Dodgy Deck: When a Property Defect is Your Problem, Not the Seller’s
“The buyer needs a hundred eyes, the seller not one.” (George Herbert) A Marina Da Gama property. A collapsed wooden deck. A purchase price of R1.55 million and repair costs claimed of just over R100 000. The facts are not complicated. But the legal battle that followed lasted more than a decade. What happened The […]
Your Property Purchase Collapses: Can You Get Your Deposit Back?
“A creature with a big enough head to make a contract should have the sense to make one it can keep.” (Barbara Kingsolver) A R1.725 million deposit. A bank guarantee that never arrived. A property that ultimately sold for significantly less than the original price. What happens to the deposit money? A sale that fell […]
Buying a House: What Costs Will You Pay, and When?
“It is a comfortable feeling to know that you stand on your own ground. Land is about the only thing that can’t fly away.” (English novelist Anthony Trollope) With interest and home loan rates at their lowest since 2022, it’s no surprise that South Africa’s property market confidence level at the end of 2025 was […]
Parking Disputes and the “Reasonable Neighbour” Test
Maintaining friendly relations with the neighbours, or at least an “I’ll ignore you if you ignore me” sort of neutrality, has probably been a primary aim of homeowners since the dawn of history. No doubt even our cave dwelling ancestors were as keen to get on with the Joneses next door as they were to […]
Love and the Law: Cohabiting? Get Your House in Order Now
February, with its Valentine’s Day chocolates, roses and declarations of undying love, should be a month for romance, not legal niceties. But in the real world, love and the law are inextricably linked because any relationship’s structure and consequences are inevitably governed by legal principles. Losing sight of that can expose you to unnecessary angst, […]
Who is Liable for Roof Repairs After Transfer – the Seller or the Purchaser?
Take this scenario: A purchaser signs an agreement of sale, the property is transferred into their name, and shortly thereafter heavy rain reveals a leaking roof. Who must repair it – the seller or the new owner? To answer this, one must understand the distinction between latent and patent defects. Latent vs Patent Defects Latent defects are hidden […]
Client Note: Latest Legal Position on Matrimonial Property Regimes in Customary and Civil Marriages (South Africa)
Recent developments, particularly the Constitutional Court judgment of 21 January 2026, have provided important clarity on how South African law treats the relationship between customary marriages and subsequent civil marriages. As with all matrimonial matters, the application of these principles remains fact-specific and subject to judicial oversight. The Court confirmed that a customary marriage does […]
The Rental Housing Tribunal: The Unsung Hero of South Africa’s Rental Market
Renting or leasing a home should be simple, but when it turns into a headache, the Rental Housing Tribunal (RHT) steps in to help. Established under the Rental Housing Act No. 50 of 1999, the tribunal provides a free, fair, and accessible way for landlords and tenants to resolve disputes, without the stress or cost […]
Panhandle Access to Properties – The Mistakes to Avoid
“You aren’t buying a house, you’re buying a lifestyle.” (Anon) As more and more residential properties are subdivided and developed, an increasing number of homes are effectively cut off from direct access to the nearest public street or road. That’s where the “panhandle” comes into play, a narrow strip of land (looking on diagrams very […]
How can I buy property in South Africa as a foreigner?
“I never knew of a morning in Africa when I woke up that I was not happy.” (Ernest Hemingway) Are you a visitor dreaming of waking up with giraffes on your lawn and wondering how to make it happen? Or a local being asked by overseas friends and relatives: “This country’s magic, how can I […]