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What property restrictions mean for owners and buyers

What property restrictions mean for owners and buyers

Author: Pranil Maharaj
Date: 2017-02-24

Owning a property does not mean that the owner is entitled to do whatever they want to the property.

Every property in South Africa that is privately owned is subject to certain control measures, which may restrict the owner from making the changes they desire.

Before purchasing a home, it is in the buyer's best interest to check the title deed to see whether there are any restrictive conditions that exist on the property, especially if they plan on building on or changing the property in any way.

The aim of restrictive conditions in a title deed is to create a property or neighbourhood with specific characteristics that appeal to a certain demographic of resident. Some examples of restrictions include that the property may not be subdivided, the buildings may not be higher than two storeys, no business use of the property, only 50% of the stand may be covered or built on, all exterior walls must be a certain colour, and all structures must have a particular style roof, etc.

The buyer can stipulate that they are putting in an Offer to Purchase on the property subject to the restriction being lifted. Alternatively, they can accept the conditions and purchase the home with its subsequent restrictions.