Nov 22, 2017 | Conveyancing and Property Law
Purchasing a house is usually quite stressful and in the event of the owner of the property passing away before registration of the property into the name of the purchaser, the stress doubles. However, the death of the owner of the property does not cause the Deed of...
Nov 7, 2017 | Conveyancing and Property Law, Corporate and Commercial Law
Apart from specific exceptions such as Land Sales, Wills and Suretyships, in terms of South African law, a person can enter into most agreements without written formalities. What this means is that parties can generally enter into valid contracts orally and it follows...
Nov 3, 2017 | Conveyancing and Property Law, Litigation and Dispute Resolution
A personal servitude is when a particular person (known as the holder) is given the right to use and enjoy another’s property. It is always in favour of a particular person. Personal servitudes are enforceable against the owner but cannot be transferred by the...
Oct 6, 2017 | Conveyancing and Property Law, Regulatory
In most agreements of sale, whether dealing with movable or immovable property, one is likely to find what is known as the Voetstoots clause. In the case of property sale agreements, it means that the property is sold “as is”, meaning with all patent and latent...
Sep 27, 2017 | Commercial Property Law, Conveyancing and Property Law
A recent Constitutional Court ruling upheld the High Court order that municipal debt charges against a property do not survive transfer and that new home owners will not be penalised for historical municipal debt which has been accumulated by previous owners. The...
Dec 9, 2016 | Conveyancing and Property Law, Corporate and Commercial Law
In a nutshell, the new Community Schemes Ombud Service Act 9 of 2011 (CSOSA) promotes good governance and creates an Ombud office to help and assist in resolving and dealing with disputes in community scheme scenarios. This is an incredibly positive move and something...
