Property owners: Your rates could quadruple for unauthorised land use
“The said penalty … was imposed due to the fact that the property was being used in contradiction to its zoning” (extract from judgment below) Municipalities all have the right (and the duty) to regulate land use in their areas, and amongst other sanctions, properties that are used unlawfully or without authorisation can be subjected […]
Bodies corporate: Before you sequestrate to recover arrears…
“Bankruptcy – a fate worse than debt” (Anon) One of a Body Corporate’s fundamental duties is to collect monthly levies from the scheme’s members, and to take robust action to recover any arrears. As with any other creditor/debtor relationship however, trying to recover debt can be an exercise in frustration and delay, and the more […]
When company directors and shareholders come to blows…
“…the mere exercise of majority shareholding voting rights does not amount to oppression…” (extract from judgment below) What happens when a company’s directors and shareholders fall out and cannot reconcile their differences? “Relief from oppressive or prejudicial conduct” If you should find yourself in such an unfortunate situation, our Companies Act offers you several possible […]
Buying a property: Check the seller’s marital status!
“…a third party is expected to do more than rely upon a bold assurance by another party regarding his or her marital status” (quoted in judgment below) If you are taking advantage of our current low interest rates and reduced selling prices to buy a property, make sure that you establish the seller’s marital status […]
Options to renew leases – Risks for landlords and tenants
Leases often give tenants an option to extend or renew at the end of the current term, and tenants who lose sight of the value and importance of such an option are flirting with disaster. Tenants In a nutshell, when the time comes to exercise your option do comply fully with the clause’s requirements. Make […]
Watch what you say on WhatsApp – The case of the R20m lottery win and the R1m “offer”
WhatsApp comes with a host of business and personal benefits, and its use is growing exponentially here as in the rest of the world. Which brings us to a possible downside – binding yourself to a legally-enforceable agreement without really meaning to. First principles: Offer + Acceptance = Contract What makes for a binding contract? […]
Property sales and trusts: Demand proof of trustee authority
“If you want to make your house easy to sell, make it easy to buy” (Anon) You are overjoyed at receiving a good offer for your property – not easily achieved in these hard times and of course you certainly don’t want to do anything to jeopardise the sale. But perhaps do that little bit […]
Security complexes and fibre – You can use Telkom ducting after all
“Reliable electronic communications go beyond just benefiting the commercial interest of licensees to the detriment of ownership of property. The statute [Electronic Communications Act] is designed to avoid this no-winner conflict. What it seeks is to bring our country to the edge of social and economic development for rural and urban residents in a world […]
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 […]
Your Will: What you can and can’t do
“Where there’s a will, I want to be in it” (Anon) Your will (“Last Will and Testament”) is quite possibly the most important document you will ever sign. Without a properly-executed will you put your loved ones at risk of financial and emotional hardship, you forfeit your right to nominate who administers your deceased estate, […]