I remember when I bought my first house with the idea of it becoming a home for my family (+-18 Years ago). Since then legislation changed and this caused a few extra landmines on the road to a successful homeowner.
You have finally found your dream home in the right neighbourhood, took the plunge and signed the deed of sale. You cannot wait to move in, but upon inspection of the building plans, you find out that the cosy granny flat that you intended to use as an art studio is not on the building plan. All too often in circumstances such as these, the Purchaser will simply be answered by the Seller with a raised defence of the ‘voetstoots’ clause.
Very often we hear people say that the “voetstoots” clause is no longer applicable to property transactions. But this is simply not true.
The “voetstoots” clause is still alive and well in all private once off property transactions.
The word “Voetstoots” is Dutch in origin and means “sold as is” or “sold as it stands”. This legal term is for the protection of the Seller against liability for patent or latent defects.
A patent defect is one which is obvious and easily seen with reasonable inspection, like a broken window or crack in the wall. A latent defect is one which is hidden and not easily seen, like a leaking roof or hidden damp.
So your neighbour’s trees are hanging over your wall, now what? Act within your rights.
It is general principle that the Property Owner is entitled to the use and enjoyment of the property provided that such use and enjoyment should not cause unreasonable damage or inconvenience to a neighbour, ie, interferes with his right of use and enjoyment.
