Eviction refused – Landowners, unlawful occupiers and the “Just and Equitable” test
“PIE recognises that in appropriate circumstances the right to full exercise of ownership must give way, in the interest of justice and equity, to the right of vulnerable persons to a home.” (Extract from judgment below) “Unlawful occupiers” of land have strong rights under our Constitution and other laws, and most property owners and landlords […]
PROPERTY: TROUBLE WITH TRUSTS
“The best time to buy a home is always five years ago” (Ray Brown) Whether or not 2014 lives up to the forecasts of accelerating strength in the property market, you need to know that your sale or purchase of land will be invalid unless it complies strictly with these legal requirements: The sale must […]
TENANT AND LANDLORD: WHAT ARE YOUR RIGHTS AND OBLIGATIONS?
Sandra would like to move into her own place but like many people she is unsure what a lease is and what responsibilities it will place on her. A lease agreement is defined as the agreement entered into between the tenant and the landlord for the leasing of a property. The lease agreement regulates the […]
SALE OF IMMOVABLE PROPERTY AND THE NATIONAL CREDIT ACT
It often happens during a sale of immovable property that the parties agree to a deferred payment of the purchase price. The purchaser will then pay the purchase price in installments and the seller will charge interest on the outstanding amount from time to time. Sometimes the parties even agree to the registration of a […]