Common use of CONDITIONS OF TITLE AND OWNERSHIP Clause in Contracts

CONDITIONS OF TITLE AND OWNERSHIP. 3.1 The Property is purchased as vacant land by the Purchaser for the purpose of erecting a residential dwelling thereon. 3.2 Insofar as is allowed by the CPA, the property is sold voetstoots. 3.3 The Property is sold subject to all conditions and servitudes contained in the existing title deeds and any conditions and servitudes imposed by the Developer, Master Management Association, if applicable, Association, Municipality or any other authority in approving the Property as a separate subdivision. 3.4 The Purchaser shall be obliged to accept transfer of the Property subject, inter alia, to: - 3.4.1 the conditions, reservations and servitudes which burden the Property; 3.4.2 any change in the description of the Property; 3.4.3 a condition registered against the title deed to the Property to the effect that the Property, or any portion thereof or interest therein shall not be alienated, leased or transferred without the written consent of the Association and the Master Management Association, if applicable, first having been obtained (provided that the Association’s and Master Management Association’s, if applicable, consent shall not be required for the first transfer of any property from the Seller nor for the simultaneous mortgage of any such property). 3.4.4 the conditions in favour of the Developer and the Association and any supplier of services to Xxxxxx and/or Xxxxxx as set out in this Contract as the Seller may in its sole discretion require and in such form as the Registrar of Deeds may permit. 3.5 The Purchaser acknowledges that he has satisfied himself as to the nature, locality and extent of the Property and the Seller shall not be liable for any deficiency in the extent therefore nor shall it benefit by any surplus. 3.6 The Purchaser further acknowledges that in obtaining township establishment approvals a general geotechnical report has been obtained for Xxxxxx. However, it shall be incumbent upon the Purchaser, at the Purchaser’s cost, to obtain a geotechnical report relating specifically to the Property prior to commencement of building operations. 3.7 The Purchaser acknowledges that during the course of installation of infrastructure and services to Xxxxxx and the Property, the natural ground levels may have been or may be altered and cut and fill methods adopted. The Purchaser undertakes to take this into account in the planning, design and construction of buildings to be erected on the Property. The Purchaser shall have no claim or rights of action against the Seller in respect of any infrastructure, installation, altered natural ground levels or cut and fill methods adopted. 3.8 In no way detracting from the generality of the aforesaid or any other provision contained in this Contract, it is specifically recorded that the Seller does not warrant that the Property is suitable for the Purchaser’s proposed use thereof. 3.9 In no way detracting from the generality of the aforesaid or any other provision contained in this Contract, it is specifically recorded that there shall be no obligation on the Seller to clear any vegetation on the Property.

Appears in 3 contracts

Samples: Contract of Sale, Contract of Sale, Contract of Sale

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CONDITIONS OF TITLE AND OWNERSHIP. 3.1 The Property is purchased as vacant land by the Purchaser for the purpose of erecting a residential dwelling thereon. 3.2 Insofar as is allowed by the CPA, the property is sold voetstoots. 3.3 The Property is sold subject to all conditions and servitudes contained in the existing title deeds and any conditions and servitudes imposed by the Developer, Master Management Association, if applicable, Association, Municipality or any other authority in approving the Property as a separate subdivision. 3.4 The Purchaser shall be obliged to accept transfer of the Property subject, inter alia, to: - 3.4.1 the conditions, reservations and servitudes which burden the Property; 3.4.2 any change in the description of the Property; 3.4.3 a condition registered against the title deed to the Property to the effect that the Property, or any portion thereof or interest therein shall not be alienated, leased or transferred without the written consent of the Association and the Master Management Association, if applicable, Association first having been obtained (provided that the Association’s and Master Management Association’s, if applicable, ’s consent shall not be required for the first transfer of any property from the Seller nor for the simultaneous mortgage of any such property). 3.4.4 the conditions in favour of the Developer and the Association and any supplier of services to Xxxxxx and/or Xxxxxx Estate as set out in this Contract as the Seller may in its sole discretion require and in such form as the Registrar of Deeds may permit. 3.5 The Purchaser acknowledges that he has satisfied himself as to the nature, locality and extent of the Property and the Seller shall not be liable for any deficiency in the extent therefore nor shall it benefit by any surplus. 3.6 The Purchaser further acknowledges that in obtaining township establishment approvals a general geotechnical report has been obtained for XxxxxxXxxxxx Estate. However, it shall be incumbent upon the Purchaser, at the Purchaser’s cost, to obtain a geotechnical report relating specifically to the Property prior to commencement of building operations. 3.7 The Purchaser acknowledges that during the course of installation of infrastructure and services to Xxxxxx Estate and the Property, the natural ground levels may have been or may be altered and cut and fill methods adopted. The Purchaser undertakes to take this into account in the planning, design and construction of buildings to be erected on the Property. The Purchaser shall have no claim or rights of action against the Seller in respect of any infrastructure, installation, altered natural ground levels or cut and fill methods adopted. 3.8 In no way detracting from the generality of the aforesaid or any other provision contained in this Contract, it is specifically recorded that the Seller does not warrant that the Property is suitable for the Purchaser’s proposed use thereof. 3.9 In no way detracting from the generality of the aforesaid or any other provision contained in this Contract, it is specifically recorded that there shall be no obligation on the Seller to clear any vegetation on the Property.

Appears in 3 contracts

Samples: Contract of Sale, Contract of Sale, Contract of Sale

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CONDITIONS OF TITLE AND OWNERSHIP. 3.1 The Property is purchased as vacant land by the Purchaser for the purpose of erecting a residential dwelling thereon. 3.2 Insofar as is allowed by the CPA, the property is sold voetstoots. 3.3 The Property is sold subject to all conditions and servitudes contained in the existing title deeds and any conditions and servitudes imposed by the Developer, Master Management Association, if applicable, Association, Municipality or any other authority in approving the Property as a separate subdivision. 3.4 The Purchaser shall be obliged to accept transfer of the Property subject, inter alia, to: - 3.4.1 the conditions, reservations and servitudes which burden the Property;; READ ONLY 3.4.2 any change in the description of the Property; 3.4.3 a condition registered against the title deed to the Property to the effect that the Property, or any portion thereof or interest therein shall not be alienated, leased or transferred without the written consent of the Association and the Master Management Association, if applicable, first having been obtained (provided that the Association’s and Master Management Association’s, if applicable, consent shall not be required for the first transfer of any property from the Seller nor for the simultaneous mortgage of any such property). 3.4.4 the conditions in favour of the Developer and the Association and any supplier of services to Xxxxxx and/or Xxxxxx as set out in this Contract as the Seller may in its sole discretion require and in such form as the Registrar of Deeds may permit. 3.5 The Purchaser acknowledges that he has satisfied himself as to the nature, locality and extent of the Property and the Seller shall not be liable for any deficiency in the extent therefore nor shall it benefit by any surplus. 3.6 The Purchaser further acknowledges that in obtaining township establishment approvals a general geotechnical report has been obtained for Xxxxxx. However, it shall be incumbent upon the Purchaser, at the Purchaser’s cost, to obtain a geotechnical report relating specifically to the Property prior to commencement of building operations. 3.7 The Purchaser acknowledges that during the course of installation of infrastructure and services to Xxxxxx and the Property, the natural ground levels may have been or may be altered and cut and fill methods adopted. The Purchaser undertakes to take this into account in the planning, design and construction of buildings to be erected on the Property. The Purchaser shall have no claim or rights of action against the Seller in respect of any infrastructure, installation, altered natural ground levels or cut and fill methods adopted. 3.8 In no way detracting from the generality of the aforesaid or any other provision contained in this Contract, it is specifically recorded that the Seller does not warrant that the Property is suitable for the Purchaser’s proposed use thereof. 3.9 In no way detracting from the generality of the aforesaid or any other provision contained in this Contract, it is specifically recorded that there shall be no obligation on the Seller to clear any vegetation on the Property.

Appears in 2 contracts

Samples: Contract of Sale, Contract of Sale

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