Property

[MadJan]

Hello All,

Anyone with any knowledge re property sale, specifically in terms of real rights where just a portion of the property is sold.

I have sold a portion of my property under the real rights section...well its still in the process of transfer, etc. Due to the fact that i am selling to a family member i have given consent for them to resume the building on the property which was vacant....however on closer inspection of the site plan i see that the agreed sqm according to the purchase and sale agreement is not what has been beaconed off by the engineer. An example...i agreed to sell 450sqm, the purchase/sale agreement says 450sqm. The site plan shows 452sqm, bear in mind it won't just be an additional 2sqm but more along the lines of 2sqm x lets say 20m. Correct me if i am wrong in thinking that this was very sneaky of them?
Now in terms of the transfer...whats going to happen? will the deeds office overlook this? or will the transfer be rejected? will they ask for us to amend the purchase/sale agreement?
I have not spoken to my attorney re this as yet, just thought i'd get some feedback from someone on the forum?

[Doug B]

Hi MadJan, Im Doug B from Remax and your question is an interesting one. Give me a few days and I'll have your answers.

[Doug B]

Dear MadJan, the Deeds Office keeps two records of measurements of the size of a property. The one is known as the Registered Measurement and the other the Cadastral Measurement. There is ALWAYS a difference between these two measurements, sometimes as much as 80m2. Quick answer to your question, the Deeds Office will not reject the transfer.