TITLE DEED CONDITIONS Sample Clauses

TITLE DEED CONDITIONS. 15.1 Val de Vie and/or its successors in title shall be entitled to ensure that in addition to all the conditions of title, conditions of sub-division and servitudes, the following conditions of title be included in any title deed in terms of which a Purchaser and/or its successor in title obtain transfer of the Property- 1. “Every owner of the erf or any subdivision thereof or any interest therein and their successors-in-title shall become and remain a member of the Val de Vie II Home Owners Association (“HOA”) and be subject to its Constitution until it ceases to be owner as aforesaid. Neither the erf nor any subdivision thereof or any interest therein shall be alienated, encumbered, or mortgaged to or in favour of any person who has not bound itself to the satisfaction of the HOA to become a member of the HOA, furthermore, until a clearance certificate from the HOA has been obtained certifying that the provisions of its Constitution have been complied with; 2. Every owner of the erf or any subdivision thereof or any interest therein shall be obliged to – a. develop the erf within a period of 36 (thirty six) months from the date of the first owner’s possession of the erf by the erection of a dwelling house and outbuildings thereon within and in accordance with the requirements of its Constitution and architectural guidelines prescribed by the HOA from time to time; b. complete all building works as aforesaid within 48 (forty eight) after the date of registration of transfer of the erf into the name of the first owner thereof. 3. The owner of the erf or any subdivision thereof or any interest therein shall not be entitled to dispose of the property prior to the completion of the building works referred to above without the prior written consent of the transferor or is successor in title.”
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TITLE DEED CONDITIONS. 14.1 The Seller and/or its successors in title shall be entitled to ensure that in addition to all the conditions of title, conditions of sub-division and servitudes, the following conditions of title be included in any title deed in terms of which a Purchaser and/or its successor in title obtain transfer of the Property – 1. “The within property may not be sold or transferred, mortgaged or encumbered without the prior written consent of the ACRES HOMEOWNERS' ASSOCIATION, which consent shall not be unreasonably withheld and every transferee and his successors-in-title shall automatically become and remain a member of the ACRES HOMEOWNERS' ASSOCIATION and be subject to its Constitution until it ceases to be owner as aforesaid. 2. Every owner of the erf or any subdivision thereof or any interest therein shall be obliged to – a. develop the erf within a period of 24 (twenty four) months from the date of the first owner’s possession of the erf by the erection of a dwelling house and outbuildings thereon within and in accordance with the requirements of its Constitution and architectural guidelines prescribed by the HOA from time to time; b. complete all building works as aforesaid within 36 (thirty six) months after the date of registration of transfer of the erf into the name of the first owner thereof. 3. The owner of the erf or any subdivision thereof or any interest therein shall not be entitled to dispose of the property prior to the completion of the building works referred to above without the prior written consent of the transferor or is successor in title. 4. Only a single storey dwelling may be constructed on the Property.”
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TITLE DEED CONDITIONS. The Seller and/or its successors in title shall be required to ensure that in addition to all the conditions of title, conditions of sub-division and servitudes, the following conditions of title be included in any title deed in terms of which a Purchaser and/or its successor in title obtain transfer of the Property- 1. “Every owner of the erf or any subdivision thereof or any interest therein and their successors-in-title shall become and remain a member of the Acres Home Owners Association (“HOA”) and be subject to its Constitution until it ceases to be an owner as aforesaid. Neither the erf nor any subdivision thereof or any interest therein shall be alienated, encumbered, or mortgaged to or in favour of any person who has not bound itself to the satisfaction of the HOA to become a member of the HOA, furthermore, until a clearance certificate from the HOA has been obtained certifying that the provisions of its Constitution have been complied with.”
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TITLE DEED CONDITIONS. 7.1. The Seller and Purchaser (‘Parties’) specifically record, as contemplated in Section 55(6) of the Consumer Protection Act, No. 68 of 2008 (‘CPA’) that the Purchaser has been expressly informed: (a) that earthworks to create building platforms, potentially affecting ground conditions for construction purposes, have been carried out on the Property and details of such earthworks are recorded on the website: xxx.xxxxxxx.xx.za; (b) 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 (c) 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.
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TITLE DEED CONDITIONS. 14.1 The Seller and/or its successors in title shall be entitled to ensure that in addition to all the conditions of title, conditions of sub-division and servitudes, the following conditions of title be included in any title deed in terms of which a Purchaser and/or its successor in title obtain transfer of the Property – 1. “The within property may not be sold or transferred without the prior written consent of the ACRES HOMEOWNERS' ASSOCIATION, which consent shall not be unreasonably withheld and every transferee and his successors-in-title shall automatically become and remain a member of the ACRES HOMEOWNERS' ASSOCIATION and be subject to its Constitution until it ceases to be owner as aforesaid. 2. Every owner of the erf or any subdivision thereof or any interest therein shall be obliged to – a. develop the erf within a period of 24 (twenty four) months from the date of the first owner’s possession of the erf by the erection of a dwelling house and outbuildings thereon within and in accordance with the requirements of its Constitution and architectural guidelines prescribed by the HOA from time to time; b. complete all building works as aforesaid within 36 (thirty six) months after the date of registration of transfer of the erf into the name of the first owner thereof. 3. The owner of the erf or any subdivision thereof or any interest therein shall not be entitled to dispose of the property prior to the completion of the building works referred to above without the prior written consent of the transferor or is successor in title.”
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TITLE DEED CONDITIONS. 19.1 The Seller and/or its successors in title shall be entitled to ensure that in addition to all the conditions of title, conditions of sub-division and servitudes, the following conditions of title be included in any title deed in terms of which a Purchaser and/or its successor in title obtain transfer of the Property – 1. “The within property may not be sold or transferred, mortgaged or encumbered without the prior written consent of the VAL DE VIE WINELANDS LIFESTYLE ESTATE HOMEOWNERS' ASSOCIATION, which consent shall not be unreasonably withheld and every transferee and his successors-in-title shall automatically become and remain a member of the VAL DE VIE WINELANDS LIFESTYLE ESTATE HOMEOWNERS' ASSOCIATION and be subject to its Constitution until it ceases to be owner as aforesaid. 2. Only a single storey dwelling may be constructed on the Property. 3. The Property shall require compaction due to infilling and special precautions will be necessary to ensure safe development of the Property.
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TITLE DEED CONDITIONS. 3.2.1 The Developer hereby agrees that the existing conditions registered against the Property must be cancelled and that the conditions of the Minister of Regional and Local Government, Housing and Rural Development/Townships Board/Council as attached in Section 4, including a minimum building value as per the Town Planning Scheme of Windhoek must be registered against the new xxxxx; except against the streets, municipal zoned xxxxx or public open spaces, 3.2.2 The Developer hereby agrees that any Servitudes to protect any Permanent Works consisting of public services on the Property or its Subdivisions and as indicated on the approved General Plans or designs must be surveyed and be registered in favour of the Council at the Developer’s costs. 3.2.3 The Developer undertakes to provide the Permanent Works as per Council Resolution(s) in Section 4, which Council Resolutions shall be an integral part of this Agreement.
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Related to TITLE DEED CONDITIONS

  • Seller’s Conditions Notwithstanding any other provision of this Agreement, the obligation of Seller to consummate the Transactions shall be subject to and conditioned upon the following: (i) Buyer’s representations and warranties being true and correct in all material respects as of the Closing and Buyer shall have delivered all documents required to be delivered by Buyer pursuant to Paragraph 5(b) below. (ii) The satisfaction of the [REDACTED] Waiver Condition. In the event the [REDACTED] Waiver Condition is not satisfied at or prior to Closing, then Seller may elect to either (a) terminate this Agreement with respect to the Commerce Property (but not the other Properties), in which event the Purchase Price shall be reduced by the Allocated Purchase Price for the Commerce Property, neither party shall have any further liability or obligation under this Agreement with respect to the Commerce Property (except for the provisions of this Agreement which recite that they survive termination), and the Closing shall proceed with respect to all other Properties, or (b) elect to continue this Agreement in full force and effect with respect to the Commerce Property. If any condition to Seller’s obligation to proceed with the Closing hereunder has not been satisfied as of the Closing Date or other applicable date (other than the condition to Closing set forth in Paragraph 3(g)(ii) for which Seller’s rights for such failure of the condition to Closing are set forth therein), Seller shall have the right to (i) nevertheless proceed to Closing, notwithstanding the non-satisfaction of such condition, in which event Seller shall be conclusively deemed to have waived any such condition, or (ii) terminate this Agreement upon written notice to Buyer prior to Closing, in which case the provisions of Paragraph 3(f) shall apply.

  • TITLE CONDITIONS The following special conditions imposed by Combined Developers (Pty) Ltd in its favour and the favour of the HOA, will be registered against the title deed of the Property, namely:

  • Seller’s Closing Conditions The obligation of Seller to proceed with the Closing contemplated hereby is subject, at the option of Seller, to the satisfaction on or prior to the Closing Date of all of the following conditions:

  • ADDITIONAL SPECIAL CONTRACT CONDITIONS Special Contract Conditions revisions: the corresponding subsections of the Special Contract Conditions referenced below are replaced in their entirety with the following:

  • Purchaser’s Conditions (a) The obligation of Purchaser to complete the Transaction and purchase the Assets from Vendor is subject to the following conditions precedent, which are inserted into and made part of this Agreement for the exclusive benefit of Purchaser and may be waived only by Purchaser: (i) the representations and warranties of Vendor set forth in Clause 5.1 shall be true and correct in all material respects when made and as of the Closing Time, unless some other time is specified, and all obligations and covenants of Vendor in this Agreement that are to be performed or complied with prior to or at the Closing Time (other than in respect of the agreements, certificates and other instruments and documents to be delivered at the Closing Time by Vendor pursuant to Clause 4.1) shall have been performed or complied with in all material respects, (ii) at the Closing Time, Vendor shall have duly delivered the agreements, certificates and other instruments and documents required pursuant to Clause 4.1; (iii) no Governmental Authority shall have issued an order, decree or ruling or taken any other action restraining, enjoining or otherwise prohibiting the completion of the Transaction which has not been vacated or dismissed prior to the Closing Time; (iv) the Competition Act Approval shall have been obtained without conditions; (v) the TSXV Approval shall have been obtained without conditions, other than any conditions acceptable to Vendor in its sole and absolute discretion; and (vi) no material change to the Assets, except as shall have been consented to in writing by the Purchaser, shall have occurred between the execution of this Agreement and the Closing Date which would materially or adversely affect the value of the Assets and Vendor shall have delivered to Purchaser an Officer's Certificate to that effect at Closing, provided that neither a decrease in the market price of any Petroleum Substances, changes in the reservoir, nor production of Petroleum Substances in the ordinary course of business shall be considered substantial damage for the purposes of this subclause. (b) If any of the conditions precedent Clause 3.1(a) have not been satisfied, complied with or waived by Purchaser at or before the Closing Time, then Purchaser may terminate this Agreement by written notice to Vendor prior to the Closing Time stating the reason for termination; (c) Following any termination of this Agreement by Purchaser pursuant to Clause 3.1: (i) Vendor and Purchaser shall forthwith instruct Vendor's Solicitors to return the Cash Deposit and Deposit Interest, and to deliver the Non-Cash Deposit, to Purchaser; (ii) Purchaser and Vendor shall be released and discharged from the further performance of any duties or obligations under this Agreement, except as provided in this Clause 3.1(c) and Clauses 11.2 and 12.11; and (iii) Purchaser shall have no Claim against Vendor under this Agreement or in connection with the Assets or otherwise in connection with the Transaction or the termination of this Agreement, other than pursuant to Clauses 11.2 and 12.11, and Purchaser's sole and exclusive right and recourse against Vendor shall be limited to the refund of the Deposit and the Deposit Interest.

  • Seller’s Conditions Precedent The obligation of Seller to sell the Property hereunder is subject to the satisfaction or waiver of each of the following conditions precedent: (a) The representations and warranties of Buyer contained in Section 10 shall be true and correct at Closing as if the same were made on and as of that date. (b) Buyer shall have performed and complied with all agreements, covenants and conditions required by this Agreement to be performed or complied with by Buyer prior to or at Closing including, but not limited to, the delivery to Escrow Agent of the balance of the Purchase Price which is due at Closing. (c) There shall not have been filed by or against Buyer at any time prior to the Closing Date any bankruptcy, reorganization or arrangement petition. (d) The simultaneous closing of each of the transactions subject to the Related Agreements with this transaction on the terms provided for in each respective Related Agreement, it being specifically understood and agreed between Buyer and Seller that this Agreement represents one part of a multi-part transaction related to three (3) properties and that it is the agreement of Buyer and Seller that, unless this condition is waived in writing by Buyer and Seller, this transaction shall not close unless the transactions subject to the Related Agreements close simultaneously with this transaction; provided, however, if the transaction subject to the either or both of the Related Agreements is terminated on account of material damage to the real property subject thereto, the closing of such transaction shall not be a condition precedent to this Closing. If one or more of the conditions set forth above are not satisfied prior to the Closing and are not waived in writing by Seller prior to the Closing then, Seller may terminate this Agreement by notice, in writing, delivered to Buyer and Escrow Agent that Seller elects to terminate this Agreement, upon receipt of which the Escrow Agent shall cancel the Escrow and promptly return all documents to the depositing party, and Seller’s rights and remedies shall be as provided in Section 23 of this Agreement. Provided if Seller elects to close the transaction, with written notice of knowledge that any such condition has not been satisfied or waived, Seller shall be deemed to have waived any such condition.

  • CONCEALED CONDITIONS 12.2.1 Should concealed conditions encountered in the performance of the Work below the surface of the ground, or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Contract Documents or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract, be encountered, the Contract Sum shall be equitably adjusted by Change Order upon claim by either

  • Buyer’s Closing Conditions The obligation of Buyer to proceed with the Closing contemplated hereby is subject, at the option of Buyer, to the satisfaction on or prior to the Closing Date of all of the following conditions:

  • Title Defects 9.1 Purchaser shall have until April 21, 1999 in which to examine the Commitment and the Surveys. If Purchaser finds title to be defective, Purchaser shall, no later than 5:00 p.m. Eastern time on April 21, 1999, notify Seller in writing, specifying the title defect(s). If Purchaser fails to give Seller written notice of any title defect(s) before 5:00 p.m. Eastern time on April 21, 1999, the defects shown in the Commitment or the Surveys shall be deemed to be waived as title objections to closing this transaction. 9.2 If Purchaser has given Seller timely written notice of defect(s) and the defect(s) render the title other than as represented in this Agreement or if any new defects appear from the date of the Commitment through the Closing Date, Seller shall use commercially reasonable efforts to cause only those defects recorded after October 7, 1997 to be cured by the Closing Date. Seller agrees to remove, by payment, bonding or otherwise, any such lien (other than environmental liens) against the Property capable of removal by the payment of money or bonding. Seller shall not be obligated to (but may, in its sole and absolute discretion) cure any other defect or to buyout or settle any other claim or lien against the Property. At Seller's option, the Closing Date may be extended for a period not to exceed sixty (60) days for purposes of eliminating such title defects. If such additional time is reasonably required by Seller to cure such title defects, Seller's failure to extend the Closing Date shall be commercially unreasonable. 9.3 If Seller does not eliminate such defects as of the Closing Date, as the same may be extended under the preceding sentence, or if any new "title defects" appear between the date of the Commitment through the Closing Date which Seller does not eliminate as of the Closing Date, Purchaser shall have the option to: 9.3.1 Close and accept the title "as is," without reduction in the Purchase Price and without claim against Seller for such title defects (except for any lien that Seller is required to cure pursuant to Section 9.2 that can be removed by the payment of money or bonding, for which credit shall be given Purchaser at the Closing unless Seller pays the same at the Closing) (and in such event, the Closing shall take place on the Closing Date); or 9.3.2 Cancel this Agreement, whereupon Escrow Agent, subject to the provisions of Section 11.3, shall return the Deposit, together with all interest earned thereon, to Purchaser, and both parties shall be released from all further obligations under this Agreement, except for those which expressly survive such termination, unless such title defects were caused by Seller's willful act or willful omission, in which event Seller shall remain liable to Purchaser for damages caused by such title defects.

  • Seller’s Conditions to Closing The obligations of the Seller under this Agreement shall be subject to the satisfaction, on or prior to the Closing Date, of the following conditions: A. The obligations of the Purchaser required to be performed by it on or prior to the Closing Date pursuant to the terms of this Agreement shall have been duly performed and complied with and all of the representations and warranties of the Purchaser under this Agreement shall be true and correct as of the date hereof and as of the Closing Date, and no event shall have occurred which, with notice or the passage of time, or both, would constitute a default under this Agreement, and the Seller shall have received a certificate to that effect signed by an Authorized Officer of the Purchaser; B. The Seller shall have received, or the Seller's attorney shall have received in escrow, a certificate signed by an Authorized Officer of the Purchaser dated as of the Closing Date, in the form acceptable to the parties hereto, and attached thereto the resolutions of the Purchaser authorizing the transactions contemplated by this Agreement, together with copies of the Articles of Association and by-laws as of a recent date with respect to the Purchaser; and C. The Purchaser will furnish to the Seller such other certificates of its officers or others and such other documents to evidence fulfillment of the conditions set forth in this Agreement as the Seller and its attorney may reasonably request.

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