Conveyancing news: Is your title deed safely filed away?
To replace a lost title deed will be more cumbersome and costly from 1 January 2020 Make sure the title deed of your property is filed in a safe and secure space. From 1 January 2020 it will be more cumbersome and costly to obtain a certified copy to replace any lost or destroyed title […]
Landlord vs tenant: When can you cut electricity or change the locks?
“Spoliation is the wrongful deprivation of another’s right of possession. The aim of spoliation is to prevent self-help. It seeks to prevent people from taking the law into their own hands … The cause for possession is irrelevant – that is why a thief is protected … The fact that possession is wrongful or illegal […]
Home builders – Your contractor must register with the NHBRC
“…the Act is consumer-protection legislation designed to offer protection against incompetent builders and the construction of homes having structural defects” (extract from judgment below) In order to promote housing consumer rights, home builders (including residential property developers and builder/contractors – an “owner builder” may apply for exemption) must, in terms of the Housing Consumers Protection […]
Property: Are verbal agreements valid?
“A verbal contract isn’t worth the paper it’s written on” (Samuel Goldwyn) Verbal agreements in South Africa are generally as binding and valid as written ones. Of course not recording your agreements in writing is a bad idea – oral agreements are a recipe for doubt and dispute, and proving the exact terms agreed on […]
Unlawful occupiers: Eviction is possible, but neither quick nor easy
“It is only once the court concludes that there is no defence to the claim for eviction and that it would be just and equitable to grant an eviction order that it is obliged to grant that order” (Extract from judgment below) “Buy land” said Mark Twain, “they’re not making it anymore.” With the first […]
Warning: Property email scams surging
“Forewarned is Forearmed!” (Wise old saying) Why yet another warning about cyber-scams in the property industry? It’s because the hard fact is that the criminals are winning this war. In fact we are now reportedly the “second most targeted country in the world with regard to cyber-attacks” (Law Society of South Africa). Hence, no doubt, […]
Property transfers and trust account theft: A R720,000 warning
“The issue of whether a conveyancing attorney receives the money as the agent of the seller, or of the purchaser, or of both, or as trustee for both to await the event, is a somewhat vexed question … and each case must be considered in the light of its own facts and the particular contractual […]
Property buyers: There’s a new deduction from Interest earned on your deposit
When you buy property, the sale agreement often provides for you to pay a deposit (normally 10% of the sale price) to the conveyancer (the attorney transferring the property into your name), to be kept in trust until transfer. Don’t lose out on earning interest on your deposit money – check that the sale agreement’s […]
Security estates: Can you fine speedsters?
“When the [property owners] chose to purchase property within the estate and become members of the Association, they agreed to be bound by its rules” (extract from judgment below) There are many advantages to buying in a security estate or other community scheme, including quality of life and increased potential for growth in your property’s […]
Neighbours building? Know your rights re plan approval
“You can be a good neighbour only if you have good neighbours” (Howard Koch, “Invasion from Mars” author) Your neighbours apply to the municipality for approval of building plans. You object strongly – if allowed, you say, the new building/addition/alteration will seriously impact on your property’s appeal and value. It will be unsightly and objectionable. […]