COURT RULING: In December 2014, some R 1 Million was awarded to a new owner, as the previous owner had failed to disclose a planned road reserve in Kyalami.
The purchaser had, no less, purchased from an owner agent (who should definitely know better)! Ouch!
COURT RULING: In December 2014, some R 1 Million was awarded to a new owner, as the previous owner had failed to disclose a planned road reserve in Kyalami. The purchaser had, no less, purchased from an owner agent (who should definitely know better)! Ouch!
By informing, we serve. “I am heartened to find so much wit in you, that you'd give thought to consequences and choose your way with reason, not passion only.” ― Deborah J. Lightfoot, The Wysard
Many do not agree with the road networks and many believe that they will be stopped.
Regardless, the road networks that are coming through here are vital knowledge for any seller or buyer.
Indeed, not disclosing the information is fraud in the eyes of the laws of this country, and so we ensure that if we are commissioned to market anyone’s property, we will not be denying the would-be purchaser the benefits of this information.
To do so is to open seller, purchaser and ourselves up to legal action. Our company won an arbitration battle on this very point in 2011 that began in 2008 (3 years of “un”fun), in Glenferness, which once again cost the seller.
So most certainly as agents, we are not afforded the privilege of any personal views, unless it is legally decided otherwise.
We have heard yet other agents claim that if a road reserve is not fulfilled within a period of 30 years it is then voided. This is a confusion of an enactment that legally acknowledges a servitude as a right of way in the event that it HAS BEEN fulfilled (used) for 30 years without the owner prohibiting its use. Road reserved can only ever be voided legally by the authorities, or via a ruling.
Personal views or pending objections/cases are, without doubt, irrelevant in a court of law as far as the sale of your property is concerned. Please, be sure to mention any reserves that may impact the property if you are selling.