Common use of Restriction on Alienation Clause in Contracts

Restriction on Alienation. Before taking actual physical possession of the Said Flat by the Allottee/s in terms of clause hereinabove, the Allottee/s shall not deal with, let out, encumber, transfer or alienate the Said Flat or the rights of the Allottee/s hereunder without the consent in writing of the Developer first had and obtained provided that the Allottee/s may do so in case the Allottee/s is/are not in any manner in default in observance of his/her/its/their obligations hereunder but subject nevertheless to the following terms and conditions: (i) Any such nomination, transfer, letting out or alienation shall be subject to the terms conditions Agreements and covenants contained hereunder and on the part of the Allottee/s to be observed fulfilled and performed and which would be required to be observed, fulfilled and performed by the Allottee/s only; (ii) The Allottee/s shall have previously informed the Developer in writing of the full particulars of such nominee, tenant and/or occupant, it being clarified that in case of leasing out or letting out, the Allottee/s shall also inform to the Developer the full particulars of the rent and all other charges and benefits receivable by the Allottee/s in respect thereof to the extent necessary for assessment of the liability for rates and Taxes and other impositions; (iii) The Allottee/s shall be liable to pay all increase in the municipal rates and taxes and other outgoings as may be occasioned due to aforesaid leasing out or letting out. (iv) There will be no privy whatsoever between the Developer and the nominee or new transferee before and until a Deed of Conveyance is granted by the Promoters and/or until the nomination has been accepted expressly in writing. The Developer shall be entitled to refuse to accept nomination without assigning reasons.

Restriction on Alienation. Before taking actual physical possession of the Said Flat by the Allottee/s Buyer in terms of clause hereinabovecited in the agreement herein mentioned above, the Allottee/s Buyer shall not deal with, let out, encumber, transfer or alienate the Said Flat or the rights of the Allottee/s hereunder Buyer hereunder, without the having obtained prior consent in writing of the Developer first had and obtained provided that the Allottee/s may do so in case the Allottee/s is/are not in any manner in default in observance of his/her/its/their obligations hereunder but subject nevertheless to the following terms and conditions:Owner, (i) Any such nomination, transfer, letting out or alienation shall be subject to the terms conditions Agreements and covenants contained hereunder and on the part of the Allottee/s Buyer to be observed fulfilled and performed and which would be required to be observed, fulfilled and performed by the Allottee/s Buyer only; (ii) The Allottee/s Buyer shall have previously informed to inform the Developer Owner in writing in advance of the full particulars of such nominee, tenant and/or occupant, it being clarified that in case of leasing out or letting out, the Allottee/s Buyer shall also inform to the Developer Owner the full particulars of the rent and all other charges and benefits receivable by the Allottee/s Buyer in respect thereof to the extent necessary for assessment of the liability for rates and Taxes taxes and other impositions; (iii) The Allottee/s Buyer shall be liable to pay all increase amount the municipal taxes in the municipal rates and taxes increased rates, if any, and other outgoings as may be occasioned due to aforesaid leasing out or letting out. (iv) There will be no privy privities whatsoever between the Developer Owner and the nominee or new transferee before and until a Deed of Conveyance is granted by the Promoters Sellers and/or until the nomination has been accepted expressly in writing. The Developer Owner shall be entitled to refuse to accept nomination without assigning reasons.

Restriction on Alienation. Before taking actual physical possession of the Said Flat by the Allottee/s Buyer in terms of clause hereinabove, the Allottee/s Buyer shall not deal with, let out, encumber, transfer or alienate the Said Flat or the rights of the Allottee/s Buyer hereunder without the consent in writing of the Developer first had and obtained provided that the Allottee/s Buyer may do so in case the Allottee/s is/are Buyer is not in any manner in default in observance of his/her/its/their obligations hereunder but subject nevertheless to the following terms and conditions: (i) Any such nomination, transfer, letting out or alienation shall be subject to the terms conditions Agreements and covenants contained hereunder and on the part of the Allottee/s Buyer to be observed fulfilled and performed and which would be required to be observed, fulfilled and performed by the Allottee/s Buyer only; (ii) The Allottee/s Buyer shall have previously informed the Developer in writing of the full particulars of such nominee, tenant and/or occupant, it being clarified that in case of leasing out or letting out, the Allottee/s Buyer shall also inform to the Developer the full particulars of the rent and all other charges and benefits receivable by the Allottee/s Buyer in respect thereof to the extent necessary for assessment of the liability for rates and Taxes and other impositions; (iii) The Allottee/s Buyer shall be liable to pay all increase in the municipal rates and taxes and other outgoings as may be occasioned due to aforesaid leasing out or letting out. (iv) There will be no privy whatsoever between the Developer and the nominee or new transferee before and until a Deed of Conveyance is granted by the Promoters Sellers and/or until the nomination has been accepted expressly in writing. The Developer shall be entitled to refuse to accept nomination without assigning reasons.

Restriction on Alienation. Before taking actual physical possession 16.1 The PURCHASER acknowledges that title conditions applicable to the PROPERTY will be documented and imposed, in a form acceptable to the Registrar of Deeds, Cape Town, in terms whereof 16.1.1 the PROPERTY shall not be sold or alienated in any way nor shall any transfer thereof be registered without the written consent of the Said Flat SELLER, before the Developer has sold all units in the specific phase of development within which the PROPERTY falls or for a period of not less than 12 months from date of transfer whichever occurs first 16.1.2 the PROPERTY shall not be sold or alienated in any way nor shall any transfer thereof be registered without the written consent of the SELLER, for as long as the SELLER is the registered owner of any portion of the LAND as well as by the Allottee/s Trustees for the time being of the HOME OWNERS ASSOCIATION; and 16.1.3 the ERF shall not "be consolidated" with one or more xxxxx compromising the LAND without the written consent of the SELLER, for as long as the SELLER is the registered owner of any portion of the LAND as well as by the Trustees for the time being of the HOME OWNERS ASSOCIATION. 16.2 The PURCHASER undertakes to disclose the existence and contents of clauses 15 and this clause 16 as well as clause 9 of the CONSTITUTION to any person (the "Alienee") to whom the PURCHASER alienates the PROPERTY and acknowledges that the consents referred to in the aforesaid clauses will not be furnished unless a written acknowledgement from such prospective Alienee, acknowledging awareness of and agreeing to be bound by the provisions of the said clauses, is delivered together with the request for such consent. The PURCHASER acknowledges that he shall not be entitled to conclude the lawful alienation of the PROPERTY unless he has furnished the said written acknowledgement by the Alienee and obtained the required consent and have provided copies of this agreement and all documents attached hereto to the Alienee to ensure his comprehensive understanding of all terms and conditions of the DEVELOPMENT. 16.3 The PURCHASER further acknowledges that prior to the granting of consent, thereby enabling the Alienee to purchase the PROPERTY, the PURCHASER has acquainted himself and has advised the Alienee of the terms of clause hereinabove, Alienation as defined in the Allottee/s shall not deal with, let out, encumber, transfer or alienate the Said Flat or the rights CONSTITUTION which requires of the Allottee/s hereunder without PURCHASER to market the consent in writing PROPERTY through the use of a DEVELOPER appointed agent and which requires a specific percentage of the Developer first had and obtained provided that the Allottee/s may do so in case the Allottee/s is/are not in any manner in default in observance of his/her/its/their obligations hereunder but subject nevertheless sales price to be channeled to the following terms and conditions:MHOA levy fund. (i) Any such nomination, transfer, letting out or 16.4 On alienation shall be subject to the terms conditions Agreements and covenants contained hereunder and on the part it is required of the Allottee/s PURCHASER to be observed fulfilled and performed and which would be required to be observed, fulfilled and performed by appoint the Allottee/s only; (ii) The Allottee/s shall have previously informed the Developer in writing of the full particulars of such nominee, tenant and/or occupant, it being clarified that in case of leasing out ATTORNEYS or letting out, the Allottee/s shall also inform to the Developer the full particulars of the rent and all other charges and benefits receivable by the Allottee/s in respect thereof to the extent necessary for assessment of the liability for rates and Taxes and other impositions; (iii) The Allottee/s shall be liable to pay all increase in the municipal rates and taxes and other outgoings an attorney as may be occasioned due nominated by the SELLER from time to aforesaid leasing out time, as the transferring attorney, failing which the PROPERTY shall not be sold or letting outalienated in any way nor shall any transfer thereof be registered without the written consent of the SELLER for as long as the SELLER is the registered owner of any portion of the LAND. (iv) There will be no privy whatsoever between 16.5 The PURCHASER undertakes to disclose to the Developer and prospective Alienee the nominee or new transferee before and until a Deed existence of Conveyance is granted by Clause 9 of the Promoters and/or until CONSTITUTION which defines the nomination has been accepted expressly in writing. The Developer shall be entitled to refuse to accept nomination without assigning reasonsMEMBER’S obligations inclusive of relevant construction time constraints.