Contract Law: Applying the abstract theory in property transfers
In transactions where immovable property is sold and transferred, ownership will only be transferred when there is an agreement of sale (which may be regarded...
Property Law
“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.
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...
Legal certainty vs public policy considerations in contract law
The Court in Oregon Trust v BEADICA 231 CC (74/2018) [2019] ZASCA 29 was faced with the issue of whether the enforcement of terms of...
POPI in relation to community schemes
Introduction
The purpose of the Protection of Personal Information Act No 4 of 2013 (“POPI”) is, among other things, to promote the protection of personal information...
Demystifying “non-refundable deposits”, “rouwkoop” and “penalty clauses” in sale of property agreements
The sale or purchase of a property is for many people one of the most important transactions that they will enter into in their lifetime....
Neighbouring building plans ruining your scenery? Constitutional Court rules that legitimate expectations of property owners should be considered
On 19 February 2019, the Constitutional Court (CC) handed down its judgment in the consolidated matters of Trustees of the Simcha Trust v Da Cruz and Others and City of Cape Town v Da Cruz and Others (Simcha Trust) in which it had to decide whether there was an obligation…
Provided By Cliffe Dekker Hofmeyr
Legal issues related to solar panels/geysers in Sectional Title Schemes
An article released by The Citizen on the 3rd of April 2019 shows the enormity of the magnitude of the problem we face in South...
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
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...
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...
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”)...
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...
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...
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...
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....
“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...
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...
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...
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”)...
