Registered restrictive conditions find a hole in courts’ omnipotence

Imagine having a condition in your title deed which dictates how you should use your property and imagine that you had no involvement in the inclusion of that condition. Surely there must be a way to have it removed, since you are the registered owner of the property …

Provided By Cliffe Dekker Hofmeyr

by Muhammad Gattoo and JD van der Merwe

Payments under an Instalment Sale Agreement of immovable property

Typically, when purchasing immovable property (“the property”), the bank or other financial institution lends money to the purchaser on security of a mortgage bond to...

by Shepstone Wylie Attorneys

Payments under an Instalment Sale Agreement of immovable property

Current status of permission to occupy

Throughout South Africa, there are still properties, often large properties, that are held by Permission to Occupy rights (“PTOs”). We often come across these rights...

by Nicholas Kassier

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”)...

by Chantelle Gladwin

Bitou Municipality’s Supplementary 2 Roll (to the 2017 General Valuation Roll)

Sectional title schemes for beginners

Introduction This article canvases, at a basic level, some of the aspects that you, as a prospective or current sectional title owner, would need to know...

by Maike Gohl

How to change your marital regime

Couples sometimes rush into marriage and before they realise it, they are bound by South Africa’s default marital regime which is that of In Community...

by Abrahams & Gross

Title deeds new regulations

The Minister of Rural Development and Land Reform has published new Regulations, dealing with lost or destroyed title deeds, which will commence on 25 February 2019. The recent change governing the application to the Deeds Office for a duplicate original title …

Provided By Eversheds Sutherland

by Robyn Downs

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....

by Chantelle Gladwin and Anja van Wijk

7 common mistakes to avoid when cancelling a Lease Agreement

“I will only move when you pay me my damages”

In what circumstances can a party in breach justify its failure to adhere to the contract based on the other party’s breach? This is one...

by David Pinnock and Boipelo Diale

City of Johannesburg Land Use Scheme, 2018: New requirements for land use and development

The new City of Johannesburg Land Use Scheme, 2018 was published by The City of Johannesburg Metropolitan Municipality (Council) on 2 January 2019 and comes...

by John Webber and Melissa Peneda

What to consider in eviction orders

In the case of Nederburg Wines (Pty) Ltd v Nero & Others (Nederburg Case) Nederburg Wines Proprietary Limited (Appellant), the registered owner of Nederburg Estate...

by VDMA Attorneys

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...

by Chantelle Gladwin and Anja van Wijk

Expropriation without compensation: The land hunger

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”)...

by Chantelle Gladwin and Maike Gohl

Can a consumer “contract out” of a right to receive a pre-termination notice?

What you need to know about rates clearance certificates when selling your property

When selling your property, it is necessary for the conveyancer to get a rates clearance certificate (RCC) from the relevant local authority before transfer can...

by Abrahams & Gross

What you need to know about rates clearance certificates when selling your property

Decriminalisation of cannabis – Residential Housing Estates and Sectional Title Schemes

On 18 September 2018 in an important right to privacy judgment the Constitutional Court (“CC”), decriminalised: the use or possession of cannabis by an adult in...

by Pascale de Froberville

National Treasury hopes to clarify anomalies relating to taxing REITs soon

The taxation of real estate investment trusts (REITs) was discussed at the recent National Treasury Workshop on the 2018 draft Taxation Laws Amendment Bill, held...

by Wesley Grimm and Craig Miller

National Treasury hopes to clarify anomalies relating to taxing REITs soon

Ubuntu and the sanctity of contracts

The Supreme Court of Appeal recently had an opportunity to consider the validity of an agreement to agree. Over the years our courts have been...

by Anneke Whelan

Link between physical property and intellectual property needs clarity

Introduction The link between fixed and tangible (or physical) property and its rights, on the one hand, and intellectual property (“IP”) and its rights, on the...

by Andre van der Merwe

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,...