A Property24 reader is the main applicant in a joint bond between three people which includes his brother and spouse. However, in 2006 the reader vacated the property to accommodate his brother and his family, but no formal agreement was put in place.
"After I moved my brother built two large cottages without my consent as co-owner, which he leased to numerous tenants for a combined monthly lease of R3000 over the past ten years.
"In July 2022 I was retrenched and in January 2023 I received an eviction notice from my landlord. I am a single father with no income. I have questions about my rights as a co-owner of the property where my brother resides. I want to know what right do I have to the income my brother receives from the tenants?. I also want to know if I have a right to move back on to the property even though I'm unemployed?. And lastly what steps can I follow to have him buy my share of the bonded property without him having to sell the property?
Linda Jordaan, attorney and conveyancer at Herold Gie Attorneys shares the following advice:
1. Do I have rights to the income he receives from his tenants?
You will not have a claim directly against the tenants, if you are not the landlord in accordance with the lease agreement. You may, however, have a claim against your co-owners for unjustified enrichment in respect of a portion of the rental income in accordance with your shareholding in the property.
2. Do I have a right to move back on the property even though I'm unemployed?
If you are a registered co-owner of property, you have a right to occupy such property, whether or not you are employed. Your employment status may, of course, affect your ability to service the monthly bond repayments, which has the potential for conflict between co-owners of a property.
3. Can I force him to buy my share of the bonded property without him having to sell the property?
A co-owner of a property is not obliged to remain a co-owner against his/her will. A co-owner who no longer wishes to own his/her share in such property, can first offer the other co-owners an opportunity to purchase the share at fair market value. If the co-owners choose not to purchase the share, then the whole property would have to be sold, and the sale proceeds apportioned in accordance with each owner's share-holding in the property. If the co-owners refuse to co-operate with a sale of the whole property, thereby preventing one co-owner from disposing of his/her share, an application will need to be made to court for a determination in accordance with the legal remedy known as the actio communi dividundo.
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