CHANGING YOUR MATRIMONIAL PROPERTY SYSTEM IS COSTLY AND TIME CONSUMING

Wedding season is upon us! 

Choosing a spouse is one of the most important choices you will ever make; but you have another very important choice to make - the right matrimonial property system. It may seem like a less romantic choice than say, your honeymoon destination, but it is no less important as, while changing it postnuptially is absolutely possible, it is also complicated, time consuming and costly - often more than 10 times greater than the cost of completing an antenuptial contract!

Section 21(1) of the Matrimonial Property Act provides that a husband and wife may apply jointly to the High Court for leave to change their matrimonial property system if there are:

• Sound reasons for the proposed change.

• Extensive public advertisement of the intended order to all creditors.

• Convincing proof that no other person will be prejudiced by the proposed change.

Even if all these requirements are met, the court has a discretion whether or not to grant such an application and may still refuse to do so. We therefore strongly advise that you give your legal union its due respect by consulting an attorney to draw up a proper antenuptial contract regulating the matrimonial property of both the parties involved, BEFORE you walk down that aisle.

STBB - Claremont

Principal's Pen - A Look at the Property Market in the Southern Suburbs of Cape Town

With over 100 buyers visiting show houses, property owners in the Southern Suburbs certainly have reason to be happy! 

Lew Norgarb had this to say about the market. “I have been selling for over a decade now and have never before seen such demand for property in our areas. I had a ridiculous 137 visitors to a Claremont show house (click here to view) a few weeks ago, which sold on the trot. 

Then I had 40 visitors during an evening open hour for a Kenilworth duplex (click here to view), which sold immediately for the full asking price to a cash buyer. My most recent release in Harfield Village (click here to view) yielded 100k more than the asking price and went to a buyer who was determined to secure the sale. This demand however is not isolated to these areas - the greater Southern Suburbs are experiencing the same demands. 

Lyn Staples (who lives in Claremont Village) and Andre Ter Morshuizen (our Plumstead and surrounds agent) are both on the hunt for more stock and both report loads of frustrated buyers champing at the bit for a new release.
Sellers are having a field day right now! Lew added that no one has a crystal ball and property, as we all know, is cyclical so there is no telling how long this will last.

Any property owners looking to sell or even just curious to know how much their asset is worth can contact Norgarb Properties on 021-6741120 orinfo@norgarb.co.za

Running a Business from a Property Zoned SR1 (Single Residential Zone 1)

When considering running your business from a property which is zoned Single Residential Zone 1 (SR1) it is important to consider the guidelines and requirements laid down in the Land Use Planning Ordinance read with the City of Cape Town Zoning Scheme Regulations, specifically Section 5.1.  

The Regulations state that a home owner must use a property zoned as Single Residential 1 primarily as a dwelling house for accommodation of a single family. There are also additional use rights associated with these types of properties, which are home occupation, bed and breakfast and home child care. In order to carry out one of these businesses from home the dominant use of the property must be accommodation of a single family; the proprietor of the activity must live on the property; no more than three employees may be engaged in the activity concerned; where more than one of these activities is carried out Council’s consent must be obtained and any new structure or alteration to the property to accommodate an additional use right shall be compatible with the residential character of the area, particularly with regard to the streetscape, and shall be capable of reverting to use as part of the dwelling house, second dwelling or outbuilding concerned. There are also a few important additional requirements that have to be adhered to for each additional use right, which are as follows:

Home Occupation:

• No goods for sale shall be publicly displayed and no external evidence of the home occupation shall be visible from a public street, except for an advertising sign in accordance with the advertising sign requirement below;

• No advertising sign shall be displayed other than a single, un-illuminated sign or notice not projecting over a public street in accordance with Council’s Outdoor Advertising and Signage by-law, and such sign shall not exceed 0,2 m² in area;

• Only goods which have been produced or assembled in the home occupation may be sold from the property;

• No activities shall be carried out which constitute or are likely to constitute a source of public nuisance, or generate waste material which may be harmful to the area or which requires special waste removal processes;

• No home occupation shall include a noxious trade, risk activity, adult entertainment business, adult services, adult shop, sale of alcoholic beverages, motor repair garage, funeral parlour or activities that are likely to generate a public nuisance, including but not limited to panel beating and spray painting, auto electrician, builders yard, welding works, joinery

• Off-street parking shall be provided at a ratio of 1 parking bay per 25 m² area used for home occupation unless Council’s approval is obtained to waive this requirement. Council may at any stage require additional on-site parking where parking is not sufficient;

• The total area used for all home occupation activity on a land unit, including storage, shall not consist of more than 25% of the total floor space of the dwelling units on the land unit or 50 m², whichever is the lesser area;

• The storage of all goods and equipment connected with the home occupation shall be inside a building or screened from neighbors and the public street;

• Not more than two vehicles may be used in connection with a home occupation, and no one vehicle shall exceed 3 500 kg gross weight;

• The hours of operation shall not extend beyond 08:00 to 17:30 on Mondays to Fridays, and from 08:00 to 13:00 on Saturdays, and shall not include public holidays or Sundays;

• Council may, at any stage, call for a cessation of the home occupation activity or impose conditions in order to minimize any potential nuisance to surrounding neighbors or the general public.

Bed and Breakfast:

• No more than 3 rooms per land unit shall be used for bedroom accommodation for paying guests or lodgers, and no more than 6 paying guests or lodgers shall be supplied with lodging or meals at any time;

• No alcoholic beverages shall be sold except to resident guests for consumption on the premises with meals;

• Guest rooms shall not be converted to, or used as, separate self-catering dwelling units;

• Meals may only be supplied to guests or lodgers who have lodging on the property, employees, and the family residing in the dwelling;

• No advertising sign shall be displayed other than a single un-illuminated sign or notice not projecting over a public street in accordance with Council’s Outdoor Advertising and Signage by-law, and such sign shall not exceed 0,5 m² in area;

• Weddings, receptions, conferences, training or any similar activities are not permitted from a bed and breakfast establishment;

• No activities shall be carried out which constitute, or are likely to constitute, a source of public nuisance;

• On-site parking shall be provided in accordance with the provisions of Chapter 19, provided that Council may at any stage require additional on-site parking if, in its opinion, the parking is not sufficient.

Home Child Care:

• No more than 6 children shall be enrolled at the home child care facility at any time;

• Services shall be primarily day care or educational and not medical;

• Services shall not operate outside the hours of 07:00 to 18:00 on Mondays to Fridays, and from 08:00 to 13:00 on Saturdays, and shall not include public holidays or Sundays;

• Indoor and outdoor play space shall be provided in accordance with any health requirement or a policy plan as might be approved by Council from time to time, and outdoor play space shall be fenced off from any public street;

• No advertising sign shall be displayed, other than a single un-illuminated sign or notice in accordance with Council’s Outdoor Advertising and Signage by-law, not projecting over a public street, and such sign shall not exceed 0,5 m² in area; and

• At least one off-street parking bay shall be provided, plus one additional parking bay which is suitable for the use of parents to drop off or collect their children, unless Council’s approval is obtained to waive this requirement. Council may at any stage require additional on-site parking where parking is not sufficient.

If the business you are intending to run from your home falls into one of the following categories, you will need to obtain Council’s consent before running such a business from home:

• Utility services;

• Place of instruction;

• Place of worship;

• House shop;

• Institution;

• Guest house;

• Rooftop base telecommunication station;

• Wind turbine infrastructure;

• Open space;

• Urban agriculture;

• Second dwelling and halfway house.

To confirm whether you are indeed running a lawful business from your home you can contact the City of Cape Town’s Planning and Building Development Management Department on 021 400 1111.

STBB - Claremont 

Cruciate ligament injury in the dog – what does it mean?

Kenilworth Vet

Cruciate injuries are one of the most common reasons for hind leg lameness and pain in the dog. Depending on the severity of the injury, surgical repair is usually required in order to stabilize the joint and reduce further damage. Your vet will probably have a preferred technique that he or she has used with success in which to do this.

Here is a straightforward explanation as to the function of the cruciate ligaments, why they sometimes rupture and the medical procedures that are usually used to correct the injury.

WHERE ARE THEY? WHAT DO THEY DO?

• the cruciate ligaments are two crossing ligaments that are situated inside the knee joint         (see diagram)

• their main function is stability of the joint; they restrict certain movements in the joint i.e.: hyperextension and internal rotation - movements that are beyond normal range

WHY DO THEY TEAR?

• normal aging causes degeneration of the ligaments

• breed deformities

• medical conditions that cause degeneration of ligament tissue

• direct trauma ‘sports injury’ is rare  

WHAT ARE THE SYMPTOMS OF CRUCIATE INJURY?

Symptoms can vary tremendously from sudden severe lameness to mild or moderate lameness. You may notice the following:

• difficulty getting up

• trouble jumping into the car

• decreased activity level

• decreased muscle on the affected hind leg

• sits with leg ‘out’

WHY IS IT SO IMPORTANT TO TREAT THIS CONDITION?

If the cruciate ligaments have partly torn or have completely ruptured the knee joint is no longer stable. The collateral ligaments are put under pressure and can tear causing further instability. Progressive degenerative changes such as osteoarthrtis occur within and around the joint, which can result in pain, discomfort and lameness in the patient.

Methods of Repair.

There are a variety of methods that can be used to stabilize the stifle (knee) joint after cruciate injury. TPLO or Tibial Plateau Levelling Operation and TTA Tibial Tubersoity Advancement are usually performed on very large breeds and often by a specialist surgeon.

The two below are more common techniques performed in general practice.

Extracapsular Stabilization

This involves the placement of a non-absorbable suture material being placed around the fabella. A hole is drilled in the tibial crest and the suture is passed through this hole and secured. (See diag) This method only provides temporary stabilisation and relies on the body to create scar tissue to ultimately stabilize the joint.  The suture material usually loosens with time and can break. the recovery period for this type of surgery can be anything from 3-5 months.

Cruciate injuries should not be ignored, if not dealt with timeously they can result in rapid degeneration of the joint and severe arthritis. So although it can come as a shock to know your dog needs surgery rest assured that your vet has your dog’s long-term well being at heart.

Tight Rope Technique

This is one of the latest procedures for treating this injury. A hole is drilled in the femur and a second in the tibia. A special ‘prosthetic ligament’ is then passed through the holes and secured. This method

of stabilization mimics a normal cruciate ligament, giving stability but allowing normal range of movement in the joint. Recovery from this type of surgery can be anything from 1 – 4 months.

Cruciate injuries should not be ignored, if not dealt with timeously they can result in rapid degeneration of the joint and severe arthritis. So although it can come as a shock to know your dog needs surgery rest assured that your vet has your dog’s long-term well being at heart.

Kenilworth Vet - Harfield Village

EVER WONDERED WHY DOGS SMELL EACH OTHERS’ REAR ENDS

Kenilworth Vet

This month we are going to talk about anal gland problems in dogs

The anal glands or sacs are pouches that sit on either side of your dog or cat’s anus at roughly 4 o’clock and 8 o’clock. In a normal situation the glands secrete a (foul smelling) liquid substance that is stored in the sac until the animal defecates, at which point the liquid is expressed from the glands by the force of the bowel movement, ‘scenting’ the faeces with the dog or cat’s personal smell. The anal glands can also be evacuated when an animal is stressed, frightened or excited. It is this ‘trademark’ smell that makes dogs instinctively sniff another dog’s rear end!

What happens when it all goes wrong?

If the sacs don’t empty properly they can become impacted. Excess anal gland secretions can leak out onto the anus and surrounding tissue which may cause burning and discomfort to your pet. The anal gland secretion can also begin to change consistency, becoming hardened and impossible to evacuate in the normal way. In either instance your dog will ‘scoot’ along the floor in an attempt to alleviate the problem, may lick excessively, sit awkwardly to avoid pain or strain to defecate. Loose, soft stools often cause this situation or it can be that your pet’s anal glands are producing an excessive amount of anal gland secretion. Although dogs are more likely to have problems with their anal glands, cats can also suffer from anal gland disease, so if your cat is licking excessively around the anus or tail region it could also have this problem.

What can you do?

 If your pet shows any of the above symptoms it is best to organize a visit to your vet. The anal glands can be expressed manually either by external expression I.e.: squeezing the area on either side of the anus in order to express the fluid from the glands. Or by internal manual expression, which involves inserting a finger inside of the dog’s rectum and expressing the fluid from the anal glands between two fingers, one inside the rectum and one outside. This can be an uncomfortable and painful experience for your dog but if left untreated the anal glands can become infected and may even abscess and rupture, leaving an open, painful wound near the anus. At this stage the glands will need flushing, antibiotic treatment and in severe cases even removal, although this should only be done by an experienced surgeon.

Kenilworth Vet - Harfield Village 

SALE AGREEMENTS, BUILDING PLANS AND WENDY HOUSES

The absence of approved building plans for buildings on a property constitutes, in our law, a latent defect in property. Avoetstoots clause in a sale agreement will address this issue and protect an innocent seller from comebacks from the purchaser.  

For example, seller X, unawares that there were no plans for certain of the buildings on his property, will not be liable to buyer Y to make good his (Y’s)additional expenses incurred when his planned renovation to his new home involves costs of subsequent approval of existing renovations.

A question that often arises in this regard is the issue of wendy houses. Is approval required? The Building Standards and Building Regulations Act requires that property owners obtain municipal approval generally in respect of all buildings, additions and renovations, no matter how small. 

However, in certain instances relating to smaller changes, full plan approval is not required, but the municipality must still be approached for written consent that formal; building plan approval is not required. "Minor building works" include, amongst others:

iv.           "tool shed not exceeding 10 m2 in area;

v.            child's playhouse not exceeding 5 m2 in area;

vi.           cycle shed not exceeding 5 m2 in area;

vii.          greenhouse not exceeding 15 m2 in area;

x.            any pergola;

xi.           private swimming-pool", etc.

These building works do not constitute a general exemption: the municipality must still be approached for written authority that plan approval is not required.

STBB - Claremont

The Time To Say Goodbye

Kenilworth Vet

Euthanasia is never an easy decision but it isn’t one you have to make alone.

A few weeks ago we had to put our 15-year-old cat ‘Tugger’ to sleep. He had become seriously ill and was deteriorating fast. We couldn’t do any more to help him and although it was a traumatic decision to make, we knew euthanasia was the right one.

Euthanasia is a difficult subject particularly as it usually crops up when we are in a fragile emotional state. In this article I hope to show you that although it is possibly one of the toughest decisions you will ever make, it can also be the ultimate gift of friendship and compassion that you can bestow upon your pet.

Why Euthanasia?

There are many reasons why an owner may consider euthanasia. The most common one being that your pet is no longer able to live a happy, healthy, pain free life. This may be because of:

Serious injury or illness

• Your pet may be suffering from an injury or illness that cannot be treated or that it will not recover from adequately in order to live a normal life.

• The treatment of your pet’s condition may be beyond your reach financially.

• Your pet may no longer be responding to medication your Veterinarian has prescribed and is in pain or has lost mobility.

Old Age

Old age is not a reason to put your pet to sleep. However, certain conditions that accompany ageing may be.

• When your pet can no longer enjoy the things it used to and appears to be experiencing more pain than pleasure  i.e.:  on walks, playing etc,            

• When your pet is no longer responsive to you and/or is unable to maintain itself hygienically

• When your pet no longer has a decent quality of life.       

 

Behavioral Issues

Inappropriate behavior can most often than not be sorted out either with the help of medication from your Vet or the assistance of a reputable animal behaviorist. However, there are some issues that can’t be solved such as severe aggression where an animal puts people or other animals at risk.

When do I know the time is right?

This is the most common question we are asked, particularly by owners who have pets with deteriorating conditions.  If you have started to think about euthanasia then your instincts are telling you things are not going to get better for your pet. Try asking yourself the following:

• how keen is your pet to eat?

• how responsive is your pet to you when you call or stroke it?

• how mobile is your pet? Is movement a source of pain and discomfort?

• does your pet experience pain when being handled

• does you pet pant constantly or drink large quantities of water?

• is your pet losing body weight and condition?

• is your pet happy, does it have a good quality of life?

Remember this isn’t a decision you need to make alone; speak to your family members and don’t forget your Vet. Your Vet, apart from having experience, will probably have known your pet for some time and will be able to help and advise you. Try not to be selfish! Don’t let your pet suffer unnecessarily. They deserve more from you.

What Happens Next?

When you have come to your decision the next step is to organize things. Some Veterinarian’s will do a house visit to euthanase a pet but this can sometimes be more traumatic for everyone including your pet. So think carefully before choosing this option. Here is a list of things to consider:

• Find out when your Vet practice is quiet. Choose either the first or last appointment of a consulting session. You won’t have to wait and you won’t have to face crowds of people in the waiting room.

• Book a double appointment so you have time to spend with your pet.

• Don’t go alone. Try to take someone with you who can be supportive and drive you home if necessary.

• Decide if you want your pet to be buried or cremated, whether you want ashes returned or not and how much each option costs. Do this beforehand so that you can tell the receptionist when you book your appointment.

• Most decent practises will not ask you to pay at the time of the appointment but you will have to settle your account at some point and returning to the practice can be upsetting. Organise an EFT or pay in advance to avoid the any further stress.

How is it done?

Euthanasia is carried out when an animal is given an intravenous injection containing an overdose of a drug that is similar to those used to induce general anaesthesia. The chemical stops heart and brain activity causing instant loss of consciousness the animal passes from this deep sleep into death without any experience of pain. This happens in seconds.

Death is something that is hard to come to terms with but sometimes we are forced to consider not only our own mortality but that of our pets. Certain things may happen after your pet is put to sleep that can be distressing. It is important to remember your pet is no longer able to experience pain; these are normal processes that the body undergoes after death.

• agonal gasps - your pet may appear to ‘carry on breathing’ . This is caused by a reflex of the diaphragm and is not a conscious act.

• shakes and shivers are common and are also reflexes as the muscles are deprived of oxygen

•  your pet may whimper or cry as the injection is administered.

This is a rare side effect of the drug and is not a conscious act, your pet is not in pain. 

After they have gone

Give yourself time to grieve.  I am sure you felt it was a privilege to have your pet in your life. Whether your pet was with you through thick and thin or was just a brief but important feature in your life.  They were always there for you; they never answered back, gave so much and asked for so little. Our pets are a huge comfort to us and losing them can be devastating.  Those around you may not understand how you feel, it is important to find a family member or friend who is supportive. Remember that staff members at your Veterinary practice are always there to listen with a compassionate ear. 

Should I Get Another Pet?

There are so many reasons why each of us are pet owners. The decision to get another pet after the loss of a loved one can be difficult. You will never replace the pet you have lost. No two animals are ever the same, they each have their own funny behaviours and traits. Getting another companion animal is not a betrayal of the pet you have lost. It merely shows that you have enough compassion and love to climb on the roller coaster and ride it again! 

Kenilworth Vet - Harfield Village