Leasing of commercial or industrial property and compliance certificates
Compliance certificates are mandatory for any property sale and the rules applied are the same irrespective of the residential or commercial use of the property....
Property Law
Latest Property Law News
“BUY LAND, THEY AREN’T MAKING IT ANYMORE.” – MARK TWAIN
News & analyses from South Africa’s top property lawyers and conveyancers concerning property legislation and case law, encompassing property rights, leases, sectional titles and the overall rights and duties of property owners, lessors and lessees.
The State wants to take your house and pay you nothing
Introduction
At a time when South Africa’s economy is flatlining and Eskom is failing, Government has proposed an amendment to the Bill of Rights, which will...
Essential reference to property law updated
Significant changes to South African property legislation make it necessary for legal practitioners specialising in this aspect of law to have access to the most up-to-date resources.
Acknowledged by legal practitioners, academics and students as an authoritative…
Provided By LexisNexis
Expropriation without compensation- What you need to know
One of the cornerstones of the Constitution of the Republic of South Africa (“the Constitution”) is the Bill of Rights. The rights contained therein form...
Be careful when contracting with a trust
A recent Supreme Court of Appeal (SCA) judgment has again raised warnings about the implications of not complying with statutory requirements when buying and selling...
Title Deeds – Amendment of Regulations to Deeds Registries Act
The Regulations to the Deeds Registries Act which deal with the application for lost copies of deeds have been amended. The regulations will come into operation two months from the date of publication of the Gazette which was published on 1 November 2019.
Where a title…
Provided By Eversheds Sutherland
Extinctive Prescription – Second edition
About this publication:
This second edition of Extinctive Prescription aims to reflect the law as developed by judgments and statutory changes over a period of more...
by Juta
What happens when your attorney pays your money to the wrong person?
Cybercrime can be described as a criminal activity that involves a computer and the internet. Cybercrime involves many criminal activities and this article aims to...
Is buying property on auction a good idea?
Auction sales are on the rise in South Africa and have grown by a huge margin of 40% during the course of 2019. However, despite...
Is that an alien in my backyard? – Indigenous vs invasive species
“Globalization has resulted in greater trade, transport, travel and tourism, all of which can facilitate the introduction and spread of species that are not native...
Discovering defects before taking property transfer
What happens when a buyer takes occupation of a property prior to transfer and then discovers defects that he didn’t know about? He then claims...
Expropriation of land without compensation under the spotlight
The deputy president, David Mabuza, has assured parliament that government will not deviate from its policy position to amend the Constitution in order to enable...
by Sabinet
Eversheds Sutherland welcomes three new associates
We would like to welcome three new associates who have joined the Durban team in South Africa.
Ishara McKenna has joined our commercial team. She holds...
Noise – Know your rights as a neighbour
Shakespeare said in The Tempest (2:2), “Misery acquaints a man with strange bedfellows.”
When we live side by side in high density complexes it’s inevitable that...
The Voetstoots clause and what it means for property buyers and sellers
A well-known term that every buyer and seller of immovable property may have encountered is that of the voetstoots clause. The term originates from Dutch...
What compliance certificates do I need when selling my house?
Often when we attend to property transfers we find that home owners are caught unawares of the compliance certificates that are required when selling a...
Bankers and municipal councils be mindful of reversionary rights
The Constitutional Court case, Ethekwini Municipality vs Mountahaven Pty Ltd (CCT05/2018) explored reversionary rights and prescription. The Municipality asked the court to compel Mounthaven to re-transfer the property...
Selling your property? You have the right to choose your conveyancer
One of the most frequently asked questions in a property purchase is why, if the buyer of a property is paying the conveyancing attorney, the...
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...
Just what the High Court prescribed – A party may call up a Guarantee in instances where more than three years had passed since the date of the underlying contractual breach
On 26 June 2019, the Pretoria High Court handed down a judgment in a matter in which the Court had to determine whether a party...
