OCCUPATION AND POSSESSION Clause Samples
The Occupation and Possession clause defines when and under what conditions a tenant or buyer is entitled to take physical control and use of a property. Typically, this clause specifies the exact date or event that triggers the right to occupy, such as upon completion of payment or execution of the agreement, and may outline any restrictions or obligations during the possession period, like maintenance responsibilities or limitations on alterations. Its core function is to clearly establish the transition of control over the property, preventing disputes about access and use between the parties involved.
OCCUPATION AND POSSESSION. Occupation and possession of the property shall be given to the Purchaser by the Seller on the transfer date on which date all risk and benefit in and to the property shall pass from the Seller to the Purchaser.
OCCUPATION AND POSSESSION. 6.1. Occupation and possession of the property shall be given to the Purchaser by the Seller on the transfer date on which date all risk and benefit in and to the property shall pass from the Seller to the Purchaser.
6.2. If the date of transfer of the property to the Purchaser does not coincide with the date of occupation, then the Seller is entitled to occupation rental while the property is registered in the Seller’s name. The occupational rent shall be set at R per month plus VAT (if applicable).
6.3. Payment shall be made monthly in advance on the first day of each month;
6.4. If the liability for occupational interest commences or ceases during a month, a proportionate share in respect of the period up to the end of that month shall be payable or refundable, as the case may be, on the date of such commencement or cessation.
OCCUPATION AND POSSESSION. 5.1. It is recorded that the buildings are presently in the course of planning.
5.2. The purchaser shall not have any claim of whatsoever nature against the seller for any damages or loss should the projected completion date be delayed or anticipated, but the completion date/occupation date, notwithstanding the date referred to in 1.21 shall be the date on which the seller shall advise the purchaser in writing (on not less than 30 (thirty) days written notice) on which the unit will be ready for occupation by the purchaser.
5.3. Save where the purchaser takes possession and occupation of the unit as contemplated in clause 5.2 above, possession and occupation shall be given to and taken by the purchaser on the completion/ occupation date, provided that prior to the completion/occupation date the purchaser has complied with his obligations in terms of clause 2 hereof, paid any costs which he may be liable for referred to in clause 6.4, the initial estimated levy, occupational rental, connection fees referred to in clause 22 hereof and the extras referred to in clause C(a)ii of the main agreement.
5.4. From the completion/occupation date until registration of transfer of the unit into the purchaser’s name, the purchaser shall pay to the seller occupational rental and levy in terms of 1.17 and 1.14 of the agreement of sale, payable monthly in advance on the first day of each and every month to the seller, or the seller’s attorneys until date of registration of transfer, pro-rated for periods of less than a month.
5.5. In the event of any dispute as to when or whether beneficial occupation of the unit has been given or tendered either in terms hereof, a certificate by the seller’s architect (acting as an expert and not as an arbitrator) certifying that the unit is suitable for beneficial occupation shall be final and binding on the parties – notwithstanding that the building as a whole or the common property may not have been completed or might not be suitable for beneficial occupation at such date. The completion date shall under no circumstances be deferred by the purchaser whether or not the unit is considered suitable for beneficial occupation by reason of any improvements, additions or alterations to be effected to the section by or at the request of purchaser not having been completed.
OCCUPATION AND POSSESSION. Occupation of the Property shall be given to, and taken by, the Purchaser on from which date all risk other than the risk covered by the Seller's Homeowners Insurance Policy shall pass to him/her. From date of registration of transfer he/she shall be responsible for the payment of all rates and taxes, municipal and other charges or levies of whatsoever nature in respect thereof. Should occupation take place prior to registration, the Purchaser shall pay on demand the costs of consumption of water, electricity and gas against receipt of the relevant utility accounts as calculated from date of occupation. The total risk in the Property shall pass to the Purchaser on date of registration of transfer. Possession shall be given on date of registration of transfer, before which date the Purchaser shall be precluded from making any alterations to the Property. The party enjoying occupation while the Property is registered in the name of the other party, shall pay to said party for the period of such occupation per month in advance an amount of R……………………………….………( Rand) Should transfer take place during the month, the above amount shall be pro rata. Should this Agreement be cancelled for any reason whatsoever, it is agreed that no tenancy has been created by having taken occupation prior to transfer.
OCCUPATION AND POSSESSION. 3.1 Possession of the PROPERTY shall be given to the PURCHASER on the TRANSFER DATE.
3.2 Occupation of the PROPERTY shall be given to the PURCHASER on (“the OCCUPATION DATE”).
OCCUPATION AND POSSESSION. 5.1 Possession of the Property shall be given to the Purchaser on the Transfer Date.
5.2 Occupation of the Property shall be given to the Purchaser on the date specified in clause 6 of the Schedule ("the Occupation Date").
OCCUPATION AND POSSESSION. 10.1 It is recorded that the BUILDINGS are presently in the course of planning, under construction or completed.
OCCUPATION AND POSSESSION. 7.1 Occupation of the property shall be given to the Purchase on on condition that occupational rent is paid in advance and all transfer and bond documentation is signed at the transfer and bond attorney. If the date of occupation does not coincide with the registration date the purchaser shall pay occupational interest, monthly in advance in the amount equal to 1% of the purchase price. Unit No RASLOUW LANE Client/s Initial 5 Ref 02 (05/04/2017)
7.2 The right and obligation to occupy and possess the property will pass to the purchaser on the occupation date, provided that the Purchaser has complied with all its obligations and paid all monies payable in terms of this agreement, and signed all transfer and bond documentation including the practical completion letter. The Purchaser shall be obliged to pay occupational interest from the aforesaid date, regardless whether occupation has physically been taken or not.
7.3 The Purchaser shall be obliged to contact the conveyancer or the agent and confirm whether there is any amendment to the date of occupation. As a courtesy the conveyancer shall advise the purchaser in writing with 30 (THIRTY) days notice (where possible) if the property will not be ready for occupation on the occupation date, but the obligation remains that of the Purchaser to establish date of occupation. In such an instance the Purchaser shall be obliged to take occupation on such further date as given as the amended occupation date. The Purchaser acknowledges that the occupation date as set out in clause 7.1 is not of the essence and that any reasonable extension will not entitle the Purchaser to cancel this agreement.
OCCUPATION AND POSSESSION. Lawful possession of the property shall be given on the registration of the property.
OCCUPATION AND POSSESSION.
10.1 OCCUPATION means when the Seller tenders the Unit to the Purchaser for occupation irrespective of the Purchaser or a third party occupying the Property through him moving into the Property.