Impossible? The contractual defense of impossibility of performance
Introduction
Is there an excuse for the non-performance of duties under a legally binding contract on the basis that ‘it simply couldn’t be done’? There might...
Chantelle Gladwin
Chantelle Gladwin is a Partner at Schindlers Attorneys.
Bitou Municipality’s Supplementary 2 Roll (to the 2017 General Valuation Roll)
Introduction
Property valuation rolls are quite complicated. Below is a brief explanation of how valuations and valuation rolls work.
Bitou’s 2017 General Valuation Roll
The Bitou Municipality (“Bitou”)...
7 common mistakes to avoid when cancelling a Lease Agreement
Cancelling the Occupant’s right
The Constitution[1] provides that no one may be evicted from their home without a court order authorizing the eviction of the occupant....
Expropriation without compensation: The land hunger
Introduction
This article is one in a series on expropriation and looks at some of the fundamental legal issues surrounding expropriation without compensation (“EWC”). This article...
Can a consumer “contract out” of a right to receive a pre-termination notice?
Introduction
Our offices have taken note of an alarming increase in the number of SMS’s sent to clients by the City of Johannesburg Metropolitan Municipality (“COJ”)...
Municipal mysteries: When “actuals” aren’t “actuals”
Introduction
This article canvases what consumers can do to protect themselves when a municipality is charging them according to “actual” readings for electricity or water consumption,...
What to do when your neighbour builds right up to your property
Introduction
This articles explains your rights as a property owner when a neighbour violates a building line or encroaches on your land.
Determining building lines
Every property has...
Is there a duty on conveyancers to tell purchasers about seller’s historical debt?
Background
Several municipalities (Tshwane, Ethekwini and Ekurhuleni) argued in the Constitutional Court in the “New Ventures”[1] matter that it is lawfully permissible for a municipality to...
The implications of the Constitutional Court decision: Jordaan and Others v City of Tshwane Metropolitan Municipality and Others
The Constitutional Court held last week that historical municipal debt (meaning municipal debt attaching to a property which is older than two years at the...
The legalities around COJ imposing the “Illegal Use Tariff”
Introduction
City of Johannesburg Metropolitan Municipality (“COJ”) has taken the view that rating categorisations and tariffs are not linked to each other, and that this accordingly...
How to fix incorrect valuations/categorisations of properties “in between” property rolls
Introduction
It often happens that property owners miss the deadline for objection to incorrect details on a property roll. If municipal staff advise you that there...
Penalty fees/charges and sectional title bodies corporate
In this article we look at the legality of different kinds of penalties and legal fees imposed by sectional title bodies corporate against defaulting owners...
What to do with a tenant’s leftovers?
This article examines the practical solutions available to a landlord in the situation where a tenant vacates a property and leaves personal items behind.
Vacation/Absconding and...
How to get the most out of Charitable Donations
This article explains the different types of legal entities that charitable donations can be made to and the tax consequences of those donations. The aim...
Is it illegal for a municipality to disconnect water?
The South African Constitution guarantees a right of access to water (but not a right to water itself). What this means is that the South...
NERSA’s Reseller’s Guidelines
This article considers the legal implications for various parties of NERSA’s recently published Reseller’s Tariff, with specific reference to the impact on property owners and...
Liability for special levies
This article examines the legal issue of whether the purchaser or seller of an immovable property is responsible for the payment of special levies raised...
How to cancel a residential lease
Introduction
There are a number of different laws that impact on residential leases. This article explores those relevant to the cancellation of a residential lease, and...
Municipal Systems Act: Perfecting the Section 118(3) Hypothec
This article is one in a series dealing with the consequences of the judgement handed down in the matter of City of Tshwane Metropolitan Municipality...
The Right to Obtain “Job Cards” from a Municipality
This article discusses what a job card is, why you might need one, the process to obtain one, and what to do if you are...
