TITLE CONDITIONS AND CONDITIONS OF PROPERTY. 6.1 The parties specifically record, as contemplated in Section 55(6) of the Consumer Protection Act, that the purchaser has been expressly informed:
6.1.1 that earthworks to create building platforms, potentially affecting ground conditions for construction purposes, have been carried out on the property;
6.1.2 that excavation work was done along the southern- and western boundaries of the development area and that Löffelstein block xxxxxxx was installed in these areas, which may encroach on the buildable area of properties in these areas; and
6.1.3 that the boundary wall which encloses the development encroaches on Xxxxx 16772 – 16783 and Xxxxx 16785 – 16792 on the General Plan and that detailed information of such works and/or encroachment has been made available to the purchaser.
TITLE CONDITIONS AND CONDITIONS OF PROPERTY. 6.1 The Property is sold subject to:
6.1.1 All such conditions as are mentioned and/or referred to in the title deed/s relating to the Property; and
6.1.2 Such conditions as may have been or may hereafter be imposed by the competent authorities upon approval of the rezoning and subdivision of the development land, which conditions have been made available to the Purchaser.
6.2 The xxxxx on the General Plan are furthermore sold subject to a storm water- & sewer pipeline servitudes, which servitudes are indicated on the General Plan. These servitudes will be notarially registered at the Seller’s cost over the Property, simultaneously with Transfer, in favour of the Association, who will become the registered owner of the private open spaces as contemplated in clause 17.
6.3 If upon the final survey of the Property the extent of the Property is found to be greater than the extent as set out in the schedule and/or depicted on the General Plan, the Purchaser shall not be liable for any excess. Conversely, if the extent thereof is found to be less than the extent as set out in the schedule and/or depicted on the General Plan, the Seller shall not be liable for any shortfall. The provisions of this clause are subject thereto that if the final, surveyed extent of the Property is less than 90% (ninety percent) of the provisional extent recorded in the schedule, the Purchaser, entirely within his election and within 7 (seven) days of being notified thereof, shall be entitled to resile from this Agreement by giving written notice to such effect to the Seller. Should the Purchaser exercise this right to resile, this Agreement will be cancelled and the Parties shall be restored as near as may be possible to the position each would have been in if this Agreement had not been entered into at all.
6.4 It is one of the Conditions of Subdivision of the Development that the Purchaser accepts the existing wine cellar, the agricultural activities and a general boutique commercial portion of the Property zoned as “Agricultural Zone I” and “Agricultural Zone II” and “Development Commercial Zone”, which may impact upon the Purchaser.
6.5 The Purchaser acknowledges that the Seller may in future require access and/or services servitudes to be registered over the Private Open Spaces in favour of adjoining xxxxx, in order to accommodate the proper functioning of the Development as a whole. In order to enable the Seller to register the said servitudes, the Purchaser hereby agrees and ...
TITLE CONDITIONS AND CONDITIONS OF PROPERTY. 6.1 The parties specifically record, as contemplated in Section 55(6) of the Consumer Protection Act, that the purchaser has been expressly informed:
6.1.1 that earthworks to create building platforms, potentially affecting ground conditions for construction purposes, have been carried out on the property; and
6.1.2 that excavation work was done along the southern- and western boundaries of development area and that Löffelstein block xxxxxxx was installed in these areas, which may encroach on the buildable area of properties in these areas and that detailed information of such works has been made available to the purchaser.
