Are banks entitled to sell your house for next to nothing?
One of the most popular methods by which South Africans purchase immovable property is through a loan from a bank. This process involves a mortgage...
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.
Subdivision and land use laws hinder land reform and are unconstitutional
Research conducted by the Rule of Law Project has found that two Acts of Parliament dealing with land use are unconstitutional and are proving to...
Extending a section in a duet sectional title scheme
There are a substantial number of “duets” in Richards Bay. A duet sectional title scheme is normally formed when a property is too small to...
The implications of the Constitutional Court decision: Jordaan and Others v City of Tshwane Metropolitan Municipality and Others
The Constitutional Court held last week that historical municipal debt (meaning municipal debt attaching to a property which is older than two years at the...
Just prescription rulings dependent on judges’ attitude
What should happen when a claim prescribes on a public holiday, and attempts are made to serve a summons but the court is closed? Sounds unlikely? In fact, it has actually happened in a claim involving the Road Accident Fund. Now the SCA has decided the matter in favour…
Provided By Juta
Land claims backfire as courts rule against communities
For everyone involved in or affected by land claims in SA, May 2018 must go down as one of the most disastrous months yet in the history of attempted restitution: in every one of the decisions by the Land Claims Court during that month those who brought cases to court lost…
Provided By Juta
The legalities around COJ imposing the “Illegal Use Tariff”
Introduction
City of Johannesburg Metropolitan Municipality (“COJ”) has taken the view that rating categorisations and tariffs are not linked to each other, and that this accordingly...
Can foreigners own property in South Africa?
Foreigners may purchase and own immovable property in South Africa without any restrictions, as foreigners are generally subject to the same laws as South African...
Why failing to revise land policy will fail aspiration of millions
The need for land expropriation must be characterised and understood as being foremost about social justice and a constitutional imperative. It is about the majority’s...
Private estates: Defaulting owners treated like day visitors
In the case of Singh and Another v Mount Edgecombe Country Club Estate Management Association 2016 (5) SA 134 (KZD), the court was asked to...
How to fix incorrect valuations/categorisations of properties “in between” property rolls
Introduction
It often happens that property owners miss the deadline for objection to incorrect details on a property roll. If municipal staff advise you that there...
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”...
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...
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”)...
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...
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...
by LexisNexis
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...
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...
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...
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,...
