Carriageway (Pty) Ltd, Gqeberha

As all units are occuppied in terms of the Housing Developement Schemes for Retired Persons Act (HDSRPA) No. 65 of 1988, as amended, residents sign a Conditions of Use and Occupation Agreement (the Life Right Loan Agreement) to get title to the unit. The protection of tenure to the unit is at least as secure as Sectional Title ownership as in terms of the HDSRPA the occupiers have the same rights as a registered lessee i.e. after occupation the lessee can enforce their rights against any successer-in-title to the lessor for a period of 10 years after conclusion of the contract or if the successer-in-title knew of the lease such right can be enforced until death. The occupiers right also ranks in priority over any other right eg. a mortgage bond-title registered over the owners property. The owner also cannot sell the property without consent of 75% of the occupiers of the scheme.