Knowing the hidden costs of buying a property

Experts estimate that the hidden costs of buying a property can add as much as 10% onto the purchase price. Knowing the “ins and outs” of the property before making an offer can prevent an emotionally inflated purchase price and save valuable finances towards …

Topics: Property Law

Conveyancers capitalise on technology to ensure return business

In a competitive market place where innovation and performance matter and business growth is dependent on relationship and service delivery, the use of technology to enhance productivity has become a priority. Lexis®WinDeed from online content provider LexisNexis…

Topics: Property Law

Is Uganda ready for REITs?

Introduction The Ugandan Collective Investment Schemes (Real Estate Investment Trusts) Regulations, 2017 (the “REIT Regulations”) are the latest initiative by the Capital Markets Authority (the “CMA”) in Uganda. The REIT Regulations provide a regulatory…

Topics: Banking & Finance Law | Property Law

When should a court interfere in a contractual relationship? Pacta sunt servanda & public policy

The principle of pacta sunt servanda translates literally as “agreements must be kept” and forms the basis of the common law of contracts. When two parties willingly and knowingly enter into a contract, the terms of that contract should be upheld by both parties.…

Topics: Contract Law | Property Law

Guide to Conveyancing and Notarial Practice releases

The Practitioners’ Guide to Conveyancing and Notarial Practice is the latest new release from publisher, LexisNexis Legal & Professional, a leading global provider of information and analytics. The publication, authoured by Allen West, is aimed …

Topics: Property Law | Running Your Practice

The Brusson Scheme: Practical difficulties for ex-owners trying to implement the Constitutional Court’s decision

The decision of the Constitutional Court, in the case of ABSA Bank Limited v Moore and Another [2016] ZACC 34 has far-reaching implications and the implementation of the decision has posed several challenges. In this case, the Moores (ex-owners) owed money to …

Topics: Dispute Resolution | Property Law

Sectional Title Schemes: Liability for structural repairs to the common property

Owners of sectional title units are often confronted with the question of whether they have recourse against the body corporate for defects to the foundations of the buildings in the scheme. Problems with the foundations often manifest in the ground floor concrete…

Topics: Property Law

A hollow victory: Municipal debts for new homeowners

Section 118(3) of the Local Government: Municipal Systems Act, 2000 has become a popular subject of dispute before our courts. This section provides that any amount due for municipal services in respect of a property is a charge upon that property which enjoys preference…

Topics: Constitutional Law & Civil Rights | Dispute Resolution | Government, Politics & Policy | Property Law

New home owners are not liable for municipal debt of the previous owners

On 29 August 2017, the Constitutional Court handed down judgment in an application for confirmation of an order by the High Court of South Africa, Gauteng Division: Pretoria (High Court) that declared section 118(3) of the Local Government: Municipal Systems Act,…

Topics: Constitutional Law & Civil Rights | Dispute Resolution | Government, Politics & Policy | Property Law

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 Abandonment Until such time as a tenant vacates the property voluntarily or the …

Topics: Property Law

Exception to the “without prejudice” rule

The incessant words “without prejudice” used between litigants during settlement discussions protect the debtor if the settlement negotiations fail. This is because admissions made by the debtor are inadmissible during subsequent legal proceedings. …

Topics: Dispute Resolution | Property Law

Securing your property views

A common issue that arises in the real estate industry is the question of securing a view. The issue has led to several disputes as to who has the right to enjoy the view and what the legal repercussions are if the view is interrupted. The right to an unrestricted view does…

Topics: Dispute Resolution | Property Law

LSSA takes on Proxi Smart model in Gauteng High Court

The Law Society of South Africa (LSSA) filed its answering affidavit in the Proxi Smart matter on 7 June 2017. The matter between Proxi Smart Services (Pty) Ltd v the LSSA and Others is set down for hearing in the Gauteng High Court: Pretoria on 22 to 24 August 2017.…

Topics: Dispute Resolution | Property Law

Facilitating a sale or lease of property: A guide to the Property Practitioners Bill 2017

The Department of Human Settlements has published the Property Practitioners Bill designed to regulate property practitioners, repeal the Estate Agency Affairs Act and provide for the continuation of the Estate Agency Affairs Board to be known as the Property…

Topics: Government, Politics & Policy | Property Law

Property law, contracts and the Constitution

In the recent as yet unreported case of Bondev Holdings Midrand (Pty) vs Mulatedzi Alton Madzhieand others delivered by Acting Judge CR Jansen on 19 December 2016 in the Gauteng High Court, important contractual issues in a constitutional perspective were…

Topics: Constitutional Law & Civil Rights | Contract Law | Insurance Law | Property Law

Expropriation without compensation? There is no such thing!

Introduction Many irresponsible statements regarding expropriation without compensation have been made recently, also by senior politicians. The truth, however, is that our Constitution does not make provision for expropriation without compensation. Section…

Topics: Constitutional Law & Civil Rights | Property Law

The Kenyan real estate market and the introduction of real estate investment trusts

The past decade has seen significant growth in most key sectors of the Kenyan economy, thanks to a vibrant private sector and the ever-increasing foreign appetite for investments in Africa. Indeed, Kenya has been the preferred hub for multinationals and other international…

Topics: Property Law

How Autonomous Vehicles Will Impact and Shape the Real Estate Sector

In this hoganlovells.com interview, Cohen discusses what autonomous driving and autonomous vehicles (AVs) mean for the real estate sector and how developers will need to change and evolve along with the mobility trends. How are millennials approaching car ownership…

Topics: Property Law

Banks given greater freedom to make property loans

Until very recently new owners of properties were held liable for the historical debt of a seller due to a municipality in terms of Section 118(3) of the Municipal Systems Act: “An amount due for municipal services fees, surcharges on fees, property rates and other…

Topics: Banking & Finance Law | Property Law

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 by the body corporate or the home owners association concerned before transfer occurs. Basic Context When a …

Topics: Contract Law | Property Law

Property Law

Knowing the hidden costs of buying a property

Conveyancers capitalise on technology to ensure return business

Is Uganda ready for REITs?

When should a court interfere in a contractual relationship? Pacta sunt servanda & public policy

Guide to Conveyancing and Notarial Practice releases

The Brusson Scheme: Practical difficulties for ex-owners trying to implement the Constitutional Court’s decision

Sectional Title Schemes: Liability for structural repairs to the common property

A hollow victory: Municipal debts for new homeowners

New home owners are not liable for municipal debt of the previous owners

What to do with a Tenant’s leftovers?

Exception to the “without prejudice” rule

Securing your property views

LSSA takes on Proxi Smart model in Gauteng High Court

Facilitating a sale or lease of property: A guide to the Property Practitioners Bill 2017

Property law, contracts and the Constitution

Expropriation without compensation? There is no such thing!

The Kenyan real estate market and the introduction of real estate investment trusts

How Autonomous Vehicles Will Impact and Shape the Real Estate Sector

Banks given greater freedom to make property loans

Liability for special levies

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