Good day.I am in the process of purchasi...

Asked by allisterp on 09-01-2020 12:00:21
Question posted in the Property Law category relating to KwaZulu-Natal

Good day.

I am in the process of purchasing a house as a private sale using a sale agreement with a voetstoots clause and no guarantees about boundaries and pegs. The homeloan has been approved and the conveyance lawyers are processing the transfer. However, I recently found out that there might be and encroachment of on the property I am purchasing. The neighbour has built a house slightly over the boundary on one side. I would like to find out who is responsible for this. Is this something which should have been disclosed by the seller before the sale concluded. Or am I at fault for not picking this up previously? Any advise would be highly appreciated. 



Message from the Lawyer

Posted by Att. Patrick on 10-01-2020 11:21:06

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

The answer to your question depends largely on the facts of the matter!

What is the extent of the alleged encroachment? How many square meters? How big is the property that you are purchasing?

How did you find out about the alleged encroachment? Does the seller know about the alleged encroachment? How long ago was the house next door built which created the alleged encroachment?

Would you have still purchased the property for the same price had you known about the alleged encroachment?

Do you think that the alleged encroachment is material to the contract? In other words, would you NOT have purchased the property if you had known about the alleged encroachment, or would you have paid less?

Att. Patrick

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

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