Property

February 2, 2015

STRUGGLING TO EVICT A “COMMERCIAL” OCCUPANT? DON’T STRESS ABOUT PIE

A recent Constitutional Court judgment highlights a fundamental difference in the legal protections afforded to two types of unlawful occupant – Residential occupants: Occupants residing on […]
January 13, 2015

PROPERTY SALES: DON’T BE AN UNREGISTERED CREDIT PROVIDER!

Be careful when buying and selling property that you aren’t held to have lent more than R500,000 to the other party.  As a recent High Court […]
December 2, 2014

THE GOLF ESTATE RULES THAT SENT A ST BERNARD TO THE DOGHOUSE

“To his dog, every man is Napoleon; hence the constant popularity of dogs” (Aldous Huxley) Living in a residential estate means submitting yourself to all rules […]
December 2, 2014

PROPERTY SELLERS AND ALIEN INVADERS: YOUR NEW DUTY TO DISCLOSE

 “Humankind has not woven the web of life. We are but one thread within it. Whatever we do to the web, we do to ourselves. All […]
September 4, 2014

TRANSFER OF A PROPERTY: IS VAT OR TRANSFER DUTY PAYABLE?

A Purchaser is responsible for payment of transfer cost when acquiring an immovable property, but it should further be established if the transaction is subject to […]
September 3, 2014

PROPERTY FRAUD: BUYERS, BONDHOLDERS BEWARE

“Our system of deeds registration is negative: it does not guarantee the title that appears in the deeds register” (extract from first judgment below)Although in practice […]
August 5, 2014

A GAME OF HOMES: SEA VIEW WARS

“A verbal contract isn’t worth the paper it’s written on” (Samuel Goldwyn) A recent Supreme Court of Appeal (SCA) judgment underlines once again the need to […]
July 2, 2014

LANDLORDS: MANAGING YOUR TENANT’S LIQUIDATION

In these hard times, you may well be faced with a situation where your tenant is liquidated (“sequestrated” in the case of an individual or trust, […]
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