In recent months, most court applications for the removal of restrictive conditions in title deeds within the Eastern Cape have been placed on hold. The reason being because of uncertainty whether, in light of the coming into effect of The Spatial Planning and Land Use Management Act, 16 of 2013 (SPLUMA) the court still had the authority to deal with such applications.
An Application for the Removal of Restrictive Conditions in Title Deeds become necessary when a homeowner undertakes or intends undertaking certain renovations on their property or building a flat or separate property on their land with the intention of subdividing it. It is usually in these instances, once plans have been submitted to the relevant local authority for their approval, that one finds that there are certain conditions within one’s title deed which prevent one from undertaking the intended renovations or building. It is usually the local authority, at that stage, who would bring the restrictive conditions to your attention and advise you to apply for their removal by the Registrar of Deeds.
These restrictive conditions are usually archaic in nature having been included in title deeds decades ago and it is therefore likely that, if such Applications are brought and the necessary procedures followed, the court will grant an order authorising the deletion or removal of such restrictive conditions. The handing down of the judgement by the full bench of the Eastern Cape High Court in the matter of Ex Parte Mark Gregory Whitfield and several others on 28th March 2017 has clarified this uncertainty and it has been found that the court still holds the authority to allow for the removal of restrictive conditions in title deeds. Our Offices have much experience in the launching and successful finalisation of such applications for client’s and doing so at a competitive fee. Contact our Offices on 043 555 0243 to set up an appointment to discuss your property needs.
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