EVERYTHING INCLUDING THE KITCHEN SINK?
EVERYTHING INCLUDING THE KITCHEN SINK?
-What is a fixture and what is not-
The golden rule of property law in South Africa is that everything built on or attached to the land, forms part of the land. The rule aims to protect land ownership and dates back to the Roman maxim superficies solo cedit, meaning what is on the surface yields to the land.
If a seller wishes to remove an item that is fixed to the property, for example a built-in cupboard or bar counter, then this must be stipulated in the agreement, to avoid any possible future misunderstanding.
Unfortunately, many agreements sell the property without any specific reference to fixtures.
Thus if parties are unsure, the following questions should be asked and the answers taken into account:
• Is the attachment of a permanent nature?
• Is it capable of being removed without causing damage?
• What was the intention of the seller when the fixture was attached?
It is critical to ensure that your sale agreements precisely detail every term and condition to which the parties are agreeing, and this must include fixtures and fittings.
10 May 2017
Author Welgedacht Properties
WELCEDACHT PROPERTIES?
021 913 4597