Hello hiOk so there is going to be a hou...

Asked by SAbra on 24-05-2021 13:43:16
Question posted in the Property Law category relating to Eastern Cape

Hello hi

Ok so there is going to be a house on sheriff auction in port elizabeth 

I want to bid on it

The government  Gazette  entry of the property  being sold have the usual writing pertaining  to a house being sold on auction

This is part of the government Gazette  entry of the property that I need clarity on

SUBJECT FURTHER TO A RESTRICTION OF ALIENATION IN FAVOUR OF NELSON MANDELA METROPOLITAN MUNICIPALITY. SUBJECT FURTHER TO A RESTRICTION OF ALIENATION IN  FAVOUR OF DEPARTMENT OF HOUSING LOCAL GOVERNMENT AND TRADITIONAL AFFAIRS OF THE PROVINCIAL ADMINISTRATION OF THE EASTERN CAPE

I want to bid on the house

I did some research  what I can tell of alienation  law is that Nelson Mandela metropolitan  municipality and department of housing local government and traditional affairs  of the provincial administration  of the eastern  cape have first privilege to buy the property  if it's being sold???

I want to know what this mean

SUBJECT FURTHER TO A RESTRICTION OF ALIENATION IN FAVOUR OF NELSON MANDELA METROPOLITAN MUNICIPALITY. SUBJECT FURTHER TO A RESTRICTION OF ALIENATIONIN FAVOUR OF DEPARTMENT OF HOUSING LOCAL GOVERNMENT AND TRADITIONAL AFFAIRS OF THE PROVINCIAL ADMINISTRATION OF THE EASTERN CAPE

Thanks in advance

Information Requested by Lawyer

Posted by Att. Patrick on 26-05-2021 13:20:47

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

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Do you mind if I take a moment to review your question? I will come back to you shortly!

Att. Patrick

Answer to the Question

Posted by Att. Patrick on 26-05-2021 13:22:59

You are 100% correct in your understanding. 

That clause means that the Nelson Mandela metropolitan municipality and department of housing local government and traditional affairs of the provincial administration of the eastern cape has the first right to buy the property if you want to sell it in the future.

So you can buy it on auction, and if you want to sell it in the future, you must offer it to them. If they don't want it, you can sell it to a third party. 

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question. 

Att. Patrick 

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Answer Accepted

This answer was accepted on 26-05-2021 13:29:31

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