KHT33943

Shirley Stephenson C 083 292 0599 | T 033 343 3345 E shirley.stephenson@harcourts.co.za

R2 850 000

5 Beds | 4 Baths | 3 Lounges | 2 Dining Room | Pool | 2 Garages | 2 Carports

An exceptionally stylish home with that wow factor has been beautifully designed and offers open plan living, a custom designed kitchen and all the bells and whistles! An entertainers dream in the heart of Hilton. View by appointment only. VIEW BY APPOINTMENT | Web: KHT33797 Shirley Stephenson C 083 292 0599 | T 033 343 3345 E shirley.stephenson@harcourts.co.za

VIEW BY APPOINTMENT | Web: KHT33984

Cameron Day C 082 530 3366 | T 033 343 3345 E cameron.day@harcourts.co.za

A warm and inviting, comfy family home with easy access to Hilton village and the N3. Ample charm is on offer in this well loved home which has been modernised for easy family living but still has the warmth and character we expect from a grand old lady! 3 bedrooms within the home, and a separate flatlet/ guest suite PLUS large, light and bright studio or home office. Private pool area, fire pit and more.

HILTON

3 Beds | 2 Baths | 1 Lounge | 1 Dining Room | Carport | 1 Garage

HILTON – A GRADE OFFICE SPACE TO LET R140/m2 excl. VAT Only 400m2 left in this beautiful brand new office block situated on Hilton Avenue. Fibre optic internet connection, back-up generator, water tanks and plenty of parking! Don’t miss out on this spot, call me to view! VIEW BY APPOINTMENT | Web: KHT32653/KHT32648/ KHT32645/KHT32643 Melissa Line C 082 495 0655 | T 033 343 3345 E melissa.line@harcourts.co.za

Experts in home finance.

privateproperty .co.za

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Ingliside Office Park, 29 Howick Road Tel: 033 342 3060/033 342 0841 Cell: 084 510 3099 Email: adminpmb@infoprop.co.za REAL EXPERIENCE - REAL COMMITMENT - REAL ESTATE NAPIERVILLE R875 000 CHASE VALLEY

ON SHOW

SUNDAY FROM 2 - 4PM

ON SHOW

R 539 000 – R 729 000

NORTHDALE

R895 000

CLARENDON

R1 259 000

SUNDAY FROM 2 - 4PM

Furbished 2 bed home with views.

Brand New Upmarket Units In Complex Elevated 3 bedroom home, outbuilding and garage with Upmarket new development in sought after lovely views. Newly furbished with fresh paint, tiles and built in cupboards. Follow boards from Roy Campbell Chase Valley! Follow boards from Chase Valley Road, into

Bargain buy 3 bed, 2 bath home

Drive, into Arum Road, into Aalwyn Road.

Michelle Hiscutt - 084 510 3099

Connor Road.

This well built family home offers everything in a good and secure neighbourhood. Don’t miss out call the agent for an exclusive viewing.

michelle.hiscutt@infoprop.co.za

michelle.hiscutt@infoprop.co.za

Rina Naicker - 076 741 3142

rina.naicker@infoprop.co.za

Michelle Hiscutt - 084 510 3099

Beds - 3 | Baths - 2 | Carport - 2 | Pool

Spacious 185m2 home in secure complex Beds - 3 | Baths - 2

3 bed 2 bath, clean and well maintained home ion sought after Roberts Road.

Michelle Hiscutt - 084 510 3099

michelle.hiscutt@infoprop.co.za

To view all our listed properties visit www.infoprop.co.za

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PROCEDURE PRESCRIBED BY SECTION 24 OF THE SECTIONAL TITLES ACT 95 OF 1986? If the habitable space in the unit increases, it becomes a larger section, which means section 24 of the Sectional Titles Act applies, resulting in the PQ factor being higher and thus the levy will also be higher.

not approve a draft sectional plan of extension, unless it was prepared in accordance with the Act and the applicable documents have been submitted to him or her in terms of the provisions of the Act.

1. The owner must obtain the approval of the body corporate, authorised by a special resolution. It is not uncommon for the body corporate, before giving consent by way of special resolution, to require proof that the local authority will approve the building plans.

4. Regulation 23 deals with the registration of approved sectional plans of extensions of sections, and states that the application must be submitted to the Registrar of Deeds under prescribed Form O, contained in Annexure 1 to the Regulations.

2. An amending sectional plan of extension showing the section extension must be drawn, approved by the Surveyor-General and registered at the Deeds Registry. The owner will therefore need to appoint a land surveyor or architect to submit a draft plan of extension to the Surveyor-General for approval. 3. The submission of the draft sectional plan of extension of a section to the Surveyor-General must be done as prescribed, and must be accompanied by: 3.1. a certificate issued by an architect or land surveyor stating that the proposed division into sections and common property is not contrary to any operative town planning scheme, statutory plan or conditions subject to which the development was approved in terms of any law, that may affect the development; and 3.2. An adjusted participation quota schedule, as the extension of any section will affect the participation quotas allocated to all sections. The Surveyor-General will

5. An application to the Registrar of Deeds for the registration of a sectional plan of extension of a section must be accompanied by: a. two copies of the sectional plan of extension of the section; b. the sectional title deed of the section to be extended; c. any sectional mortgage bond to which the section may be subject, together with a certificate by a land surveyor or architect stating that there is not a deviation of more than ten percent (10%) in the participation quota of the relevant section as a result of the extension; or if there is a deviation of more than 10%, a certificate by the conveyancer stating that the mortgagee of each section in the scheme has consented to the registration of the sectional plan of extension of that section; and d. any other documents that may be prescribed. 6. If the extension of the section causes a deviation of more than 10% in the participation quota of the section, then the owner must send a notice by registered post to each mortgagee giving details of the mortgage bond; the mortgagor and the reference number of the mortgage loan (if any); the proposed extension in relation to its size and location; and the

impact on the security of such mortgagee as to the diminution of the participation quota allocated to the mortgage unit. If a response, to the notice, is not received by the owner within 30 days of the posting of the notice by registered post, it shall be deemed that the mortgagee does not have any objection to the proposed extension, and that the mortgagee consents thereto. 7. When the requirements of section 24 of the Act, and of any other relevant law have been complied with, the Registrar of Deeds must register the sectional plan of extension, and must make an appropriate endorsement on the title deed. The Registrar will allot a distinctive number to the plan.

8. The Registrar must then furnish a copy of the sectional plan of extension to the local authority concerned, and must notify the Surveyor-General of the registration of the plan. The Surveyor-General must then amend the original sectional plan, and the copy held at the Deeds Office to reflect the extension of a section. 9. The sectional plan of extension of a section will, upon the registration, be deemed to be incorporated in the registered sectional plan of the scheme. Furthermore, such plan is deemed to be part of the sectional title deed, and an owner’s title to his or her section and his or her undivided share in the common property is subject to, or benefited by, the servitudes, other real rights or conditions (if any) which burden or benefit the land shown on the sectional plan, and to any registrable condition imposed by a developer.

Jershwin Khan | Conveyancing Attorney

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.

Colin Rodger

EXCLUSIVE MANDATES

HAYFIELDS MALL 082 784 3123

033 386 6623 PELHAM DUPLEX R725 000

Landlords and tenants. Call us TODAY!

RentalsDOTcom First Choice 033 394 0789

Albie 082 553 9921 | Beverley 072 417 1068 beverley.smith@rentalsdotcom.co.za 201 Burger Street, Pietermaritzburg

A super 2 bedroomed clinker brick unit with plenty bic’s, guest toilet downstairs, good sized lounge, well fitted kitchen and gardens front and rear. Garage too.

BUYING OR SELLING Now into our 35th year in the local property market and fully compliant within all aspects of our Industry as directed by The Estate Agency Affairs Board. Members of The Institute of Estate Agents of South Africa. We’re next to FNB.

OAK PARK MASTERPIECE R3 000 000

PANORAMA GARDENS 3 BEDROOMS R695 000

Top of the range 4 bedroomed Townhouse in pristine condition throughout. 2 lounges, magnificent kitchen, 2 garages, 2 north facing verandas, communal pool and court etc

Back on the market. Fully tiled 3 bedrooms with an en-suite and second bathroom, enormous lounge, lovely fitted kitchen with oven, double garage and views - Super value!

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