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...
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.
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”)...
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...
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 private; and
the cultivation of cannabis by an adult in a private place for his or her personal use …
Provided By Eversheds Sutherland
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...
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...
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 other hand, is not always apparent.
A professional body such as the South African Institute for Intellectual…
Provided By KISCH IP
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,...
Property scams on the increase due to advances in internet technology
Technological advancements are proving to be a mixed blessing when it comes to the South African real estate industry. On the one side, buyers and...
What to do when your neighbour builds right up to your property
Introduction
This articles explains your rights as a property owner when a neighbour violates a building line or encroaches on your land.
Determining building lines
Every property has...
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...
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...
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 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...
