Dispute resolution in community schemes – Arbitration or CSOS?
Introduction
Disputes in community living schemes arise often, more so now given the current financial difficulties posed by the COVID-19 global pandemic. Where such a clause...
Chantelle Gladwin
Chantelle Gladwin is a Partner at Schindlers Attorneys.
Boreholes and water use rights/allocations
Introduction
The recent water restrictions have brought into sharp focus how even “first world” cities like Johannesburg are battling to manage their water resources in a...
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...
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...
