HPLW230-1: Property Law-Research Essay - Law Assignment Help

Assignment Task

The following Learning Outcomes are assessed in this assessment:

• Understand restrictive conditions.

• Briefly discuss how conditions of title may be removed or amended.

Question 1

“Guesthouses and bed and breakfast establishments (B&Bs) have grown tremendously in popularity throughout South Africa. Most of them are situated in residential areas and are part of, or linked to, an existing dwelling on a property. They are normally operated by the home owner, who usually (but not always) resides on the property. Travellers are attracted by competitive rates, personal service and an informal atmosphere in homely surroundings away from the hustle and bustle of the inner city. The home owner, in turn, is attracted by the income generating potential of the venture and the relative ease with which the operation can be conducted on site from home. The quality and nature of the establishments vary from the very basic to ultra luxurious, some offering facilities and accommodation comparable to (perhaps even exceeding) the best offered by some top hotels. In fact many guesthouses come close to being boutique hotels, having extensive guest facilities and a variety of accommodation options, such as luxurious suites and self-catering apartments. Guesthouses and B&Bs also differ in size and get-up, many comprising no more than one or two of the existing bedrooms in a house. Others have five or more bedrooms specifically built and designed by an owner for the purposes of operating a guesthouse on his property. In the latter instance the bedrooms often do not adjoin the existing dwelling on the property, but constitute a free-standing building on the property. Another variation is where an entire house is converted into a guesthouse, with the owner residing in a flatlet on the property. Most guesthouses, like B&Bs, provide breakfast while many also cater for supper. Given the increasing demand for guesthouse accommodation on the part of both tourists and business travellers, it is not surprising that many property owners are keenly contemplating embarking on a guesthouse venture. Obviously many aspects need to be considered, including the legal issues”.

Required

Restrictive conditions are restrictions on the use of land and are usually registered against the title deed. Discuss the circumstances where restrictive conditions will be applicable, especially in the case of land use applications for the establishment of guesthouses in a residential area. Further discuss the type of restrictive conditions that will be applicable, how conditions of title may be removed or amended and refer to at least one relevant judgment where the aspect of restrictive conditions registered against the title deed was challenged by the owner of the property.

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