OCCUPATION AND POSSESSION. 5.1. It is recorded that the buildings are presently in the course of planning.
5.2. The purchaser shall not have any claim of whatsoever nature against the seller for any damages or loss should the projected completion date be delayed or anticipated, but the completion date/occupation date, notwithstanding the date referred to in 1.21 shall be the date on which the seller shall advise the purchaser in writing (on not less than 30 (thirty) days written notice) on which the unit will be ready for occupation by the purchaser.
5.3. Save where the purchaser takes possession and occupation of the unit as contemplated in clause 5.2 above, possession and occupation shall be given to and taken by the purchaser on the completion/ occupation date, provided that prior to the completion/occupation date the purchaser has complied with his obligations in terms of clause 2 hereof, paid any costs which he may be liable for referred to in clause 6.4, the initial estimated levy, occupational rental, connection fees referred to in clause 22 hereof and the extras referred to in clause C(a)ii of the main agreement.
5.4. From the completion/occupation date until registration of transfer of the unit into the purchaser’s name, the purchaser shall pay to the seller occupational rental and levy in terms of 1.17 and 1.14 of the agreement of sale, payable monthly in advance on the first day of each and every month to the seller, or the seller’s attorneys until date of registration of transfer, pro-rated for periods of less than a month.
5.5. In the event of any dispute as to when or whether beneficial occupation of the unit has been given or tendered either in terms hereof, a certificate by the seller’s architect (acting as an expert and not as an arbitrator) certifying that the unit is suitable for beneficial occupation shall be final and binding on the parties – notwithstanding that the building as a whole or the common property may not have been completed or might not be suitable for beneficial occupation at such date. The completion date shall under no circumstances be deferred by the purchaser whether or not the unit is considered suitable for beneficial occupation by reason of any improvements, additions or alterations to be effected to the section by or at the request of purchaser not having been completed.
OCCUPATION AND POSSESSION. Occupation and possession of the property shall be given to the Purchaser by the Seller on the transfer date on which date all risk and benefit in and to the property shall pass from the Seller to the Purchaser.
OCCUPATION AND POSSESSION. 6.1. Occupation and possession of the property shall be given to the Purchaser by the Seller on the transfer date on which date all risk and benefit in and to the property shall pass from the Seller to the Purchaser.
6.2. If the date of transfer of the property to the Purchaser does not coincide with the date of occupation, then the Seller is entitled to occupation rental while the property is registered in the Seller’s name. The occupational rent shall be set at R per month plus VAT (if applicable).
6.3. Payment shall be made monthly in advance on the first day of each month;
6.4. If the liability for occupational interest commences or ceases during a month, a proportionate share in respect of the period up to the end of that month shall be payable or refundable, as the case may be, on the date of such commencement or cessation.
OCCUPATION AND POSSESSION. 3.1 Possession of the PROPERTY shall be given to the PURCHASER on the TRANSFER DATE.
3.2 Occupation of the PROPERTY shall be given to the PURCHASER on (“the OCCUPATION DATE”).
OCCUPATION AND POSSESSION. 5.1 Possession of the Property shall be given to the Purchaser on the Transfer Date.
5.2 Occupation of the Property shall be given to the Purchaser on the date specified in clause 6 of the Schedule ("the Occupation Date").
OCCUPATION AND POSSESSION. 11.1 It is recorded that the BUILDINGS are presently in the course of planning, under construction, or completed.
OCCUPATION AND POSSESSION. 3.1 Without waiver of the Contractor’s builders’ lien over the works, possession, profit and risk in and to the land shall pass from the Owner to the Purchaser on date of registration of transfer.
3.2 Notwithstanding 3.1 above, the Contractor may, in its sole and absolute discretion by written authority, consent and allow the Purchaser to take occupation and possession of the works prior to the registration date, in which event the Purchaser shall become liable to the Contractor for any amount paid by the Contractor in advance and the Purchaser shall become liable to pay the Contractor occupational interest at a rate equal to 1,8% of the building contract price monthly in advance from date of occupation or agreed occupation, whichever is the earlier, until date of registration, both days inclusive.
3.3 The Contractor shall at all times and until the works have been completed and the Purchaser has signed and handed to the Contractor the final completion form be entitled to enter and be present on the land for construction purposes. At no time whatsoever shall the Purchaser be entitled to make claim, attach or in any way claim possession or retention of any of the Contractor’s tools, equipment or building material and by signature hereof waived any rights which he may have in this regard.
3.4 The Purchaser shall be obliged to take occupation by not later than the last business day of the month in which the works have been completed, and it shall be the Purchaser’s responsibility to monitor progress of the works so as to enable him to make whatever arrangements may be necessary to enable him to take possession, including payment of any amounts that may be due to the Contractor.
OCCUPATION AND POSSESSION. 4.1 Possession and occupation of the property will be given to the PURCHASER and the PURCHASER shall be obliged to take possession thereof from which date the PURCHASER shall be liable for all municipal rates and taxes and/or fees payable on the property, and from which date the property shall be the sole risk, profit or loss of the PURCHASER. Should the SELLER have made any payment of such a nature for a period after the date of possession, he shall be entitled to a refund thereof pro rata to the period of prepayment.
4.2 If occupation is given to the PURCHASER before the date of transfer:-
i. The PURCHASER shall not be entitled to make any alterations to the property before transfer without the prior written consent of the SELLER, which consent shall be at the SELLER'S sole and absolute discretion.
ii. The PURCHASER shall be obliged to vacate the property forthwith upon cancellation of the sale for any reason whatsoever, it being agreed that no tenancy shall be created by any such prior occupation.
OCCUPATION AND POSSESSION. 5.1. The Seller shall give vacant occupation and possession of the property to the Purchaser on registration of transfer, and will levy occupational rental in the amount of R should occupation be granted prior to the date of registration of transfer.
OCCUPATION AND POSSESSION. 6.1. The PURCHASER shall be entitled to occupy and possess the property from and including date of registration of transfer from which date all benefits and risks of ownership in respect of the property shall pass to the PURCHASER.
6.2. From the date upon which the PURCHASER takes possession and occupation of the property the PURCHASER shall be liable for the payment of all rates, taxes, impos ts or other municipal charges and the Home Owners Association levies, levied thereon. Payment of these costs shall be effected to the Conveyancers immediately upon request by the SELLER or the Conveyancers to do so. Should the SELLER have made any payment of such a nature for a period after the date of possession and occupation, he shall be entitled to a refund thereof pro rata to the period of prepayment.
6.3. Should the PURCHASER take occupation before the date of transfer no tenancy shall thereby be created and under no circumstances will the PURCHASER acquire any lien or be entitled to any compensation for any improvements effected to the PROPERTY. Should this sale terminate for whatever reason prior to transfer, the PURCHASER shall be obliged to vacate the PROPERTY immediately.
