• Individual rights on the premises ( e . g . right to way servitude )
• No building or other structure may be erected within the servitude area
• No large-rooted trees may be planted within the servitude area
• The appearance ( e . g . building material , colours etc ) of structure that may be erected .
• The applicable building setbacks lines .
• Restrictions with respect to the height or bulk of buildings that may be erected .
• Conditions pertaining to the size of the plot .
• The provision of public service infrastructure to and across the premises ( e . g . pipelines ).
Simply put , these restrictive conditions limit the owners ’ use and enjoyment of their own property in the sense that they often indicate a limitation or prohibition on some action by the property owner . Often development or proposed land use may be prohibited or even restricted from being implemented due to title deed conditions imposed against the property .
How can a Potential Property Owner Avoid These Conditions Prior to Purchasing a Property ? Quite often , before purchasing properties buyers forget to familiarise themselves with the title deed and check if there any existing restrictive conditions against the property . It is therefore , advisable that before finalising their offers to purchase , buyers should request the transfer attorneys to obtain a copy of the title deed and consult with them to discuss any restrictive conditions therein , particularly where these conditions may impact on their future plans .
Generally statutory development control and title deed conditions often complement other existing land use and development rights that are administered by local authorities . As such , property owners may therefore be subject to both development rules and land use regulations in terms of the zoning scheme and as well as restrictive conditions registered in the title deed . In this instance , the local government is the competent authority for deciding on application to relax or suspend title deed conditions .
It is important to note that , restrictive conditions in a title deed take precedence over development rules and parameters as prescribed in terms of a zoning scheme . In other words , if your title deed contains restrictive conditions which conflict with the developmental parameters , the title deed conditions override the
28 OCT 2021 SA Real Estate Investor Magazine