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Hear me roar: The use of generators in Sectional Title Schemes
Sectional Title Governance

Hear me roar: The use of generators in Sectional Title Schemes

There is no sound that pierces a fellow South Africans heart quite like the mighty roar of their neighbour’s generator in the early hours of the morning. While residents in Sectional Title Schemes dream of a day that they too can use a generator to mitigate the detrimental effects of loadshedding, they are awakened to a reality that does not allow for this.

March 29, 2023
The agent’s responsibility when selling a tenanted property
Contractual Matters

The agent’s responsibility when selling a tenanted property

When selling a property with a tenant, the agent must disclose the tenant and lease agreement to the buyer to avoid disputes or the tenant becoming a squatter. The lease agreement takes precedence over the agreement of sale during its duration.

March 29, 2023
The distinction between movable and immovable property
Sectional Title Governance

The distinction between movable and immovable property

It is important to clearly distinguish between movable and immovable property when buying or selling a house. Movable property consists mainly of the owners’ personal belongings that can be moved freely and are not affixed to the property itself.

February 27, 2023
Environmental Law: Water Rights & Water Pollution in South Africa
Legislative Guidelines

Environmental Law: Water Rights & Water Pollution in South Africa

South Africa is a relatively water-scarce country. The regulation and implementation of water use is therefore very important.

February 27, 2023
The Validity of Wills – a Look at Formalities
Contractual Matters

The Validity of Wills – a Look at Formalities

A Testament/Will is a document where a person states their last wishes and what must happen with their estate after their death. If a person dies without leaving a Will, his/her estate will be administered in terms of the “Intestate Succession Act”. This Act provides for rules by which assets are distributed to relatives.

February 27, 2023
Legal rights of homeowners during the repossession process
Legislative Guidelines

Legal rights of homeowners during the repossession process

November 2021, January 2022, September 2022, and November 2022 were pivotal months for many homeowners in South Africa who were forced to revaluate their financial positions with the interest rate increases.

February 2, 2023
Platinum Property Enterprise (Pty) Ltd / McShane and The Registrar of Deeds (Case no: 11611/2022)
Contractual Matters

Platinum Property Enterprise (Pty) Ltd / McShane and The Registrar of Deeds (Case no: 11611/2022)

In this case, Platinum Property, the Purchaser, being a company, entered into an agreement of sale with the Seller, being a 93-year-old lady. Platinum took this seller to Court to stop her from transferring the property to another second Purchaser and further to order her to sign their transfer documents. The main issue before the Court was the issue of repudiation and the manner in which the Conveyancer dealt with the transaction.

February 2, 2023
Inheritance of surviving opposite sex life partners
Contractual Matters

Inheritance of surviving opposite sex life partners

In light of the recent development in Bwanya v Master of the High Court, opposite-sex life partners are now entitled to inherit in terms of the Intestate Succession Act, which was once a benefit exclusively awarded to partners in a same-sex life partnership.

February 2, 2023
What it means to be a trustee
Sectional Title Governance

What it means to be a trustee

The creation of a family trust has always been a popular way to manage and safeguard assets. It provides for continuity when it involves, for instance, the preservation of immoveable property for family generations.

November 30, 2022
2022 Year-end wrap up: Jansen Snyman
Market News

2022 Year-end wrap up: Jansen Snyman

As with every year, 2022 had its highs and lows, good and bad. Looking back, many lessons were learnt and apparently, some weren’t, and life made us revisit them again.

November 30, 2022
2001 FICA and Cash Threshold Reporting
Legislative Guidelines

2001 FICA and Cash Threshold Reporting

When does the reporting obligation arise for an accountable or reporting institution?

November 30, 2022
A brief look at long leases
Rental Management

A brief look at long leases

While full title ownership may still be considered the most comprehensive and permanent form of ownership, a long-term lease can be considered an alternative.

October 24, 2022
Suspensive conditions
Contractual Matters

Suspensive conditions

Contracts for the sale of immovable property will very often contain suspensive conditions. One of the most common types of suspensive conditions is bond approval. Suspensive conditions

October 24, 2022
The termination of joint ownership
Contractual Matters

The termination of joint ownership

The action for division of property is well established in South African law. Every co-owner of property may insist on a partition of the property at any time. This may be done even in the case where there is a perpetual joint ownership agreement.

October 24, 2022
ULTRA – The CC once again confirms the importance of women’s rights in Rahube v Rahube and Others [2018] ZACC 42
Sectional Title Governance

ULTRA – The CC once again confirms the importance of women’s rights in Rahube v Rahube and Others [2018] ZACC 42

This case involves the apartheid era, where not only rights of black people were oppressed but also rights of women. In this case, an entire family lived together in a property – that is, the applicant, her grandmother, uncle, three brothers (including the first respondent) and two children.

September 28, 2022