POSSESSION AND OCCUPATION. 11.1. The Purchaser shall be placed in occupation of the Property as close as possible to the Occupation Date. If the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
POSSESSION AND OCCUPATION. 3.1 The CONTRACTOR, its agents, servants and subcontractors shall at all times until the Works have been completed and the OWNER has signed and handed to the CONTRACTOR the final completion form, be entitled to enter and be present on the property for construction purposes. The CONTRACTOR shall further be entitled to enter into and be present on the property for purposes of completing minor works and snags listed on the snag list.
3.2 At no time whatsoever shall the OWNER 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 the OWNER waives all or any right which he may have acquired in this regard.
3.3 The OWNER shall be obliged to take occupation and possession of the Works at a date agreed upon between the parties but not later than 14 (fourteen) days after the handover date and it shall be incumbent on the OWNER to monitor progress of the Works in order to enable him to make whatever arrangements which may be necessary or required by him to:
3.3.1 take possession and occupation of the Works;
3.3.2 make payment of all or any amounts which may then still be due by him to the CONTRACTOR.
3.4 Should the OWNER fail to take occupation and possession of the Works as provided in clause 3.3 OR on such other date as may be agreed between the parties in writing –
3.4.1 it shall irrevocably be deemed for all purposes hereunder, that the OWNER has effectively and fully taken occupation and possession of the property and Works as set out in clause 3.3 and that all items on the snag list have been completed and accepted by the OWNER;
3.4.2 the CONTRACTOR shall not be responsible for any damages to the property after the deemed occupation date and the OWNER shall at his own cost provide security for the property against any vandalism and/or theft and/or any other damages thereto.
3.5 The CONTRACTOR shall, within 14 (fourteen) days from the commencement date as defined in clause 1.1.12, inform the OWNER of the estimated occupation date in writing. It is recorded that -
3.5.1 subject to the bond being registered and/or required proof regarding payment arrangements being submitted by the estimated building commencement date, the date on which the OWNER shall be able to occupy the property is estimated to be approximately 150 (one hundred and fifty) days after the commencement date, subject to the provisions of clause 5.6.
3.5.2 should the CONTRACTOR be unable...
POSSESSION AND OCCUPATION. POSSESSION: Possession will be given to the PURCHASER on date of registration from which date all benefits and risks of ownership in respect of the PROPERTY shall pass to the PURCHASER.
POSSESSION AND OCCUPATION. 7.1 The Purchaser shall be placed in possession and occupation of the Property on the Date of the delivery of a unconditional guarantee issued by a South African financial institution from which date the Property will be at the sole risk, profit or loss of the Purchaser. The Seller, however, gives no warranty or guarantee that the Purchaser will obtain vacant occupation of the property on that date and the Purchaser shall have no claim of whatsoever nature against the Seller should vacant occupation not be obtained on the said date or at all.
7.2 If the date of occupation and possession does not coincide with the date of registration of transfer, the party enjoying occupation and possession whilst the property is registered in the name of the other party, shall, in consideration thereof and for the period of such possession and occupation, pay to the other party occupational interest calculated on the Purchase Price at a rate equal to the Prime Rate payable monthly in advance. Such occupational interest shall be payable monthly in advance to the Conveyancers directly. Occupational interest shall be adjusted for any period of less than one month, the final adjustment to be made on the Transfer Date.
7.3 This clause 7 of this Annexure “1” read together with such other clauses of this Annexure “1” as might be applicable and specifically with inclusion of clause 22 of this Annexure “1”, shall be regarded as an independent divisible agreement and notwithstanding any contradictory term elsewhere contained in this agreement, the Seller shall, without prejudice to any of its other rights in terms of this Agreement, be entitled without notice to the Purchaser, take steps in order to enforce the terms of this clause 7 of this Annexure “1” and/or the collection of any amounts due in terms of this clause.
POSSESSION AND OCCUPATION. 4.1. Possession and occupation of the property will be given to the Purchaser on the date of occupation as defined in clause 1.1.7, from which date all risk, profit and loss therein shall pass to the Purchaser.
4.2. From the date of occupation the Purchaser shall be liable for the payment of all rates and taxes and other municipal imposts levied against the property, as well as for water and electricity connection and consumption, sanitation, sewerage and refuse removal, insurance premiums, levies charged by the Home Owners Association and any other contributions or imposts charged against the property and the Purchaser will make the necessary payments to the Municipality and the Home Owners Association as required.
4.3. Any amounts paid by the Seller in respect of the amounts for which the Purchaser is liable in accordance with clause 4.2 for purposes of obtaining a clearance certificate/s, shall be refunded to the Seller within 30 (thirty) days after the date of occupation.
POSSESSION AND OCCUPATION. 11.1 The Purchaser shall take occupation and possession and assume control of the Property on date of registration of transfer of the Property in the name of the Purchaser, from which date it shall be at the sole risk, loss, profit and expense of the Purchaser and from which date the Purchaser shall be liable for all levies, rates and taxes whatsoever levied upon the Property by the government or Local Council, other competent authority, or the Association.
11.2 Should the Seller have pre-paid any such rates and taxes, levies and charges beyond the date of transfer aforesaid, the Purchaser shall on demand refund any such amounts paid beyond this date to the Seller.
POSSESSION AND OCCUPATION. 6.1 Vacant occupation and possession of the property shall be given by the Seller to the Purchaser on registration of transfer, or sooner by mutual written agreement.
6.2 All risks in and to the property shall pass to the Purchaser on the date of transfer or date of occupation, whichever occurs sooner, from which date the Purchaser shall be liable for all rates and other outgoings in respect of the property, including the payment of a monthly levy to the Homeowners’ Association as provided for in Clause 11.2.
POSSESSION AND OCCUPATION. Possession and occupation of the Property shall be given by the Seller and taken by the Purchaser on the Transfer Date (which is set out in Item 11 of the Information Schedule) and this shall be the date upon which all risk and benefit attaching to the Property shall pass to the Purchaser.
POSSESSION AND OCCUPATION. 6.1 The Builder is entitled to full and unfettered possession of the Erf from date of commencement of the Works and shall retain such possession until Date of Transfer.
6.2 The Builder shall provide possession and occupation of the Residential House to the Purchaser on the Date of Transfer. Initial here
6.3 It is recorded that, subject to the provision referred to in Clause 10.1, the Erf on which the Works is constructed will throughout the construction period be under the control of the Builder and that the Purchaser(s) shall not be entitled to have any access to the Erf prior to the Date of Occupation, otherwise than as approved by the Builder or its agent, and if approval is granted, subject to the terms of such approval.
POSSESSION AND OCCUPATION. 10.1. Possession and occupation of the Erf shall be given to and taken by the Purchaser on the Transfer Date unless the Parties specifically agree to another date in writing.
10.2. All the risk and benefit in respect of possession of the Erf shall pass to the Purchaser on the Transfer Date.
10.3. The Seller shall not be liable for any damages that the Purchaser may suffer as a result of a delay in registration of transfer.
10.4. The Purchaser acknowledges and accepts that while the Development is incomplete, the Purchaser and / or other occupants of properties which are part of the Development may suffer inconvenience from building operations and from noise and dust resulting therefrom.
10.5. The Purchaser shall not have any claim whatsoever against the Seller or Developer by reason of any inconvenience suffered as a result of building/construction on the Development. Sale Agreement
