Immovable Property

Question 1

Types of Schemes/Acts

Answer 1

1. Share blocks control Act
2. Sectional Titles Act
3. Housing Development schemes for retired persons Act
4. Group housing scheme

Question 2

Discussion of Permanent Fixtures

Answer 2

1. To determine whether a particular attachment to land or a building is permanent, one must consider the nature of the attachment, its purpose, the manner of attachment and the intention of the owner of the attachment at the time when the attachment was made
2. One can, however, safely accept that water pipes, electricity cables, doors, window frames, baths and warm water geysers are permanent fixtures

Question 3

Deeds of Registar/Transfer

Title Deeds

Answer 3

1. The full names of both the previous and existing owners of the property
2. A full description of the property, including its measured size
3. Purchase price at which the existing owner paid for ownership
4. Conditions restricting the use or sale of property.
5. Limited real rights registered in respect of the property and the nature

Question 4

Rights

Answer 4

• Limited Real Rights - benefactor of the servitude
• Real right - Owner of the immovable property

Question 5

Type of Limited Real Right

Servitude

Answer 5

1. Personal Servitude
2. Praedial Servitude

Question 6

Personal Servitude

Answer 6

• Personal servitude vs personal capacity
  *

Question 7

Praedial Servitude