Water Restriction Clauses In Lease And Sale Agreements
Clauses to be included in Lease Agreements:
- Notwithstanding anything to the contrary contained in this Agreement, the Tenant’s maintenance liabilities herein with specific reference to swimming pools and gardens are subject to the current water restrictions implemented where the property is situated.
- The Tenant records that he/she has familiarised himself/herself with the current level and nature of water restrictions in place where the property is situated. Should such regulations be contravened, and a penalty or fine be imposed against the Landlord, he/she shall make payment of an amount equal to such penalty or fine upon presentation of proof thereof to him/her by the Landlord.
- The Tenant indemnifies the Landlord against any claims [due to] an interruption in the supply of water to the property either because of any regulation issued by the Local Authority or as a result of any act or omission by the Landlord or the Tenant that results in such interruption.
- Should there be a borehole or well on the property, the Tenant records that he/she is aware that he/she may not allow any water to leave the property but only for the water to be used for reasonable domestic use, domestic gardening, animal watering, firefighting and recreational use as set out in schedule 1 of the National Water Act of 1998 as amended.
Clauses to be included in Sale Agreements:
- Regarding the swimming pool, the Seller discloses that he/she is not aware of any leaks but that he/she has not been able to determine the same due to water restrictions and that the Agent and the Seller are therefore indemnified against any claims [due to] any defects to the swimming pool.
- The Seller discloses that he/she is not aware of any roof leaks, raising damp and drainage issues and that he/she has not been able to determine the same due to drought and that the Agent and the Seller are therefore indemnified against any claims [due to] any defects to the roof, walls and drainage system.
- The Purchaser records that he/she has familiarised himself/herself with the current level and nature of water restrictions in place where the property is situated. Furthermore, the Purchaser indemnifies the Seller against any claims [due to] an interruption in the supply of water to the property either because of any regulation issued by the Local Authority or as a result of any act or omission by the Seller.
Daniël Van Zyl
Attorney & Conveyancer
Van Zyl Kruger Inc
Provided by Van Zyl Kruger
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