About the Estate
Background, the Kyalami Syndicate, and what every owner should know.
A special place
Beaulieu Country Estate (previously known as Beaulieu Equestrian Estate) is one of the very few residential estates that has kept its equestrian, countrified environment and ethos.
When the Estate was laid out, its founding developers (now known as the Kyalami Syndicate) negotiated with the municipality to register a network of bridle servitudes so that everyone who loves horses could ride on their own properties and around the Estate. These servitudes now belong to the City of Johannesburg. The developers also set aside a large portion of land as a Bird Sanctuary.
The title-deed conditions
To protect this character permanently, the founders had two personal real right conditions written into the founding title deed of every property in the Estate (Annexure "A"):
(a) The property shall not be alienated without the prior written consent of the said Transferors first being had and obtained.
(b) No buildings or fencing may be erected on the property without the prior written consent of the Transferors first being had and obtained.
These conditions must be carried forward to each new owner every time a sale is registered in the Deeds Office, Pretoria. Without a Consent signed by the Kyalami Syndicate, a transfer cannot be registered.
The purpose is to stop property from being sold to people who want to develop it inappropriately, for example at a high density, and to stop buildings or fencing (including walls) that conflict with the Estate's equestrian and countrified ethos. Consent is only withheld where there is evidence that a plan is inappropriate. How to apply for a consent →
The Kyalami Syndicate today
Some of the original developers have passed on and one member company has been de-registered. The remaining founding members, namely Derek Robert Verster, Hendrik Theodor Scheepers, Gerhardus Francois Scheepers, the JC van Zuydam Familie Trust, Cumfort Stay CC and Delquin Investments (Pty) Ltd, are represented by Special Powers of Attorney in favour of Kyalami Syndicate (Pty) Ltd(Reg. 2017/530230/07). These are registered in the Deeds Office, Pretoria, and are on record with the City of Johannesburg.
The director and sole shareholder of Kyalami Syndicate (Pty) Ltd is Mr Owen Sandison, assisted administratively byMrs Rosemary Sandison. Both are long-time owners and residents of the Estate.
The Syndicate's rights are limited to the two title-deed conditions. It is not a Homeowners Association, cannot make day-to-day decisions about the running of the Estate, and does not collect levies. Its fee for administrative work is nominal.
What new owners should know
No Homeowners Association
The Estate was an early development of its type and pre-dates the rules of modern estates. It has no Homeowners Association, so no owner has to pay a levy for the right to use the Estate, including the bridle trails and the Bird Sanctuary.
Beaulieu Country Estate NPC (BCE)
Some years ago residents formed Beaulieu Country Estate NPC ("BCE") to manage security. BCE charges a levy to owners who choose to contract with it directly. According to the Kyalami Syndicate:
- BCE is not a Homeowners Association. Owners are not obliged to take part in its activities or pay it any amounts unless they have chosen to contract with it.
- BCE has no authority to prevent the registration of a sale in the Deeds Office, whether for non-payment of amounts it claims or otherwise.
- BCE has no authority to prevent access to the bridle trails or the Bird Sanctuary.
In his letter of 7 December 2023 to all owners, residents and BCE, founding developer Mr Derek Verster sets out his view that using access to the bridle servitudes to make people pay levies is unlawful and ethically wrong, and that BCE was never part of the Estate's founding title deeds. Read the full letter (PDF). Responses to Mr Verster's letter should be sent to his attorney, Mr Peter Blanckenberg (Blanckenberg), atpeter@blanckenberglaw.co.za.
Protecting the Estate is every owner's job
Because there is no HOA, protecting the Estate falls on all owners. New owners are encouraged to object, in their own capacity, to behaviour or proposed development that conflicts with the equestrian and countrified ethos. That includes objecting to township applications (e.g. removal of restrictions or new township rights) that they believe are inappropriate. Opposing such applications is not the Syndicate's responsibility; every owner has the right to object.
The real future value of the Estate lies in this unique character, and it will only grow as Johannesburg's northern suburbs continue to densify.
Sectional title
Sectional title was introduced into the Estate in error during the 1990s, without the Syndicate's consent. No further sectional title schemes can be registered. Existing schemes cannot be further subdivided, nor reversed unless both portions are owned by a single entity that consolidates them. Owners of sectional title units should ensure there is a Body Corporate management agreement in place and that the Body Corporate is registered with CSOS. All sectional title legislation applies.