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,...
Property Law
Latest Property Law News
“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.
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...
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...
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…
Provided By Eversheds Sutherland
Is it illegal for a municipality to disconnect water?
The South African Constitution guarantees a right of access to water (but not a right to water itself). What this means is that the South...
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...
by LSSA
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…
Provided By Eversheds Sutherland
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 ...
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...
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...
