Understanding the Legal Fine Print Between Duets and Townhouses
If you’re buying, selling, or even marketing a property, you’ve probably heard the terms “townhouse” and “duet” thrown around as if they’re interchangeable. But here’s the kicker: they’re not. And if you get the details wrong – especially with a duet – you could end up in a legal tangle that affects the sale or transfer of the property.
Here’s how to tell the difference – and why it matters.
What is a Townhouse?
A townhouse is part of a sectional title development – think multiple units, one complex. These homes usually share walls and communal spaces such as driveways, gardens, or recreation areas. Ownership is governed by a body corporate or homeowners’ association (HOA), which manages the rules and collects monthly levies.
Key Features:
- Sectional title scheme
- Shared amenities and communal spaces
- Monthly levies
- HOA or body corporate oversight
What is a Duet?
A duet is also a sectional title property, but there are only two homes on a single erf. These homes might be semi-detached or freestanding, but they are legally linked. Unlike townhouses, there may not be a managing body corporate, which means the two owners must agree privately on things like maintenance and repairs.
Key Features:
- Just two units on one stand
- May or may not have a body corporate
- Shared responsibility for driveways or perimeter walls
- Sometimes tricky when it comes to alterations or shared expenses
Why the Difference Matters
While both are technically sectional title properties, the management, legal responsibilities, and risks differ greatly. For example:
- Can you renovate a duet without your neighbour’s consent?
- What happens if the shared driveway needs repairs, but the other owner won’t contribute?
- Are both parties aligned on levies or rules if there’s no formal body corporate?
These issues don’t always come up at showhouse viewings – but they do come up during transfer.
Agents / Property Practitioners and Buyers, Take Note:
Getting the title wrong in your marketing or offer to purchase can delay or derail a deal. And if you’re unsure about whether the property is legally a duet or a freestanding unit, the Deeds Office certainly isn’t going to guess for you.
Before you list, sign, or sell – speak to a conveyancer who can check the title deed, identify potential red flags, and help you close the deal with confidence.
Contact Conri Botha at Barnard Inc. for reliable guidance on duets, townhouses, and everything in between.
