Heritage Hill Devco (Pty) Ltd v Heritage Hill Homeowners Association (A541/13)
Heritage Hill Devco (Pty) Ltd v Heritage Hill Homeowners Association (A541/13) [2015] ZAGPPHC 310; 2016 (2) SA 387 (GP) (24 April 2015)
The court held that upon registration of the general plan, individual erven in the township came into existence and vested in the developer as registered owner. The Articles of Association contractually bound the developer to pay levies on all unsold erven. The appellant's reliance on the Kosmos Ridge decision was rejected, as the Deeds Registries Act clearly provides for the creation and registration of erven upon registration of the general plan, not only upon transfer to purchasers. The developer's liability for levies is consistent with the collective interests of all property owners and…
Source excerpt
- Levies On Unsold Erven
- Deeds Registries Act Interpretation
- Articles Of Association
- Developer Liability For Levies