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Selling or buying a house can seem like a complicated and confusing process but help is at hand!   Have a look at this simple overview: “Buying or Selling a House – What You Need to Know” from the Law Society of South Africa on its website at http://www.lssa.org.za/legal-practitioners/resources-for-attorneys/misc/public-information-brochures/misc/buying-and-selling-a-house. Just remember these important principles (familiar to regular readers) –From 1st Nove...

Selling or buying a house can seem like a complicated and confusing process but help is at hand!   Have a look at this simple overview: “Buying or Selling a House – What You Need to Know” from the Law Society of South Africa on its website at http://www.lssa.org.za/legal-practitioners/resources-for-attorneys/misc/public-information-brochures/misc/buying-and-selling-a-house. Just remember these important principles (familiar to regular readers) –From 1st Nove...

“….. a lenient approach ….. would also lead to an open invitation to members of the public to follow the course adopted by the [developer] and to continue with the construction of buildings and structures in circumstances where the authority therefore has not been obtained from the relevant municipality”
30 days – that’s how long a property de...

“….. a lenient approach ….. would also lead to an open invitation to members of the public to follow the course adopted by the [developer] and to continue with the construction of buildings and structures in circumstances where the authority therefore has not been obtained from the relevant municipality”
30 days – that’s how long a property de...

What happens if someone is injured or killed, or suffers some other form of loss on your property?  Three recent court cases highlight your risk of liability for any potential dangers that you don’t take reasonable steps to avoid. Maintenance defaulters won’t be pleased with new amendments to our Maintenance Act, signed into law on 9 September and aimed at making it easier to enforce payment of arrears. In particular the provision for defaulters to be registered with ...

What happens if someone is injured or killed, or suffers some other form of loss on your property?  Three recent court cases highlight your risk of liability for any potential dangers that you don’t take reasonable steps to avoid. Maintenance defaulters won’t be pleased with new amendments to our Maintenance Act, signed into law on 9 September and aimed at making it easier to enforce payment of arrears. In particular the provision for defaulters to be registered with ...

“We used to terrorize our babysitters when I was little, except for my grandfather because he used to read to us from his will” (comic Janine Ditullio) Whether you are young or old, healthy or ailing, wealthy or not-so-wealthy, married or single – you must have a will. Dying “...

“We used to terrorize our babysitters when I was little, except for my grandfather because he used to read to us from his will” (comic Janine Ditullio) Whether you are young or old, healthy or ailing, wealthy or not-so-wealthy, married or single – you must have a will. Dying “...

You find out that the fence/wall/house your neighbour is building, or has built, is actually on your land – what can you do about it? No problem of course if you are happy to sell the land in question to your neighbour at an agreed price, or if your neighbour voluntarily removes the encroachment.  But if instead you come to blows and end up in court, what will the outcome be?  Regrettably, as a recent Supreme Court of Appeal (SCA) case shows, there is no easy answer to that q...

For most people, your house is your most important asset.  So when you sell it (or any other property for that matter), it is absolutely critical to entrust the process to a conveyancer you can trust to act with both speed and integrity. When you sell property, the conveyancer is the specialist attorney appointed as “transferring attorney” and tasked with carrying out the process of registering the buyer as the new owner.  Only suitably qualified attorneys are admitted ...

Your tenant isn’t paying rent and refuses to move out – can you turn the electricity off?
The judgment discussed in this article relates to a commercial occupier and as is noted in this article, residential occupiers enjoy additional protections to commercial occupants. There will no doubt be much debate in legal circles as to what extent this new decision might or might not assist ...

“….. trust assets held by a trustee in trust, do not form part of the personal property of such trustee as a matter of law” (extract from judgment below)
What happens if your home is registered in the name of a trust and you get divorced?  Do you get a share of the house’s value? A trust attacked <...