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| automatic deletion of certain restrictive conditions in the kzn planning and development act, is making life easier………….. | | | | Date: 02 Jul 2010 | back | | | Buyers and sellers in KwaZulu-Natal now have relief from the frustration of dealing with restrictive conditions contained in property title deeds.
Changes introduced by the KZN Planning and Development Act of 2008, means that certain conditions, such as the sub-division of land, are now automatically deleted by operation of law in the province.
According to Sifiso Msomi of Shepstone & Wylie Attorneys, this makes the application for the removal of restrictive conditions on properties far easier with much less legal red tape.
“Conveyancers who are drafting transfer documents relating to properties in KZN - which contain any of the restriction conditions - should leave them out in their draft deeds as they are no longer of any force and effect,” comments Msomi.
These restrictions, that should now be deleted from deeds, include conditions which:
*prohibit the subdivision of the property;
*restrict the use of the property to a dwelling house or residential purpose;
*prohibit the erection of a row of tenement houses, a boarding house, a hotel or a block of residential flats on the property;
*require the walls of buildings to be constructed of burnt brick, stone, concrete or other permanent and fireproof material;
*prohibit the construction of buildings of iron or asbestos sheeting or similar material fixed to a framework of wood or metal;
*prohibit the construction of a roof of corrugated iron or other type of iron; or
*require the submission of building plans;
However Msomi cautions that this only applies to conditions registered against a registered deed that is in favour of: the Premier, the responsible member of the KZN Executive Council, or the General Public; but not where it is in favour of a specified person or entity.
So if the condition has been stipulated by a private developer or in a development or sectional title scheme, the restriction still holds and cannot be automatically deleted from the deed, he explains.
The major effect of the changes is that there is no longer any need to bring an application in terms of the Removal of Restrictive Act to have the stated conditions removed from the title deeds as they are now deleted by operation of law.
Msomi says that this translates into cost and time savings for buyers and makes the process of applying for the removal of these conditions shorter and easier.
Ends
| | | | | | | Please note that this LAW REVIEW is published for your information only. It does not purport to be comprehensive or to provide specific legal advive. You should not act on the information given in this publication without first obtaining professional advice. |
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